2006 Louisiana Laws - RS 15:1111 — Work release program

PART XII.  WORK RELEASE PROGRAM

§1111.  Work release program

A.  The Louisiana Department of Institutions is hereby authorized to establish and administer a work release program for inmates of any institution under the jurisdiction of the department.

B.  The department shall establish rules for the administration of the work release program and shall determine those inmates who may participate in the release program.  Any convict sentenced to imprisonment at hard labor shall be eligible at any time during his sentence to participate in the work release program, subject to the provisions of this Part.  If any inmate violates the conditions prescribed by the department, his work release privileges may be withdrawn.  Failure to report to or return from the planned employment shall be considered an escape under the provisions of R.S. 14:110.  The department may approve as work release privileges, placement in universities, colleges, technical, vocational or trade schools or in sheltered workshops or in training programs designed to improve the skills and abilities of the inmate.

C.  The department shall designate and adapt facilities for the purpose of quartering inmates with work release privileges or it may arrange and contract for other facilities, including but not limited to portions of parish jails for inmates employed in the area.  No inmate shall be granted work release privileges until:  (1) such suitable quarters have been provided in the area of accepted or preferred employment, or educational or training placement, and (2) a position of employment or educational or training placement is available for the inmate.

D.  Every inmate with work release privileges shall be liable for the cost of his room, board, clothing and other necessary expenses incident to his employment or placement unless other means of payment are approved by the department.

E.  The wages of any inmate so employed shall be collected by the director of institutions or by his designated agent, and the director shall deposit the same in a public banking institution and keep a ledger showing the financial status of each inmate on the program.

F.  The wages of any such inmate shall be disbursed by the department for the following purposes and in the order stated:

(1)  The board of the inmate including food and clothing;

(2)  Necessary travel expense to and from work and other incidental expenses of the inmate;

(3)  Support of the inmate's dependents, if any;

(4)  Payment, either in full or ratably of the inmate's obligations acknowledged by him in writing, or which have been reduced to judgment;

(5)  The balance if any, to the inmate upon his discharge.

G.  The wages of an inmate so employed shall be not less than the customary wages for an employee performing similar services.

H.  No provision of this Act shall be construed to repeal the provisions of R.S. 15:855.1 or of R.S. 15:855.2.

I.(1)  Notwithstanding the provisions of Subsection B above or any other law to the contrary, any inmate who has been convicted of first degree murder (R.S. 14:30), second degree murder (R.S. 14:30.1), aggravated rape (R.S. 14:42), attempted aggravated rape (R.S. 14:27 and 42), forcible rape (R.S. 14:42.1), aggravated kidnapping (R.S. 14:44), aggravated arson (R.S. 14:51), armed robbery (R.S. 14:64), attempted murder (R.S. 14:27 and 29), attempted armed robbery (R.S. 14:27 and 64), producing, manufacturing, distributing, or dispensing or possession with intent to produce, manufacture, distribute, or dispense a controlled dangerous substance classified in Schedule I or Schedule II of R.S. 40:964, and persons sentenced as habitual offenders under R.S. 15:529.1 shall be prohibited from participation in the work release program except during the last six months of their terms.

(2)  Notwithstanding Paragraph (1) of this Subsection, no inmate convicted of distribution or possession with intent to distribute cocaine where the offense of conviction involves less than twenty-eight grams of cocaine or any person convicted of distribution or possession with intent to distribute marijuana where the offense of conviction involves less than one pound of marijuana shall be prohibited from participation in the work release program.

J.  No inmate employed in the work release program shall be employed in a position which would necessitate his departure from the state.

K.  The Department of Corrections shall compile statistical data on the incidence of work release violations by participating inmates.  Violations shall include the commission of new offenses as well as any transgressions that result in disciplinary action or removal from the program.  The data shall indicate the nature of the incident, the age of the offender, his original offense, the length of his sentence, his prior criminal record, and any other characteristic found to be predictive of success or failure.  This information shall be used by the department to guide it in formulating program policies and eligibility standards and shall be available to the legislature upon request.

Added by Acts 1968, No. 187, §§1, 3.  Amended by Acts 1970, No. 444, §1; Acts 1978, No. 337, §2; Acts 1978, No. 510, §1; Acts 1985, No. 786, §1; Acts 2003, No. 634, §1; Acts 2006, No. 173, §1.