Louisiana Revised Statutes 28:105 – A. For purposes of this Section, the following definitions relative to extradition of escaped patients apply:
Terms Used In Louisiana Revised Statutes 28:105
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Court: means any duly constituted district court or court having family or juvenile jurisdiction. See Louisiana Revised Statutes 28:2
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Patient: means any person detained and taken care of as a person who has a mental illness or person who is suffering from a substance-related or addictive disorder. See Louisiana Revised Statutes 28:2
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
A. For purposes of this Section, the following definitions relative to extradition of escaped patients apply:
(1) “Executive authority” means the governor of a state or other executive of a territory, district, or insular or other possession of the United States, or his appointed designee.
(2) “Flight” and “fled” shall mean any departure from the jurisdiction of the court where the proceedings provided for in this Section may have been instituted and are still pending, with the effect of avoiding, impeding, or delaying the action of the court in which such proceedings may have been instituted or be pending.
(3) “State” shall include any state, territory, district, and insular and other possession of the United States.
B.(1) Whenever the executive authority of any state other than Louisiana demands the return of an escaped nonresident patient and produces a certified copy of the decree or other judicial process and proceedings for involuntary commitment with an affidavit showing the person to be an escapee, it shall be the duty of the executive authority of Louisiana to apprehend and secure the escapee.
(2) The executive authority of Louisiana shall give immediate notice of the apprehension of the escapee to the executive authority making such demand, or to the agent of the authority appointed to receive the escapee, and shall cause the escapee to be delivered to such agent. If no agent appears within forty days from the time of apprehension, the escapee may be discharged.
C. All costs and expenses incurred in apprehending, securing, maintaining, and transmitting the escapee shall be paid by the state making the demand for the return of the escapee. Any agent so appointed who receives the escapee into his custody shall be empowered to transmit him to the state from which he has fled.
Amended by Acts 2017, No. 369, §2.