Abstract: Provides relative to the duties of the clerk of court, the sheriff, and the Dept. of Public
Safety and Corrections with respect to certain post-sentence documents and procedures, and
provides relative to the department's liability under certain circumstances in this regard.
Present law requires the sheriff to prepare a statement indicating the amount of time a defendant has
spent in custody prior to conviction when the defendant has been convicted of a felony and is
committed to the Dept. of Public Safety and Corrections, has been convicted of a misdemeanor and
sentenced for a term of one year or more to any penal institution, or has been ordered committed to
any mental institution or mental hospital.
Present law also provides that when a sheriff's statement is required pursuant to present law, the clerk
of court shall also prepare the following documents:
(1) A copy of the indictment under which the defendant was convicted.
(2) A copy of the Uniform Sentencing Commitment Order in the format authorized by the La.
Supreme Court.
Present law provides that the clerk shall retain a copy of the statement and documents and send the
original to the sheriff of the parish to which the defendant has been sentenced, where they shall be
preserved.
Proposed law retains present law, but requires the original to be sent to the sheriff no later than 15
days after the date of sentencing absent extraordinary circumstances.
Present law provides that all statements and documents required by present law shall physically
accompany any defendant when the defendant is transferred to a penal institution or a mental
institution or mental hospital and shall be tendered to the officer in charge of the institution at the
time that the defendant is presented for admittance.
Proposed law removes the requirement that the statement and documents accompany the defendant
when the defendant is transferred, and amends present law to provide that the statements and
documents shall be tendered to the officer in charge of the institution upon admittance or no later
than 30 days after the date of sentencing or order of commitment, absent extraordinary
circumstances.
Proposed law adds that if on the date of sentencing the defendant is awarded credit for the time
served in custody prior to conviction and the defendant is immediately eligible for release pursuant
to diminution of sentence or full-term completion of the sentence, the Dept. of Public Safety and
Corrections shall have no less than 15 days from the date of receipt of all documents, required for
admission and release processing, from the sheriff of the parish in which the conviction occurred,
to release the defendant. In such cases, proposed law provides that the department shall not be held
liable for the detention of the defendant past the defendant's release date.
(Amends C.Cr.P. Art. 892(B)(2) and (C); Adds C.Cr.P. Art. 892(E))