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Maximum Custody—assignment of an offender based upon the need to protect the offender, other offenders, the public, staff or the institution. This includes temporary assignment to administrative segregation or assignment to disciplinary detention/extended lockdown, working cellblocks and maximum custody dormitory, and may include protective custody/extended lockdown. Movements inside the secure perimeter of a facility by maximum custody offenders are closely monitored by staff and may include the utilization of restraints in accordance with written institutional procedure. Movement outside of a secure perimeter is accomplished only under armed supervision or when appropriately restrained or otherwise secured and appropriately supervised.

Medium Custody—assignment of an offender to a general population dormitory housing area. Movement outside of a secure perimeter is accomplished only under armed supervision or when appropriately restrained or otherwise secured and appropriately supervised. Written institutional procedure governs internal movement controls.

Minimum Custody—assignment of an offender to a general population dormitory housing area. Movement outside of a secure perimeter is usually authorized without armed supervision or restraint. Written institutional procedure governs the level of staff supervision when outside the secure perimeter, as well as during internal movements.

Posted Policy—policy memorandums detailing what behavior is required or forbidden of offenders and generally reflecting the individual needs of the facility. Posted policies must be distributed and posted in such a manner that offenders are placed on notice as to what behavior is required or forbidden and that sanctions may be imposed should the policy be violated. See Department Regulation No. C-01-006 “Institutional Policies/Procedures and Offender Posted Policies” for additional information.

Prison Rape Elimination Act of 2003 ("PREA")—a federal law enacted to establish a zero-tolerance standard for the incidence of rape concerning offenders sentenced to the custody of the department. (Refer to the Section on Disciplinary Rules, Rule No. 21 and Department Regulation No. C-01-022 “Sexual Assault and Sexual Misconduct” for additional information.)

Protective Custody/Extended Lockdown—a classification utilized when an offender has a verifiable need for protection. (Refer to the Section on "Disciplinary Procedures—Protective Custody/Extended Lockdown”.)

Sanction—a disciplinary penalty.

Security—the physical construction characteristics of the facility in terms of perimeter security, building construction type and internal movement controls.

Segregation—generic term used to encompass administrative segregation, protective custody and disciplinary detention.

Working Cellblock—a form of maximum custody distinguished by access to work and other programs consistent with security restrictions and institutional procedures.

NOTE: The pronouns "he" and "his" as used herein are for convenience only and are not intended to discriminate against female employees or offenders. Additionally, "employee" as used herein refers not only to an employee of the Department of Public Safety and Corrections, but also to any individual

having the authority to exercise supervision over an offender.

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 Public Safety and Corrections, Corrections Services, LR 34:2195 (October 2008).

§347.Disciplinary Procedures

A.General Segregation Guidelines—Mental Health. A mental health professional (as defined by the institution's designated health authority) must document a personal interview with any offender who remains in administrative segregation, protective custody or disciplinary detention for more than 30 consecutive days. A mental health assessment must be made at least every three months thereafter if confinement is continuous.

B.Administrative Segregation Guidelines. An offender whose continued presence in the general population poses a threat to life, property, self, staff or other offenders, or to the security or orderly running of the institution, or who is the subject of an investigation, may (with the approval of the highest ranking supervisor on duty in the unit where the incident occurred or the shift supervisor) be placed in administrative segregation until his appearance before the disciplinary officer/disciplinary board or classification board. The supervisor, before the conclusion of his tour of duty, will review documentation for completeness and correctness and investigate as needed to confirm the reasonableness of the allegation or circumstances prompting placement.

1.Offenders pending possible transfer to another facility, or pending assignment or re-assignment within an institution, may be held in administrative segregation. Offenders in administrative segregation pending such transfer will be entitled only to privileges allowed other offenders in administrative segregation.
2.Upon the request of an offender or after review by appropriate institutional staff, an offender may be placed in administrative segregation for his protection and/or the protection of others until the disciplinary officer/disciplinary board or classification board can review the circumstances and recommend appropriate action.
3.Time spent in administrative segregation for the offense for which the offender was placed in administrative segregation must be credited against disciplinary detention or extra duty sentences even when such is suspended. Credit will not be given for time spent in administrative segregation upon a request for protection or while an offender is waiting transfer to another area. (This includes a transfer from a local jail facility to a state facility due to a rule violation charge and the department is waiting for the investigative reports from the local jail facility.)
4.Offenders in administrative segregation shall be allowed to receive all correspondence and to originate correspondence. Offenders in administrative segregation will be allowed visits, clean clothing on a scheduled basis, toothbrush and toothpaste, sufficient heat, light, ventilation, toilet facilities and the same meals as other offenders. An appropriate review board should review the status of offenders who are in administrative segregation at least every seven days for the first two months and every 30 days

Louisiana Register   Vol. 34, No. 10   October 20, 2008

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