Louisiana § 40:2852 Facilities providing treatment, housing, or temporary residence to individuals

Louisiana Statutes

§ 40:2852 — Facilities providing treatment, housing, or temporary residence to individuals

Louisiana·Title 40 Public Health and Safety

§2852. Facilities providing treatment, housing, or temporary residence to individuals referred by judicial agencies

A.Any facility, including pretrial diversion facilities, not otherwise required to be licensed by the Louisiana Department of Health or the Department of Children and Family Services, that provides housing or temporary residence for individuals who have been arrested for the commission of a crime and who are referred by any judicial agency, as defined in this Section, shall be regulated by rules adopted and enforced by the Department of Public Safety and Corrections for the operation of these facilities.

B.The rules shall include but not be limited to providing for the construction, standards of operation, and services provided for these facilities. All rules shall be adopt

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§2852. Facilities providing treatment, housing, or temporary residence to individuals
referred by judicial agencies
A. Any facility, including pretrial diversion facilities, not otherwise required to be
licensed by the Louisiana Department of Health or the Department of Children and Family
Services, that provides housing or temporary residence for individuals who have been
arrested for the commission of a crime and who are referred by any judicial agency, as
defined in this Section, shall be regulated by rules adopted and enforced by the Department
of Public Safety and Corrections for the operation of these facilities.
B. The rules shall include but not be limited to providing for the construction,
standards of operation, and services provided for these facilities. All rules shall be adopted
in accordance with the Administrative Procedure Act.
C.(1) No facility shall provide housing or temporary residence to any individual and
no judicial agency shall refer any individual to a facility providing housing or temporary
residence until the Department of Public Safety and Corrections has adopted rules and has
inspected the facility and certified that the facility is in compliance with these rules as
provided for by this Section.
(2) No facility shall provide treatment to any individual and no judicial agency shall
refer any individual to a facility providing treatment until the Louisiana Department of
Health has adopted rules and has inspected the facility and certified that the facility is in
compliance with these rules as provided for by this Section.
D. For the purposes of this Chapter, "judicial agency" means the sheriff, sheriff's
department, or district court and officers thereof, including the district judge, the prosecutor,
and district attorneys. Judicial agency referral residential facilities shall not participate in
sheriffs' work release programs nor shall they receive funding from the state.
E. Repealed by Acts 2017, No. 107, §2.

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Legislative History

Acts 2006, No. 660, §1, eff. June 29, 2006; Acts 2008, No. 437, §1; Acts 2010, No. 493, §1; Acts 2015, No. 447, §1; Acts 2017, No. 107, §§1, 2; Acts 2025, No. 328, §1.