Louisiana § RS 33:84 - Duties; immigration detainers

§ RS 33:84. Duties; immigration detainers

            A. A law enforcement agency that has custody of a detainee subject to an immigration detainer issued by a federal immigration agency shall perform all of the following:

            (1) Provide to the judge authorized to grant or deny the detainee's release on bail notice that the detainee is subject to an immigration detainer.

            (2) Record in the detainee's case file that the detainee is subject to an immigration detainer and comply with the requests made in the immigration detainer.

            B. A law enforcement agency shall not be required to perform a duty imposed by this Section with respect to a detainee who is transferred to the custody of the agency by another law enforcement agency if the transferring agency performed that duty prior to the transfer.

            C. A judge who receives notice that a detainee is subject to an immigration detainer shall cause the fact to be recorded in the minute entry, regardless of whether the notice is received before or after a judgment in the case.

            D. Each parish correctional facility shall enter into an agreement or agreements with a federal immigration agency for temporarily housing detainees who are the subject of immigration detainers and for the payment of the costs of housing and detaining those detainees. A compliant agreement may include any contract between a correctional facility and a federal immigration agency for housing or detaining detainees subject to immigration detainers, such as basic ordering agreements in effect on or after July 1, 2019, agreements authorized by 8 U.S.C. 1357, or successor agreements and other similar agreements authorized by federal law.

            Acts 2024, No. 314, §1, eff. May 28, 2024.