Louisiana's Law on Breach of
Prison/Breaking in Prison and Punishments
The thrill and popularity of prison break in our culture have in some ways romanticized the notion. Prison break is not a joke. If criminals and other serious offenders escape back into the city streets, it will get dangerous for everyone. If you have seen Christopher Nolan’s masterpiece The Dark Knight Rises then you already know why a super-villain like Bane would like to release all the prisoners onto the city of Gotham.
The prisoners are kept in a correctional facility for a reason. The news of a serial killer, rapist, or sexual offender roaming free is never good news for anyone. Let us first understand what entails as prison break to understand the laws against it better.
What is a prison break?
Prison break is synonymous to prison breach, bust out, breakout, or prison escape. It is the act of a captive or detainee leaving the prison premises in an illegal or unofficial way. Generally, as soon as the authorities get to know about this escape they try to find and recapture the prisoner. A prison breach in most cases ends up adding more time to the inmate’s prison sentence.
Prison break in some countries is considered a criminal offense that is punishable by law. The United States of America and Russia are two such countries where prison break is dealt with as a criminal offense. Though there are a few countries in the world who thinks if prisoners try to escape they are acting on a basic human instinct to get liberty which cannot be held as a criminal offense. The degree of punishment depends on whether aggravating factors like violence was used.
Laws against prison break in Louisiana
The state of Louisiana separates prison breach into two categories. The first is a Simple Escape and the second Aggravated EscapeSimple Escape may mean the following:
- When the inmate intentionally escapes from lawful custody, where he is legally confined without endangering human life.
- When the criminal fails to return from his planned employment or other activity within his allocated time
- When the prisoner fails to return to his legal place of confinement after he had been granted a furlough under R.S. 15:833
- A person who commits a simple escape will get a prison sentence without hard labor for at least two years and a maximum of five years.
- When a person escapes intentionally from the legal custody of an officer or from a place where he is legally confined.
- Whoever ever commits aggravated escape will henceforth be considered hard labor for a minimum of five years and a maximum of ten years.
A person who is legally confined in a rehabilitation facility, a work release program or any other such type of program under a law enforcement officer or the Department of Public Safety shall be considered as lawful custody. That means to escape from here will also be punishable by law. The prison facilities might include but are not limited to parish jails, rehabilitation centers, clinics, hospitals, correctional centers and any and all other places where the prisoner is confined under legal control and jurisdiction of the state.
Ways of prevention
Numerous security measures are in place to make sure that prisoners do not get to escape. The security level of each individual institution determines the level of security placed.
Some preventive measures used in jails may include motion sensors, barred windows, CCTV, high walls, barbed wire, and electric fencing.