This bill proposes amendments to the procedures for the delivery of a mittimus, which is the court order for the commitment of a person to prison, in a criminal case. The language changes include replacing the term "convict" with "person" and removing the phrase "at hard labor." It also specifies that the court shall order the sheriff to provide safe and secure transport of the person to the state department of corrections' custody at the appropriate receiving facility, under the authority of the commissioner of corrections. These changes modernize the language and clarify the responsibilities for the transportation and delivery of individuals sentenced to confinement.
Additionally, the bill updates the process by which the mittimus is delivered to the commissioner of corrections or their designee and the arresting municipality, allowing for electronic delivery. It removes the requirement for the sheriff to make a return of service to the court and instead mandates that the department of corrections examine the order to ensure its authenticity and confirm the legal authority to confine the person. The act is set to take effect on January 1, 2025.
Statutes affected: Introduced: 622:8, 622:9
Version adopted by both bodies: 622:8, 622:9
CHAPTERED FINAL VERSION: 622:8, 622:9