§ 40:2853 — Facilities providing housing or temporary residence to individuals referred by

§2853. Facilities providing housing or temporary residence to individuals referred by
judicial agencies
A. No facility including pretrial diversion facilities that provides housing or
temporary residence for individuals who have been arrested for the commission of a crime
who are referred by any judicial agency pursuant to this Chapter shall be located within one
thousand feet of any school or child day care center property.
B.(1) In municipalities and unincorporated areas which are divided into subdivisions
with streets, blocks, and sidewalks, this distance shall be measured as a person walks using
the sidewalk from the nearest point of the property line of the school or day care center to the
nearest point of the premises to be used to provide housing or temporary residence.
(2) Outside of municipalities and unincorporated areas which are not divided into
subdivisions with streets, blocks, or sidewalks, the measurement of this distance shall be a
straight line from the nearest point of the premises to provide housing or temporary residence
to the nearest point of the school or day care center property.
C.(1) The prohibitions provided for in Subsection A of this Section shall not apply
to any facility that provides housing or temporary residence which has been in operation for
a year or longer prior to August 15, 2009.
(2) The subsequent construction, erection, development, or movement of a school
or day care center which causes the facility providing housing or temporary residence to be
located within the prohibited distance as provided for in Subsection A of this Section shall
not be cause for a violation of the provisions of this Section.
D. For purposes of this Section the following definitions shall apply:
(1) "Child day care center property" means property on which is located a facility
licensed as a day care center under the provisions of the Child Care Facility and Child-Placing Agency Licensing Act (R.S. 46:1401 et seq.) or licensed as a group child day care
home under the provisions of the Child Care Registration Law (R.S. 46:1441 et seq.).
(2) "Premises" includes that land and any improvements thereon.
(3) "School property" means the property of any public elementary or secondary
school or any nonpublic elementary or secondary school.
E. Whoever violates the provisions of this Section shall be fined not more than five
hundred dollars, or imprisoned for not more than six months, or both.

Legislative History

Acts 2009, No. 151, §2; Acts 2015, No. 447, §1.