2006 Louisiana Laws - RS 15:711 — Work release program

§711.  Work release program

A.  The sheriff of each parish, and in Orleans Parish, the criminal sheriff, is hereby authorized to establish and administer a work release program for inmates of any jail or prison under his jurisdiction.  In the event that the inmate is confined to a parish correctional facility not operated by the sheriff, then the superintendent of the correctional facility is hereby authorized to establish and administer a work release program for inmates of the correctional facility under his jurisdiction, and where the word sheriff is used herein it shall also mean superintendent of the correctional facility wherein the inmate is confined.

B.  Each sheriff shall establish written rules for the administration of the work release program and shall determine those inmates who may participate in the release program, except that no inmate may participate in the program if his sentence so stipulates.  Inmates sentenced to the Department of Corrections who are in the custody of the sheriff shall not be eligible for work release unless such inmates are in compliance with standards for work release within the department and written approval of the secretary of the department is obtained.  If any inmate violates the conditions prescribed by the sheriff, his work release privileges may be withdrawn.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 sheriff 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.  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.

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

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

(1)  The board of the inmate including food, clothing, medical, and dental expenses;

(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.

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

G.(1)  Notwithstanding the provisions of Subsection B above or any other law to the contrary, any inmate who has been convicted for 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 a 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.

H.  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 1968, No. 188, §1.  Amended by Acts 1978, No. 440, §1; Acts 1978, No. 510, §1; Acts 1979, No. 720, §1, eff. July 20, 1979; Acts 1985, No. 786, §1; Acts 1989, No. 402, §1; Acts 2006, No. 173, §1.