2020 Louisiana Laws
Revised Statutes
Title 15 - Criminal Procedure
§905. Rules and regulations; education; training and discipline, work opportunities, vocational training, contracts and agreements
RS 905 - Rules and regulations; education; training and discipline, work opportunities, vocational training, contracts and agreements
A. Except as otherwise provided in laws and rules concerning oversight, accountability, and quality control of educational services delivered in state juvenile justice facilities, the Department of Public Safety and Corrections, office of juvenile justice, shall have full control of all juvenile institutions, facilities, and programs under its administration and the affairs of such institutions, facilities, and programs and shall adopt all rules and regulations which it deems essential to the proper conduct of these institutions, facilities, and programs. All children in these juvenile institutions, facilities, and programs shall receive appropriate treatment, training, and education commensurate with their needs and abilities. In addition, the Department of Public Safety and Corrections, office of juvenile justice, may establish arts-based programming in these juvenile institutions, facilities, and programs which may include but is not limited to performing arts, visual arts, and other arts activities that enhance youth development. For the purposes of funding the arts-based programming, the deputy secretary of the office of juvenile justice is authorized to receive, by appropriation, gift, grant, donation, or otherwise, any sum of money, aid, or assistance from any person, firm, or corporation or from the United States, its agencies, the state of Louisiana, or any political subdivision of the state. The department may enter into contracts or cooperative agreements to fulfill its obligations to accomplish its goals in the most efficient manner possible.
B. Notwithstanding any other provision of law to the contrary, except as otherwise provided in laws and rules concerning oversight, accountability, and quality control of educational services delivered in state juvenile justice facilities, the deputy secretary for youth services shall establish all rules and regulations for the placement, care, and treatment of a juvenile in the custody of the office of juvenile justice. Such rules and regulations shall include:
(1) Provisions for reasonable access to each child in the custody of the office of juvenile justice for defense counsel and for adequate and confidential meeting space in each juvenile facility for defense counsel and children they represent.
(2) Provisions for direct, confidential, and readily accessible telephone or audio-visual connections between each child in the custody of the office of juvenile justice and their defense counsel. Telephones and audio or visual connections to counsel shall be available, by reasonable request on a daily basis, to each child in the custody of the office of juvenile justice at no cost to the child or their family.
(3) For the purposes of this Subsection:
(a) A child is deemed "in the custody of the office of juvenile justice" if he is judicially committed to the Department of Public Safety and Corrections, youth services, office of juvenile justice, regardless of where the child is physically held, including but not limited to state-run secure facilities, state-run non-secure facilities, contracted facilities, and detention centers.
(b) A "juvenile facility" is any facility in which a child judicially committed to the office of juvenile justice is placed, whether the facility is run directly by the state or contracted by any agency of the state.
C. Except as otherwise provided in laws and rules concerning oversight, accountability, and quality control of educational services delivered in state juvenile justice facilities, the deputy secretary for youth services shall have the sole authority to establish the programmatic standards for juveniles assigned to the custody of the office of juvenile justice.
D. Notwithstanding any other provisions of law to the contrary, the office of juvenile justice may enter into contracts or cooperative agreements in order to provide employment and vocational training for juveniles in the custody of the office of juvenile justice as part of the treatment plan for the juvenile. The deputy secretary for youth services shall establish all rules and regulations necessary for the operation of such programs consistent with the mission of the office of juvenile justice to protect public safety and to provide opportunities for the rehabilitation of juvenile offenders.
E. Juveniles may be compensated, in accordance with the youth development policy at rates fixed by the deputy secretary, for work performed, including facility maintenance, attendance at training programs, and any other attendance, participation, or work deemed appropriate by the deputy secretary.
Acts 1970, No. 353, §1; Acts 1988, No. 609, §1; Acts 2006, No. 152, §1; Acts 2008, No. 565, §1; Acts 2016, No. 500, §2; Acts 2016, No. 617, §2; Acts 2019, No. 395, §2.
