2006 Louisiana Laws - RS 15:1135 — Work release program

§1135.  Work release program

A.  Except as otherwise provided in this Section, all inmates of a community rehabilitation center operated by the Department of Public Safety and Corrections shall be eligible to participate in the work release program provided for by R.S. 15:1111; provided however, that in no case shall inmates participating in such work release program be authorized or permitted to work or to continue working on a project or job involved in a labor dispute.

B.  In those instances where a community rehabilitation center is not operated and maintained by the Louisiana Department of Public Safety and Corrections, the agency or organization administering such facility shall maintain a work release program to be administered as follows:

(1)  Failure to report to or from the planned employment shall be considered an escape under the provisions of R.S. 14:110.  Work release privileges may include 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.

(2)  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 of Public Safety and Corrections, excepting that this liability may be waived if the inmate is enrolled full time in a university, college, technical, vocational, or trade school or in sheltered workshops or training programs designed to improve the skills and abilities of the inmate.

(3)  The wages of any inmate so employed shall be collected by the agency or organization operating the community rehabilitation center and deposited in a public banking institution and it shall keep a ledger showing the financial status of each inmate on the program, subject to the approval of the director of corrections.

(4)  The wages of any such inmate shall be disbursed for the following purposes and in the order stated, subject to the approval of the director of corrections:

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

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

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

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

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

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

(6)  In no case shall inmates participating in such program be authorized or permitted to work or to continue working on a project or job involved in a labor dispute.

C.  Deductions for room, board and other administrative costs resulting from participation in a work release program authorized by this section shall not exceed fifty percentum of the wages received by an inmate.

D.(1)  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 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.

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

Added by Acts 1970, No. 441, §1.  Amended by Acts 1978, No. 510, §1; Acts 1985, No. 786, §1; Acts 2006, No. 173, §1.