organization for the prisons and a framework within which the offender population can expect the disciplinary system to function. All offenders sentenced to the custody of the Department of Public Safety and Corrections, regardless of their housing facility, shall be placed on notice as to the requirements of the Disciplinary Rules and Procedures for Adult Offenders by providing each offender with a copy of the rules and obtaining a signed receipt.
B.The secretary of the Department of Public Safety and Corrections has sole authority to change these rules, regulations and procedures. Utilization of these procedures does not constitute the granting of any enforceable or vested right or privilege to any offender.
C.There are certain classifications or other actions which may be taken that affect an offender's custody status, job classification, housing assignment, institutional assignment and/or ability to participate in institutional programs or activities for which an offender may expect change during the course of his incarceration. Such changes may result from classification decision-making to promote institutional security or other legitimate institutional goals, or the imposition of disciplinary penalties. Such changes may not be disciplinary penalties in and of themselves. These and any similar changes which result from the action of other department regulations and institutional policies are not considered penalties in the context of the disciplinary process.
D.In the event of a genuine emergency, such as a serious disturbance disrupting normal operations or a natural disaster, the secretary or designee may suspend any and all disciplinary rules and procedures for the duration of the emergency. Full hearings must be held within a reasonable time after the end of the emergency for those offenders who were subject to the disciplinary sanction of forfeiture of good time.
AUTHORITY NOTE:Promulgated in accordance with R.S. 15:823, Wolff v. McDonnell, 94 S.Ct. 2963 (1974), Ralph v. Dees, C.A. 71-94, USDC (Md. La.) and Sandin v. Conner, 115 S.Ct. 2293 (1995).
HISTORICAL NOTE:Promulgated by the Department of Corrections, Office of Adult Services, LR 27:414 (March 2001), amended by the Department of Pubic Safety and Corrections, Corrections Services, LR 34:2194 (October 2008).
Administrative Segregation—a temporary holding area, preferably a cell, where an offender is housed when the offender's continued presence in the general population poses a threat to life, property, self, staff, other offenders, the security or orderly running of the institution or the offender is the subject of an investigation. In addition, offenders who are pending transfer to another institution or pending assignment or re-assignment within an institution may be held in "administrative segregation." (Refer to the Section on "Disciplinary Procedures—Administrative Segregation Guidelines".)
Appeal—a request by an offender for review of a disciplinary decision. (Refer to the Section on "Appeals".)
Attempt—when an offender has intent to violate any disciplinary rule, whether or not he actually takes a position, step or action toward violating the rule or is successful in violating the rule.
Classification—a process for determining the needs and requirements of those for whom confinement has been
ordered and for assigning them to housing units, work assignments and programs according to their needs and existing resources. Classification actions, even if resulting from an incident handled in the disciplinary process, are not disciplinary sanctions.
Confidential Informant—person whose identity is not revealed to the accused offender but who provides an employee(s) with information concerning misbehavior or planned misbehavior.
Conspiracy—two or more persons working in combination for the specific purpose of violating any disciplinary rule.
Counsel and Counsel Substitutes—counsel is an attorney-at-law of the offender's choice who has been retained by the offender or offender's family for the purpose of representing the offender. Counsel substitutes are persons not admitted to the practice of law, but offenders who aid and assist, without cost or fee, an accused offender in the preparation and presentation of his defense and/or appeal. Counsel substitutes are only those offenders appointed by the warden or designee and may have diminished rights in the judicial system. (Refer to the Section on "Disciplinary Procedures—Counsel Substitutes".)
Custody—the type of housing and the level of supervision required for an offender. Custody assignments will reflect public safety as the first priority, staff and offender safety within the institution as the second priority and then institutional or offender need.
Disciplinary Detention—a punitive holding area where offenders are temporarily confined in a restricted situation after being so sentenced by the disciplinary board. (Refer to the Section on “Disciplinary Procedures—Disciplinary Detention”.)
Disciplinary Detention/Extended Lockdown—a maximum security area for confining offenders. (Refer to the Section on "Disciplinary Procedures—Disciplinary Detention/Extended Lockdown".)
Disciplinary Report—a report on the approved form filed by an employee who has reason to believe that an offender(s) has violated one or more disciplinary rules. The disciplinary officer/disciplinary board may hear the disciplinary report; however, the party hearing the disciplinary report cannot have initiated the report.
Extra Duty—work to be performed in addition to an offender's regular job assignment as specified by the proper institutional authority. This work is performed without the benefit of incentive wages, if applicable.
Hearings—a fair and impartial review conducted by the disciplinary officer/disciplinary board.
Incentive Pay—compensation paid to an offender in the physical custody of the department and who is eligible to receive incentive wages and who has performed satisfactory work in the compensation grade in which he has been classified, unless he opts to receive good time in lieu of incentive wages in accordance with R.S. 15:571.3. See Department Regulation No. B-09-001 “Offender Incentive Pay and Other Wage Compensation” for additional information.
Investigation Report—a report submitted for disposition to the disciplinary board detailing the facts uncovered in an investigation.
Louisiana Register Vol. 34, No. 10 October 20, 2008