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Louisiana Revised Statutes Tit. 15, § 865. Solitary confinement abolished

Current as of January 01, 2023 | Updated by Findlaw Staff

A. Except as provided in Subsections B and C of this Section, no prisoner in the state penitentiary shall be placed in solitary confinement, except in enforcing obedience to the police regulations of the penitentiary.

B. Notwithstanding Subsection A of this Section and except as provided in Subsection C of this Section, no prisoner in any penal or correctional institution who is pregnant, or is less than eight weeks post medical release following a pregnancy, or is caring for a child in a penal or correctional institution shall be placed in solitary confinement.

C. The provisions of this Section prohibiting the placement of prisoners in solitary confinement do not apply under either of the following circumstances:

(1) The prisoner has engaged in an act of violence while incarcerated that either resulted in or was likely to result in serious bodily injury or death to another.

(2) There is reasonable cause to believe that the use of solitary confinement is necessary to reduce a substantial risk of imminent serious bodily injury or death to another, as evidenced by the prisoner's recent conduct while incarcerated.

D. Any prisoner in a penal or correctional institution who is placed into solitary confinement shall be provided access to all educational training and materials or religious materials he would otherwise have access to in the least restrictive housing available at the institution unless the governing authority of the penal or correctional institution, or its designee, determines any of the following:

(1) Access to educational training and materials or religious materials presents a security risk.

(2) Access to educational training and materials or religious materials is not feasible due to the nature of the program, training, or materials.

(3) Circumstances exist pertaining to the reason for the prisoner's placement in solitary confinement that are incongruous with access to educational training and materials or religious materials.

E. For the purposes of this Section, “educational training” means any program offered at that penal or correctional institution, including but not limited to career and technical education, special education, high school equivalency preparation, literacy, adult basic education, developmental studies, higher education degree programs, and any other programs that are or will be offered.

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Cite this article: FindLaw.com - Louisiana Revised Statutes Tit. 15, § 865. Solitary confinement abolished - last updated January 01, 2023 | https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-15-sect-865/

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