Louisiana Revised Statutes 15:709 – Prisoners convicted in other states and housed in Louisiana
Terms Used In Louisiana Revised Statutes 15:709
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
A. Except as provided by Part II-A of this Chapter, a prisoner convicted and sentenced to incarceration by a court in another state shall not be housed for the commission of that offense in a state correctional facility in Louisiana; however, nothing in this Section shall be construed to limit the prosecution, sentencing, or incarceration of any person for the commission of a criminal offense in the state of Louisiana.
B. Except as provided in La. Rev. Stat. 15:774, a prisoner convicted and sentenced to incarceration by a court in another state who is housed in a local jail or private correctional facility in Louisiana shall not be released in this state. Any prisoner housed in a local jail or private correctional facility shall be returned to an appropriate correctional facility located within the state where he was convicted and sentenced for release in that state.
C. Except as provided by Part II-A of this Chapter, a prisoner convicted and sentenced by another state shall not be housed in a local jail or private correctional facility if the prisoner would be classified as maximum custody by the Department of Public Safety and Corrections classification procedure.
D. Except as provided by Part II-A of this Chapter, the state where the prisoner was convicted and sentenced shall be responsible for the costs associated with returning the prisoner to that state.
E. The provisions of this Section shall not apply to any prisoner kept in custody under the authority of the United States or held under the jurisdiction of the United States.
F. For the purposes of this Section:
(1) “Local jail” means a correctional facility operated by a political subdivision of the state or defined by law as a political corporation.
(2) “Private correctional facility” means a correctional facility operated by a private entity.
(3) “State correctional facility” means a correctional facility owned and operated by the state of Louisiana or the Louisiana Correctional Facilities Corporation housing prisoners committed to the custody of the Department of Public Safety and Corrections.
Acts 2002, 1st Ex. Sess., No. 74, §1; Acts 2010, No. 222, §1; Acts 2018, No. 440, §1.