Title 15, Criminal Procedure
0 chapters · 1,041 sections in this title.
La. Rev. Stat. § 15:1177 Judicial review of administrative acts; exception
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§1177. Judicial review of administrative acts; exception A. Any offender who is aggrieved by an adverse decision, excluding decisions relative to delictual actions for injury or damages, by the Department of Public Safety and Corrections or a contractor operating a private prison…
La. Rev. Stat. § 15:1178 Judicial screening
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§1178. Judicial screening A. When a clerk of court receives a petition for judicial review filed under the provisions of R.S. 15:1177, the clerk shall transmit the petition to the appropriate division or official of the court prior to taking any action on the petition. B. The cou…
La. Rev. Stat. § 15:1179 Service of process
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§1179. Service of process The clerk of court shall not order service of process with respect to any petition filed under the provisions of R.S. 15:1177 until the petition has been reviewed by the court and has been found to state a cognizable claim. Acts 1997, No. 716, §1; Acts 2…
La. Rev. Stat. § 15:1181 Definitions
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§1181. Definitions In this Part the terms enumerated have the following meanings: (1) "Consent decree" means any relief entered by the court that is based in whole or in part upon the consent or acquiescence of the parties but does not include private settlements. (2) "Civil acti…
La. Rev. Stat. § 15:1182 Appropriate remedies with respect to prison conditions
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§1182. Appropriate remedies with respect to prison conditions A. Prospective relief in any civil action with respect to prison conditions shall extend no further than necessary to correct the violation of the state right of a particular plaintiff or plaintiffs. The court shall no…
La. Rev. Stat. § 15:1183 Experts
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§1183. Experts A. When otherwise specifically authorized by law, in any prisoner suit, the court may appoint an expert who shall be disinterested and objective and will give due regard to the public safety. If the court determines that the appointment of an expert is necessary, t…
La. Rev. Stat. § 15:1184 Suits by prisoners
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§1184. Suits by prisoners A.(1) For purposes of this Section, the following words have the following meanings: (a) "Administrative remedies" means written policies adopted by governmental entities responsible for the operation of prisons which establish an internal procedure for …
La. Rev. Stat. § 15:1185 Attorney fees
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§1185. Attorney fees A. In any prisoner suit in which attorney fees are authorized, such fees shall not be awarded, except to the extent that the fee was directly and reasonably incurred in proving an actual violation of the plaintiff's rights protected by a statute pursuant to w…
La. Rev. Stat. § 15:1186 Proceedings in forma pauperis
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§1186. Proceedings in forma pauperis A.(1) A prisoner who seeks to bring a civil action or file an appeal or writ application in a civil action without prepayment of fees or security shall comply with all requirements for proceeding in forma pauperis except for Code of Civil Proc…
La. Rev. Stat. § 15:1187 Successive claims
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§1187. Successive claims In no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding in forma pauperis if the prisoner has, on three or more prior occasions while incarcerated or detained in any facility, brought an action or appeal in a…
La. Rev. Stat. § 15:1188 Judicial screening and service of process
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§1188. Judicial screening and service of process A. The court shall review, before docketing if feasible or, in any event, before service on the defendants, a petition in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a gover…
La. Rev. Stat. § 15:1189 Payment of damage award in satisfaction of pending restitution orders
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§1189. Payment of damage award in satisfaction of pending restitution orders Any damages awarded to a prisoner in connection with a civil action brought against any prison or against any official or agent of such prison shall be paid directly to satisfy any outstanding restitutio…
La. Rev. Stat. § 15:1190 Earned release credit or good time credit revocation
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§1190. Earned release credit or good time credit revocation In any civil action brought by any person convicted of a crime and confined in a prison, the court may order the revocation of such earned good time credit that has not yet been vested, if, on its own motion or the motio…
La. Rev. Stat. § 15:1191 Claims arising under federal law
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§1191. Claims arising under federal law Except as specifically prohibited by federal law, the provisions of this Part shall also apply to all prisoner suits in state courts asserting claims arising under 42 U.S.C. 1983 or other federal laws. Acts 2001, No. 801, §1, eff. June 26, …
La. Rev. Stat. § 15:1196 Project return post-release skills program
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§1196. Project return post-release skills program A. Louisiana Works may establish or contract with a service provider or community service organization to establish a comprehensive project return post-release skills program for offenders recently released from the custody of the…
La. Rev. Stat. § 15:1199.1 Short title
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§1199.1. Short title This Part may be referred to and may be cited as the "Reentry Advisory Council and Offender Rehabilitation Workforce Development Act". Acts 2008, No. 106, §1, eff. June 6, 2008; Acts 2010, No. 836, §1.
La. Rev. Stat. § 15:1199.10 Workforce development work release for participants and graduates of the program administered by the sheriff
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§1199.10. Workforce development work release for participants and graduates of the program administered by the sheriff A. The sheriff of each parish, and in Orleans Parish, the criminal sheriff, is hereby authorized to enter into a cooperative endeavor with the department to admi…
La. Rev. Stat. § 15:1199.11 Traditional work release programs not affected
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§1199.11. Traditional work release programs not affected Participation in workforce development work release programs as authorized by the provisions of R.S. 15:1199.9 and 1199.10 shall not be construed to prohibit an inmate from participating in a work release program authorized…
La. Rev. Stat. § 15:1199.12 Program duration; development; selection of craft
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§1199.12. Program duration; development; selection of craft A. The department shall assist each inmate in selecting a craft as provided for in this Part. B. The pairing of the inmate with a particular craft shall be determined by all of the following: (1) The skills, interests, a…
La. Rev. Stat. § 15:1199.13 Removal from program
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§1199.13. Removal from program A. An inmate may be removed from the program for any of the following: (1) Willful failure to comply with the rules of the program. (2) Willful failure to participate in any educational or skills development component of the program. (3) Any action …
La. Rev. Stat. § 15:1199.14 Substance abuse treatment and counseling
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§1199.14. Substance abuse treatment and counseling A. The department may enter into cooperative endeavors or contracts with the Louisiana Department of Health, educational institutions, training facilities, and service providers to provide for substance abuse treatment and counse…
La. Rev. Stat. § 15:1199.15 Authorized providers for intensive training
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§1199.15. Authorized providers for intensive training The department, with the assistance of the council, shall develop a list of educational institutions, training facilities, and employers authorized to provide intensive training programs necessary for proper certification and …
La. Rev. Stat. § 15:1199.16 Drug testing
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§1199.16. Drug testing A. Once an inmate is accepted into the program, the inmate agrees to random drug testing to verify that he is drug free. Random drug testing shall be performed in accordance with rules or regulations adopted by the department. B. If an inmate tests positive…
La. Rev. Stat. § 15:1199.2 Legislative findings
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§1199.2. Legislative findings A. The mission of incarceration in the criminal justice system is to enhance public safety through the safe and secure incarceration of offenders, effective probation and parole supervision, and proven rehabilitative strategies that successfully rein…
La. Rev. Stat. § 15:1199.21 Short title
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§1199.21. Short title This Part may be referred to and may be cited as the "Post-Conviction Veterans Mentor Program". Acts 2018, No. 273, §1.
La. Rev. Stat. § 15:1199.22 Purpose; authorization of Post-Conviction Veterans Mentor Program
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§1199.22. Purpose; authorization of Post-Conviction Veterans Mentor Program A. The Legislature of Louisiana recognizes that there is a critical need for criminal justice system programs to assist veterans in order to reduce the incidence of recidivism. As with the Veterans Court …
La. Rev. Stat. § 15:1199.23 Definitions
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§1199.23. Definitions For the purposes of this Part: (1) "Department" means the Department of Public Safety and Corrections. (2) "Veteran" means an honorably or generally discharged member of the United States Armed Forces or organized militia of the several states and territorie…
La. Rev. Stat. § 15:1199.24 Post-Conviction Veterans Mentor Program for incarcerated veterans; eligibility
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§1199.24. Post-Conviction Veterans Mentor Program for incarcerated veterans; eligibility criteria A. Notwithstanding any other provision of law to the contrary, an offender who is incarcerated shall be eligible for consideration to participate in the Post-Conviction Veterans Ment…
La. Rev. Stat. § 15:1199.25 Mentor program for Veterans Court probation program; job assistance
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§1199.25. Mentor program for Veterans Court probation program; job assistance While participating in the Post-Conviction Veterans Mentor Program, the offender shall serve, upon written approval of the presiding judge, as a mentor in the Veterans Court probation program in the par…
La. Rev. Stat. § 15:1199.26 Transitional facilities
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§1199.26. Transitional facilities A.(1) The Department of Public Safety and Corrections is hereby authorized to create, establish, operate, contract, and maintain transitional facilities for incarcerated veterans identified as veterans of the United States Armed Forces. The facil…
La. Rev. Stat. § 15:1199.3 Definitions
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§1199.3. Definitions As used in this Part, the following words have the following meanings: (1) "Certification" means a certificate or certification received from an industry recognized organization or a Work Ready Certificate from Louisiana Works or a competency certification de…
La. Rev. Stat. § 15:1199.4 Reentry Advisory Council; creation; members; powers and duties
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§1199.4. Reentry Advisory Council; creation; members; powers and duties A. The Reentry Advisory Council is hereby created within the Department of Public Safety and Corrections. B. The council shall be domiciled in East Baton Rouge Parish. C. The council shall be comprised of twe…
La. Rev. Stat. § 15:1199.5 Administration of program; purposes
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§1199.5. Administration of program; purposes A. The secretary shall administer the provisions of this Part. B. The department shall operate the inmate rehabilitation and workforce development program for the following purposes: (1) To provide inmates with employment skills, job t…
La. Rev. Stat. § 15:1199.6 Adoption of regulations
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§1199.6. Adoption of regulations A.(1) The secretary, with the advice of the council, shall adopt regulations necessary to implement the provisions of this Part. (2) In order to efficiently implement the provisions of this Part, if the secretary has previously adopted rules or re…
La. Rev. Stat. § 15:1199.7 Inmate eligibility for program; prohibitions
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§1199.7. Inmate eligibility for program; prohibitions A. An inmate may be eligible for participation in the program if the inmate is not prohibited from participation pursuant to the provisions of Subsection C of this Section, and otherwise meets the eligibility requirements for …
La. Rev. Stat. § 15:1199.8 Eligible inmate selection and participation in program
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§1199.8. Eligible inmate selection and participation in program A. An inmate who is eligible to participate in the program as provided for in R.S. 15:1199.7 may be considered for participation in the program if all of the following occur: (1) The staff at the adult reception and …
La. Rev. Stat. § 15:1199.9 Workforce development work release for participants and graduates of program administered by the department
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§1199.9. Workforce development work release for participants and graduates of program administered by the department A. Workforce development work release shall be for inmates who are eligible for work release as provided for in R.S. 15:1199.7. Eligible participants shall produce…
La. Rev. Stat. § 15:1201 Louisiana Commission on Law Enforcement and Administration of Criminal Justice
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§1201. Louisiana Commission on Law Enforcement and Administration of Criminal Justice The Louisiana Commission on Law Enforcement and Administration of Criminal Justice is hereby created and established. Added by Acts 1976, No. 592, §1.
La. Rev. Stat. § 15:1202 Composition of commission
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§1202. Composition of commission A. The commission shall consist of fifty-nine members as follows: (1) The chairman of the Senate Committee on Judiciary C or his designee. (2) The chairman of the House Committee on the Administration of Criminal Justice or his designee. (3) The s…
La. Rev. Stat. § 15:1203 Officers; meetings
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§1203. Officers; meetings A. The commission shall elect a chairman and vice chairman from the commission members for four-year terms. The chairman shall be the chief executive officer of the commission. The vice chairman shall function as the chief executive officer of the commis…
La. Rev. Stat. § 15:1204 Functions
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§1204. Functions The functions of the commission shall be to: (1) Bring together those persons most familiar with problems of law enforcement and the administration of criminal justice, including the disposition and treatment of persons convicted of crime, for the purpose of stud…
La. Rev. Stat. § 15:1204.1 Correctional coordination; duties of agency
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§1204.1. Correctional coordination; duties of agency A. The commission shall serve as the central coordinating agency for adult and juvenile correctional systems, in conjunction with the Department of Public Safety and Corrections, youth services of the Department of Public Safet…
La. Rev. Stat. § 15:1204.2 Creation of system; functions; powers; duties
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§1204.2. Creation of system; functions; powers; duties A. There is hereby created within the Louisiana Commission on Law Enforcement and the Administration of Criminal Justice, hereinafter referred to as the "commission", a Louisiana Uniform Crime Reporting System, hereinafter re…
La. Rev. Stat. § 15:1204.3 Report to the system; duties of persons and agencies
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§1204.3. Report to the system; duties of persons and agencies All law enforcement agencies, correctional agencies and institutions, district attorneys and municipal prosecutors, courts having criminal jurisdiction, or any other public agency dealing with crimes or criminals, when…
La. Rev. Stat. § 15:1204.4 Studies; surveys; report
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§1204.4. Studies; surveys; report A. In the accomplishment of the purposes of this Chapter, the commission may undertake research and studies independently or in cooperation with any public or private agencies, including educational, civic, and research organizations, colleges, u…
La. Rev. Stat. § 15:1204.5 Penalties
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§1204.5. Penalties The commission may impose reasonable administrative sanctions as it deems appropriate against those agencies who fail to comply with the reporting requirements of the Uniform Crime Reporting System. These sanctions include the preclusion of a subject agency's p…
La. Rev. Stat. § 15:1205 State Law Enforcement Planning Agency
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§1205. State Law Enforcement Planning Agency Within the Louisiana Commission on Law Enforcement and Administration of Criminal Justice, there shall be a State Law Enforcement Planning Agency (SLEPA), which shall serve as the staff of the commission. Added by Acts 1976, No. 592, §…
La. Rev. Stat. § 15:1206 Composition of State Law Enforcement Planning Agency
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§1206. Composition of State Law Enforcement Planning Agency A. The governor shall appoint an executive director of the planning agency who shall serve at the pleasure of the governor and who shall be the chief executive officer of the commission staff. He shall take all necessary…
La. Rev. Stat. § 15:1207 Functions of the staff
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§1207. Functions of the staff The functions of the staff of the commission shall include but not be limited to the following: (1) Preparation, development, and revision of comprehensive plans based on an evaluation of law enforcement and criminal justice problems within the state…
La. Rev. Stat. § 15:1208 Office of Peace Officer Standards and Training; program director
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§1208. Office of Peace Officer Standards and Training; program director A. An Office of Peace Officer Standards and Training is hereby created within the Louisiana Commission on Law Enforcement and Administration of Criminal Justice to be administered by a program director. He sh…