HB 458 (Louisiana 2026) – Corrections/Prisoners: Work Release Programs
Overview
- Purpose: To amend and reenact provisions governing inmate participation in work release programs, clarifying costs, wage disbursement, and eligibility, with a focus on how wages are earned, used, and retained.
Key Provisions and Changes
- Establishment and purpose of work release programs
- Reiterates authority for sheriff (parishes) or correctional facility superintendents to establish and administer work release programs for inmates under their jurisdiction.
- Programs aim to aid transition from confinement to release, help inmates re-enter society, build work history and skills, and enable financial savings and education.
Participant eligibility and management
- Sheriffs must establish written rules and determine which inmates may participate, consistent with sentence terms.
- Inmates in Department of Corrections custody remain subject to department standards; written approval by the secretary is required for those inmates to participate.
Costs and charges (new framework)
- Changes the cost structure from “costs for room, board, clothing, and other necessities” to a framework allowing a reasonable assessment for room and board only, subject to limits.
- Cap on room and board assessment: not to exceed 33% of the inmate’s gross wages earned through the work release program.
- Prohibits additional per diem or related charges beyond the 33% cap.
Wage collection and disbursement (revised order)
- Wages are collected by the sheriff or their designee and deposited in a public bank with a ledger for each inmate.
- Disbursement order (amended):
1) Replaces “board” expenses with an assessment for room and board, capped at 33% of gross wages.
2) Use funds for necessary travel to/from work and other documented employment-related expenses.
3) Pay any court-ordered restitution or other legally recognized obligations from funds (instead of other prior uses).
4) Any remaining balance at discharge is paid to the inmate, with regular disbursement and no withholding beyond what the statute allows.
- After disbursements, the inmate retains the remaining wages; no additional per diem, administrative fee, or supplemental housing charge beyond the 33% cap.
Wages and employment terms
- Wages for inmates in work release cannot be less than the customary wage for similar work.
- Some specific eligibility adjustments:
- Certain inmates convicted of violent offenses or habitual offender status may be eligible for work release in the last six to twelve months of their term, with thresholds: e.g., offenses listed include forcible/second-degree rape, aggravated arson, armed robbery, attempted murder/armed robbery, and certain drug offenses.
- Eligibility for some offenders may extend to the last six months (minimum service periods apply), with a general framework allowing participation during the final phase of sentencing, under conditions.
Geographic and scope limits
- No inmate employed in work release may be placed in positions requiring departure from Louisiana, except for work with industries off the coast of Louisiana.
Impact and Implications
- Inmates participate in work release programs under clarified financial rules, with a cap on room/board costs (33% of wages) and a simplified, single disbursement framework for wage use.
- Inmates’ net earnings may be retained at discharge, subject to the 33% limit and approved expenses.
- The bill shifts the focus toward more straightforward wage management and reduction of additional charges, potentially increasing funds available to inmates for savings or restitution and dependents, while ensuring accountability through wage ledgers.
- Eligibility expansions for certain high-risk offenses to participate earlier in the term could affect the inmate population eligible for work release.
Procedural Timeline
- Prefiled and referred to the House Administration of Criminal Justice (Feb 2026)
- Reported favorably by the committee (Apr 2026)
- Passed by the House (title read, engrossed, third-reading stage noted in April 2026)
Sponsor
- Primary: Representative Knox
- Co-sponsor: Alonzo Knox
Note: The bill retains present law in some respects but introduces a consolidated framework for costs, wage disbursements, and eligibility related to work release programs. It references amendments to R.S. 15:711.