Could parish prisoners volunteer to work on private church property or cemeteries?

Plain-English summary

A legislator asked whether prisoners in parish facilities could volunteer for manual labor on church property and at cemeteries. In 2001, the attorney general's office read LSA-R.S. 15:708 to allow voluntary inmate labor on public property and in cemeteries or graveyards, whether public or private. It said the described church stood on private property and inmate work there was prohibited by the statute.

The opinion also discussed possible liability when a sheriff supervises inmate work. It identified a duty of reasonable care in equipping, training, and supervising inmate workers and described possible sheriff and parish exposure if that duty was breached. Its conclusion depended on the distinction between cemetery property and other private church property.

Currency note

This opinion was issued in 2001. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Sheriffs and parish officials at the time

The opinion said participating inmates had to volunteer and remain under the sheriff's custody and control. It described possible liability associated with the sheriff's supervision of the work.

Churches and cemetery operators at the time

The office allowed volunteer inmate labor in cemeteries and graveyards even if privately owned. It rejected labor on the private church property described in the request.

Common questions

Q: Could inmates volunteer to work in a private cemetery?
A: Yes. The opinion read the statute to cover cemeteries and graveyards whether public or private.

Q: Could they perform manual labor on private church grounds?
A: The office said no for the private church property described, outside the cemetery exception.

Q: Who retained control of the inmate workers?
A: The quoted statute kept them under the sheriff's custody and control.

Background and statutory framework

LSA-R.S. 15:708, as quoted in the opinion, permitted willing parish prisoners to work on specified public projects and on cemeteries or graveyards. The office applied that text to the legislator's description of private church land and separately discussed custody and supervision liability.

Citations and references

• LSA-R.S. 15:708 (voluntary inmate labor)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0455

Original opinion text

January 17, 2001
OPINION 00-455

Honorable John Smith
State Representative
611-B South 5th Street
Leesville, Louisiana 71446

Dear Representative Smith:

You have requested an opinion from this office concerning the legality under LSA-R.S. 15:708 to utilize prisoners incarcerated in parish correctional facilities to perform manual labor on church property and cemeteries.

LSA-R.S. 15:708 provides in pertinent part:

§708. Labor by prisoners permitted; workday release program.
Whenever a prisoner sentenced to a parish prison of any parish of the state by any court of competent jurisdiction, or a prisoner in a parish prison awaiting transfer to a state correctional facility shall be willing of his own free will to perform manual labor upon any of the public roads, levees, streets, or public buildings, works, or improvements inside or outside of the prison or whenever a prisoner sentenced to the parish prison of any parish of this state, by any court of competent jurisdiction, or a prison in a parish prison awaiting transfer to a state correctional facility shall be willing of his own free will to perform manual labor upon any cemetery or graveyard, the criminal sheriff may set the prisoner to work upon labor determined by the governing authorities of the parishes and the municipal authorities of the towns and cities. The prisoners shall always remain under the custody and control of the sheriff.

As is clearly indicated by the Statute, volunteer inmate labor can be used upon public property, and in cemeteries and graveyards whether public or private. Our telephone conversation confirmed that the church is on private property. Therefore, by the terms of the statute, usage of inmate labor on the church property in question is prohibited.

Page 2

Honorable John Smith
OPINION 00-455
Page 2

Lastly, there is a possibility of increased exposure to liability by the parish and/or sheriff where the inmate labor is performed. The parish would not suffer the same legal duty as custodian, nonetheless, it would be solidarily obligated as members of a joint venture with the sheriff. The sheriff is potentially liable as the custodian and work supervisor of work release inmates. This imposes a duty of reasonable care in equipping, training and supervising of these inmates for their intended work tasks and activities. The sheriff may be liable for the harm caused third parties by the inmate workers if the proximate cause of that harm is the sheriff’s failure to use due and reasonable care in equipping, training and supervising. The same liability exists for harm caused any citizen by an escaping inmate.

Trusting this opinion sufficiently answers your inquiry, I remain

Yours very truly,

RICHARD P. IEYOUB
ATTORNEY GENERAL

__________
ANN EVANS WALL
Assistant Attorney General

RPI/AEW;dsc

Page 3

OPINION 00-455

LSA-R.S. 15:708 Inmate Labor.

We conclude voluntary inmate labor can be performed upon cemetery property; however, manual labor upon private property is prohibited.

Honorable John Smith
State Representative
611-B South 5th Street
Leesville, Louisiana 71446

Date Received:
Date Released: January 17, 2001

ANN EVANS WALL
Assistant Attorney General