§ 46:1844 — Basic rights for victim and witness

Louisiana § 46:1844

• Jurisdiction: Louisiana
• Title 46: Public Welfare and Assistance

Text

§1844. Basic rights for victim and witness
A. Services and information concerning services available to victims and witnesses
of a crime.
(1) The appropriate law enforcement agency shall ensure that crime victims and
witnesses receive emergency, social, and medical services as soon as possible. The
appropriate law enforcement agency shall also distribute to the victim or to the family of a
homicide victim a victim notice and registration form promulgated by the Louisiana
Commission on Law Enforcement and Administration of Criminal Justice in conformity with
Subsection R of this Section.
(2) The Department of Public Safety and Corrections shall maintain the Louisiana
Victim Outreach presently in operation. The bureau shall publicize and provide a way for
crime victims and their family members to be kept informed about the following:
(a) Successful court appeals.
(b) Committee on parole or pardon board hearings or other release hearings.
(c) Information regarding dates of possible release from physical custody, escape,
apprehension, or otherwise.
(d) Beginning August 1, 2018, information regarding the process by which a victim
may provide a reentry statement to request that the inmate be subject to certain proximity or
contact restrictions as part of the inmate's parole conditions, if the inmate appeared before
the committee on parole and was granted parole by the committee, and information on the
availability of assistance to the victim in completing the reentry statement.
(e) Inquiries concerning the department's policies and programs for inmates.
(3) All law enforcement agencies having custody of those accused or convicted of
the offenses enumerated in R.S. 46:1842(9) shall, pursuant to Article I, Section 25 of the
Constitution of Louisiana, notify crime victims or designated family members who have
properly registered concerning an accused's or a defendant's arrest, release on recognizance,
posting of bond, release pending charges being filed, release due to rejection of charges by
the district attorney, escape, or re-apprehension.
B. Advance notification to victim, or designated family member concerning judicial
proceedings or probation hearing; right to be present. If requested by registering with the
appropriate law enforcement or judicial agency as outlined in Subsection T of this Section,
the clerk of court shall provide reasonable notice to a victim or a designated family member
of judicial proceedings or a probation hearing relating to their case. The notice required
pursuant to this Subsection may be made by any method reasonably calculated to notify the
victim or designated family member of the judicial proceeding in a timely manner.
C. Interviewing the victim and witness of a crime.
(1) The district attorney, prior to trial, shall make reasonable efforts to interview the
victim or designated family member to determine the facts of the case and whether the victim
or the family is requesting restitution.
(2) All law enforcement or judicial agencies shall provide a private setting for all
interviewing of victims of crime. "Private setting" shall mean an enclosed room from which
the occupants are not visible or otherwise identifiable and whose conversations cannot be
heard from outside such room. Only those persons directly and immediately related to the
interviewing of the victim, specifically the victim, a social worker, psychologist, or other
professional, the victim advocate designated by the sheriff's office, or a representative from
a not-for-profit victim service organization, including but not limited to rape crisis centers,
domestic violence advocacy groups, and alcohol abuse or substance abuse groups providing
emotional support to the victim, shall be present, unless the victim requests the exclusion of
such person from the interview, and, when appropriate, the parent or parents of the victim.
(3) The victim and the victim's family may refuse any requests for interviews with
the attorney for the defendant or any employee or agent working for the attorney for the
defendant. If the victim is a minor, the parent or guardian of the victim may refuse to permit
the minor to be interviewed by the attorney for the defendant or any employee or agent
working for the attorney for the defendant. Before any victim may be subpoenaed to testify
on behalf of a defendant at any pretrial hearing, the defendant shall show good cause at a
contradictory hearing with the district attorney why the subpoena should be issued. Willful
disregard of the rights of victims and witnesses as enumerated in this Paragraph may be
punishable as contempt of court.
D. Consultation with the victim or the designated family member.
(1) The victim or the designated family member shall have the right to retain counsel
to confer with law enforcement and judicial agencies regarding the disposition of the victim's
case. The prosecutor may confer with the counsel retained by the victim or designated family
member in the prosecution of the case. "Case" herein shall mean a criminal matter in which
formal charges have been filed by the district attorney's office.
(2) Upon written notification to the district attorney's office received from the victim,
or the designated family member, the district attorney's office shall, within a reasonable
period of time following such notification, contact the victim and schedule a conference with
the victim or a designated family member in order to obtain their view, either orally or in
writing, regarding:
(a) The disposition of the criminal case by dismissal, plea, or trial.
(b) The use of available sentencing alternatives such as incarceration, probation,
community service, and the payment of restitution to the victim.
E. Notification to employers. The victim or witness who so requests shall be assisted
by judicial and law enforcement agencies in informing employers that the need for victim
and witness cooperation in the prosecution of the case may necessitate absence of the victim
or witness from work.
F. Notification of scheduling changes. Each victim or witness who has been
scheduled to attend a criminal justice proceeding shall be notified as soon as possible by the
agency scheduling his or her appearance of any change in scheduling which shall affect his
or her appearance.
G. The victim and witness in the court setting. The court shall provide, whenever
possible, a secure waiting area during court proceedings which does not require victims,
witnesses, or victims' families to be in close proximity to the defendants, or their families or
friends, and shall provide a secure waiting area in cases involving violent crimes. Upon
request of a victim, victim's family, or witness, the court shall also provide, whenever
possible, designated seating in a courtroom for victims, victims' families, and witnesses
separate from defendants, defendants' families, or witnesses for defendants. The designated
seating area should be positioned, whenever possible, in the courtroom in a way that does not
require victims, victims' families, and witnesses to be in close proximity to defendants,
defendants' families, or witnesses for defendants.
H. Presentence or postsentence reports. The victim or designated family member
shall have the right to review and comment on the presentence or postsentence reports
relating to the crime against the victim. The trial court shall regulate when and how the
presentence report is provided to the victim or designated family member. The Department
of Public Safety and Corrections shall regulate how the postsentence report is provided to
the victim or designated family member.
I. Rules governing evidence and criminal procedure. The victim shall be protected
at all times by all rules and laws governing the criminal procedure and the admissibility of
evidence applicable to criminal proceedings.
J. Speedy disposition. The victim shall have the right to a speedy disposition and
prompt and final conclusion of the case after conviction and sentencing. When ruling on a
defense motion for continuance, the court shall consider the impact on the victim.
K. Right of victim or designated family member to be present and heard at all critical
stages of the proceedings.
(1)(a) At all critical stages of the prosecution, if the victim or designated family
member is present, the court shall determine if the victim or designated family member
wishes to make a victim impact statement. If the victim is not present, the court shall
ascertain whether the victim or designated family member has requested notification and, if
so, whether proper notice has been issued to the victim or designated family member, in
accordance with Subsection B of this Section, by the clerk of court or by the district
attorney's office. If notice has been requested and proper notice has not been issued, the
court shall continue the proceedings until proper notice is issued.
(b) The victim and victim's family members shall have the right to make a written
and oral victim impact statement as follows:
(i) Any written statement shall be made available to the state and the defendant and
shall be made part of the record. The statement may be submitted by the district attorney
upon request of the victim or designated family member. Upon request of the victim or
designated family member, any such written statement may be sealed by the court after
review by the parties.
(ii) The hearing at which an oral statement is provided to the court shall be subject
to the limitations of relevance. In any case where the number of victim's family members
exceeds three, the court may limit the in-court statements that it receives from them to a
fewer number of statements. The court may otherwise reasonably restrict the oral statement
in order to maintain courtroom decorum. The defendant must be present for the victim
impact statement, and the court shall not prohibit the statement from being directed toward
the defendant, unless the statement disturbs the order and decorum of the courtroom. Upon
motion of the state, the court may hear any such statement in camera.
(2) The statement of the victim or the victim's family may:
(a) Identify the victim of the offense.
(b) Itemize any economic loss that has been or may be reasonably suffered by the
victim as a result of the offense.
(c) Identify any physical injury suffered by the victim as a result of the offense, along
with its seriousness and permanence.
(d) Describe any change in the victim's personal welfare or familial relationships as
a result of the offense.
(e) Identify any request for medical or counseling services needed by the victim or
the victim's family as a result of the offense.
(f) Contain any other information related to the impact of the offense upon the victim
or the victim's family that the trial court requires.
(g) Contain any other information that the victim or victim's family wishes to share
with the court regarding the overall effect of the crime upon the victim and the victim's
family.
(3)(a) Prior to the sentencing hearing, the court shall provide the counsel for the
defendant, the victim, and the attorney for the state with notice of the maximum and
minimum sentence allowed by law. The court shall allow the victim, or designated family
member, and the prosecutor the opportunity to review any presentence investigation reports
that have been prepared relating to the victim's case. The review of the presentence report
shall be conducted under the supervision of the court.
(b) At the sentencing hearing, the court shall afford the counsel for the defendant,
the attorney for the state, and the victim or designated family member an opportunity to
comment upon matters relating to the appropriate sentence. Before imposing sentence, the
court shall verify that the victim or designated family member was notified of the sentencing
hearing and address the victim or designated family member personally, if the victim or
designated family member is present at the sentencing hearing, to determine if the victim or
designated family member wishes to present a written and oral impact statement pursuant to
this Chapter.
L. Return of property to victim or family of victim. All judicial and law enforcement
agencies shall expeditiously return any stolen or other personal property to victims or victims'
families when no longer needed as evidence, at no cost to victims or their families.
M. Victims' right to seek restitution. (1) If the defendant is found guilty, the court
or the committee on parole shall require the defendant to pay restitution to the appropriate
party in an amount and manner determined by the court. In addition, the court or the
committee on parole may require the defendant to perform community service work in an
amount and according to a schedule determined by the court.
(2) One of the conditions of work release shall be a requirement that an inmate pay
from his earnings all restitution ordered by the court or the committee on parole. Even if no
restitution has been ordered, the sheriff or director of the program shall have the right to
require payment of restitution as a condition of work release.
(3) A victim shall not be required to pay recording fees for the filing of a restitution
order with the clerk of court. The defendant shall be responsible for all costs associated with
this action.
N. Duties of the Department of Public Safety and Corrections. (1) In cases where
the sentence is the death penalty, the victim's family shall have the right to be notified by the
Department of Public Safety and Corrections of the time, date, and place of the execution,
and a minimum of two representatives of the victim's family shall have the right to be
present.
(2)(a) Upon filing of a victim notice and registration form by a victim or a family
member, or a witness, it shall be the duty of the Department of Public Safety and
Corrections, corrections services, at the time of the appeal, discharge, or parole of an inmate
including a juvenile inmate, to notify all registered persons by mail or electronic
communications of such appeal or release. Such form shall be included in the prisoner's
commitment documents to be delivered to the warden of any state correctional facility where
such prisoner has been committed or transferred.
(b) When an inmate who has been convicted of a crime of violence as defined in R.S.
14:2(B) or a sex offense as defined in R.S. 15:541 is eligible for release pursuant to R.S.
15:571.3, the Department of Public Safety and Corrections shall, if known by the department,
notify the victim or the victim's family, all persons who have filed a victim registration and
notification form, the appropriate law enforcement agency, and the appropriate district
attorney no later than sixty days prior to the inmate's release.
(c) Notice by electronic communications shall be allowed only in instances where
the registered person has opted in to such form of notification during the registration process
and is complete upon transmission.
(3)(a) In the event of an escape or absconding by an inmate including a juvenile
inmate, from any facility under the jurisdiction of the Department of Public Safety and
Corrections, corrections services, it shall be the duty of the department to immediately notify
the victim, family member of the victim, or witness, at the most current address or phone
number on file with the department and via electronic mail or communication, of the escape
by the most reasonable and expedient means possible. If the inmate is recaptured, the
department shall send notice within forty-eight hours of regaining custody of the inmate. In
no case shall the state be held liable for damages for any failure to provide notice pursuant
to this Section.
(b) Notice by electronic mail communications is complete upon transmission.
(4) When an inmate in physical custody is within three months of his earliest
projected release date, a registered victim may contact the Louisiana Victim Outreach of the
Department of Public Safety and Corrections, corrections services, to request a current
photograph of the inmate. The department shall take all reasonable steps to provide a
photograph to the registered victim at least ten days prior to the inmate's actual release.
O. Notification of pardon or parole.
(1) The Board of Pardons or the committee on parole, respectively, shall notify the
victim or the victim's family and all persons who file a victim registration and notification
form and the appropriate district attorney that a hearing has been set for the person convicted
of the crime. The victim or victim's family shall have the right to make written and oral
statements as to the impact of the crime at any hearing before the board or committee and to
rebut any statements or evidence introduced by the inmate or defendant. The victim or the
victim's family, a victim advocacy group, and the district attorney or his representative may
also appear before the board or committee in person or by means of teleconference or
telephone communication.
(2) Beginning August 1, 2018, when an inmate in physical custody is within three
months of his earliest projected release date, a registered victim may contact the Louisiana
Victim Outreach to submit a reentry statement to the committee on parole requesting that the
inmate be subject to certain proximity or contact restrictions, as part of the inmate's parole
conditions, that the victim believes are necessary for the victim's protection. The committee
on parole may consider the victim's reentry statement only for the purpose of determining the
inmate's parole conditions and not for the purpose of determining whether to order the
release of the inmate on parole. A victim's reentry statement is not binding on the committee
on parole but shall be considered in concert with other relevant information when setting
parole conditions. The provisions of this Paragraph apply only to those persons who are to
appear at a hearing before the committee on parole to determine whether the person should
be granted parole.
P. Notification concerning missing children. All law enforcement agencies shall
expeditiously investigate all reports of missing children and shall inform the family members
of such children of the status of the investigation.
Q. Victim assistance education and training. Victim assistance education and
training shall be offered to persons taking courses at law enforcement training facilities.
R. Preparation of victim notice and registration forms.
(1) The Louisiana Commission on Law Enforcement and Administration of Criminal
Justice shall cause to be promulgated uniform victim notice and registration forms which
outline and explain the rights and services established by this Chapter. This information
shall be updated as necessary. The costs of developing the victim notice and registration
form shall be funded by the Louisiana Commission on Law Enforcement and Administration
of Criminal Justice.
(2) To the extent that funding is available for such purposes, the Louisiana
Commission on Law Enforcement and Administration of Criminal Justice shall develop and
provide, by August 1, 2018, a system by which an agency may choose to complete and
submit the uniform victim notice and registration form electronically and by which a victim
may choose to receive all notices electronically.
S. Failure to comply. No sentence, plea, conviction, or other final disposition shall
be invalidated because of failure to comply with the provisions of this Section.
T. Registration with the appropriate law enforcement or judicial agency.
(1) In order for a victim or designated family member to be eligible to receive notices
hereunder, the victim or designated family member may complete a form promulgated by the
Louisiana Commission on Law Enforcement and Administration of Criminal Justice. The
form shall be completed by the victim or designated family member and shall be filed with
the law enforcement agency investigating the offense of which the person is a victim, as
defined in this Chapter. The completed victim notice and registration form shall be included
in the documents sent by the law enforcement agency to the district attorney for prosecution.
The district attorney shall include the completed victim notice and registration form with any
subsequent bill of information or indictment that is filed with the clerk of court. Upon
conviction, the victim notice and registration form shall be included in the documents sent
by the clerk of court to the Department of Public Safety and Corrections, the law
enforcement agency having custody of the defendant, or the division of probation and parole.
(2) All victim notice and registration forms, and the information contained therein,
shall be kept confidential by all law enforcement and judicial agencies having possession.
The information shall be used only for the purposes required by this Chapter and shall be
released only upon court order after contradictory hearing.
(3) The victim and designated family member shall have the right to register with the
appropriate agency at any time and exercise prospectively the rights guaranteed by this
Chapter. However, a victim or designated family member who does not register with the
appropriate agency shall nevertheless be permitted to exercise the rights guaranteed by this
Chapter insofar as possible.
U. No cause of action. Nothing in this Section shall be construed as creating a cause
of action by or on behalf of any person for an award of costs or attorney fees, for the
appointment of counsel for a victim, or for any cause of action for compensation or damages
against the state of Louisiana, a political subdivision, a public agency, or a court, or any
officer, employee, or agent thereof. Nothing in this Chapter precludes filing for a writ of
mandamus as provided in the Code of Civil Procedure to compel the performance of a
ministerial duty required by law.
V. Crime victim's assistance hotline. In furtherance of the purposes of this Section,
a statewide crime victim's assistance hotline may be established. The Crime Victims
Reparations Board along with the Louisiana Commission on Law Enforcement and
Administration of Criminal Justice shall jointly operate the hotline and periodically review
the criteria and implementation procedures of said hotline.
W. Confidentiality of crime victims who are minors, victims of sex offenses, and
victims of human trafficking-related offenses.
(1)(a) In order to protect the identity and provide for the safety and welfare of crime
victims who are minors under the age of eighteen years and of victims of sex offenses or
human trafficking-related offenses, notwithstanding any provision of law to the contrary, all
public officials and officers and public agencies, including but not limited to all law
enforcement agencies, sheriffs, district attorneys, judicial officers, clerks of court, the Crime
Victims Reparations Board, and the Department of Children and Family Services or any
division thereof, shall not publicly disclose the name, address, contact information, or
identity of crime victims who at the time of the commission of the offense are minors under
eighteen years of age or of victims of sex offenses or human trafficking-related offenses,
regardless of the date of commission of the offense. The confidentiality of the identity of the
victim who at the time of the commission of the offense is a minor under eighteen years of
age or the victim of a sex offense or human trafficking-related offense may be waived by the
victim. The public disclosure of the name of the juvenile crime victim by any public official
or officer or public agency is not prohibited by this Subsection when the crime resulted in
the death of the victim. Nothing in this Subsection shall be construed to require the redaction
of a victim's name when the named victim is the one requesting such documents, reports, or
any other records.
(b) In order to protect the identity and provide for the safety and welfare of crime
victims who are minors under the age of eighteen years and of victims of sex offenses or
human trafficking-related offenses, notwithstanding any provision of law to the contrary, an
attorney for any party shall be prohibited from publicly disclosing, except during trial, the
name, address, contact information, or identity of crime victims who at the time of the
commission of the offense are under eighteen years of age or are victims of sex offenses or
human trafficking-related offenses, regardless of the date of commission of the offense. An
attorney may lawfully utilize initials, abbreviations, or other forms of indefinite descriptions
on documents used in the performance of their duties to prevent the public disclosure of the
name, address, contact information, or identity of such crime victims. If the name, address,
contact information, or identity of such a crime victim must be disclosed in a motion or
pleading, that motion or pleading shall be filed with the court requesting that it be kept under
seal. Failure to comply with the provisions of this Subparagraph shall be punishable as
contempt of court.
(c) Notwithstanding the provisions of Subparagraphs (a) and (b) of this Paragraph,
all information regarding juvenile crime victims that is required by a child abduction alert
system which assists law enforcement in the successful resolution of child abduction cases,
such as the AMBER Alert network, shall be made available to such alert system as quickly
as possible.
(2) For purposes of this Section:
(a) "Human trafficking-related offense" shall include the perpetration or attempted
perpetration of R.S. 14:46.2, R.S. 14:46.3, or any other crime involving commercial sexual
exploitation including R.S. 14:81.1, 81.3, 82, 82.1, 82.2, 83, 83.1, 83.2, 83.3, 83.4, 84, 85,
86, 89.2, 104, 105, or 282.
(b) "Sex offense" shall include the perpetration or attempted perpetration of stalking
(R.S. 14:40.2), misdemeanor carnal knowledge of a juvenile (R.S. 14:80.1), obscenity (R.S.
14:106), or any offense listed in R.S. 15:541(24).
(3) Notwithstanding any other provision of law to the contrary, all public officials,
officers, and public agencies, including but not limited to all law enforcement agencies,
sheriffs, district attorneys, judicial officers, clerks of court, the Crime Victims Reparations
Board, and the Department of Children and Family Services or any division thereof, charged
with the responsibility of knowing the name, address, contact information, and identity of
crime victims who are minors or of crime victims of a sex offense or a human trafficking-related offense as a necessary part of their duties shall have full and complete access to this
information regarding a crime victim who is a minor or a victim of a sex offense or a human
trafficking-related offense. Either prior to or at the time of a request for information, the
public official or officer or public agency shall take measures to prevent the public disclosure
of the name, address, contact information, or identity of such a crime victim who is a minor
or a victim of a sex offense or human trafficking-related offense, which may include the use
of initials, abbreviations, or any other form of concealing the identity of the victim on all
public documents.
(4) The provisions of this Subsection shall not apply to the requirement of promptly
informing a defendant or his attorney of the name of the victim of a sexual crime during
pretrial discovery.
(5)(a) In order to provide for the safety and welfare of victims of crimes against
family members, household members, or dating partners, notwithstanding any provision of
law to the contrary, all public officials and officers and public agencies, including but not
limited to all law enforcement agencies, sheriffs, district attorneys, judicial officers, clerks
of court, the Crime Victims Reparations Board, and the Department of Children and Family
Services or any division thereof, shall not publicly disclose the address or contact
information of victims of crimes against family members, household members, or dating
partners. The confidentiality of the address and contact information of the victim of a crime
against a family member, household member, or dating partner may be waived by the victim.
(b) In order to provide for the safety and welfare of victims of crimes against family
members, household members, or dating partners, notwithstanding any provision of law to
the contrary, an attorney for any party shall be prohibited from publicly disclosing, except
during trial, the address and contact information of victims of crimes against family
members, household members, or dating partners. If the address and contact information of
such a crime victim must be disclosed in a motion or pleading, that motion or pleading shall
be filed with the court requesting that it be kept under seal. Failure to comply with the
provisions of this Subparagraph shall be punishable as contempt of court.
(c) Notwithstanding any other provision of law to the contrary, all public officials,
officers, and public agencies, including but not limited to all law enforcement agencies,
sheriffs, district attorneys, judicial officers, clerks of court, the Crime Victims Reparations
Board, and the Department of Children and Family Services or any division thereof, charged
with the responsibility of knowing the address and contact information of victims of crimes
against family members, household members, or dating partners as a necessary part of their
duties shall have full and complete access to this information regarding a victim of a crime
against a family member, household member, or dating partner. Either prior to or at the time
of a request for information, the public official or officer or public agency shall take
measures to prevent the public disclosure of the address and contact information of a victim
of a crime against a family member, household member, or dating partner.
(d) For the purposes of this Section, "family member" and "household member" shall
have the same definitions as in R.S. 46:2132 and "dating partner" shall have the same
definition as in R.S. 46:2151.
X. All victims of violent crime shall have the right to access and obtain a copy of
their initial police report at no cost to them.
Y. Capital cases.
(1) In cases where the sentence is the death penalty and the clemency process has
commenced, the victim's family shall have the right to not be contacted by any of the
following unless an appointment with the family has been requested, approved, and arranged
through a victim service coordinator appointed by either the prosecuting agency or the
Department of Public Safety and Corrections through its Louisiana Victim Outreach
Program:
(a) The offender.
(b) Any family member or friend of the offender.
(c) Any legal representative of the offender.
(d) Any person or group who actually or purports to represent the offender or the
interests of the offender.
(2) Upon conviction in cases where the sentence is the death penalty, the victim's
family shall be notified by the victim service coordinator of their right to not be contacted
by any person, group, or entity who actually or purports to represent the offender or the
interests of the offender in subsequent clemency procedures, unless an appointment has been
requested, approved, and arranged through the victim service coordinator. The victim service
coordinator shall provide a form to the victim's family to request that the victim's family not
be contacted in any manner by any person, group, or entity who actually or purports to
represent the offender or the interests of the offender related to clemency procedures. The
victim service coordinator shall provide notice of this document by United States mail to
each party in the case.
(3) Whoever violates the provisions of this Subsection shall be punished in
accordance with R.S. 14:130.1(B)(5).
Z. Notification when the defendant is found not competent to stand trial or not guilty
by reason of insanity.
(1) When the defendant has been adjudicated as not competent to stand trial or has
been found not guilty by reason of insanity and has been committed to the custody of the
Louisiana Department of Health pursuant to Title XXI of the Code of Criminal Procedure,
the Louisiana Department of Health shall notify the appropriate court of criminal jurisdiction
and the district attorney if any of the following occur:
(a) The defendant is transferred to another facility.
(b) The defendant is placed on conditional release, including any material changes
that are made to the conditions of his release.
(c) The defendant is released from custody.
(2)(a) Upon filing of a victim notice and registration form by a victim, a family
member of a victim, or a witness, the district attorney's office shall notify by mail or
electronic communications the victim or the victim's family and all persons who have filed
a victim registration and notification form within thirty days of the receipt of notification.
(b) Notice by electronic communication shall be allowed only in instances where the
registered person has opted in to such form of notification during the registration process and
is complete upon transmission.
(3)(a) In the event of an escape or absconding of a defendant, including a juvenile
defendant, from any facility under the jurisdiction of the Louisiana Department of Health or
from a private mental institution where the defendant has been committed, the Louisiana
Department of Health or the private mental institution shall immediately notify all of the
following of the escape by the most reasonable and expedient means possible:
(i) The appropriate court of criminal jurisdiction.
(ii) The district attorney.
(iii) The victim, family member of the victim, or witness, if known to the
department, at the most current address or phone number on file with the department.
(b) If the defendant is recaptured, the Louisiana Department of Health or the private
mental institution shall send notice within forty-eight hours of regaining custody of the
defendant.
(4) In no case shall the state be held liable for damages for any failure to provide
notice pursuant to this Section.

Legislative History

Acts 1985, No. 794, §1; Acts 1986, No. 160, §2; Acts 1992, No. 383, §1; Acts 1994, 3rd Ex. Sess., No. 75, §1; Acts 1994, 3rd Ex. Sess., No. 139, §1; Acts 1995, No. 532, §1; Acts 1995, No. 541, §1; Acts 1995, No. 926, §1; Acts 1995, No. 1224, §1; Acts 1997, No. 732, §1; Acts 1997, No. 870, §2; Acts 1997, No. 1448, §1; Acts 1999, No. 783, §1, eff. Jan. 1, 2000; Acts 2000, 1st Ex. Sess., No. 3, §1; Acts 2003, No. 5, §1; Acts 2003, No. 641, §1; Acts 2004, No. 676, §2; Acts 2004, No. 771, §1; Acts 2005, No. 74, §2; Acts 2008, No. 70, §1; Acts 2009, No. 364, §1; Acts 2010, No. 176, §1; Acts 2010, No. 177, §1; Acts 2010, No. 835, §1; Acts 2010, No. 877, §3, eff. July 1, 2010; Acts 2012, No. 840, §1, eff. June 14, 2012; Acts 2014, No. 564, §4; Acts 2016, No. 387, §1; Acts 2017, No. 258, §1; Acts 2017, No. 337, §1; Acts 2018, No. 309, §2; Acts 2022, No. 140, §2; Acts 2022, No. 207, §1; Acts 2022, No. 411, §1; Acts 2022, No. 568, §1; Acts 2024, No. 44, §1; Acts 2024, No. 157, §2; Acts 2024, No. 344, §1; Acts 2024, No. 576, §2; Acts 2025, No. 230, §3.