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I.EXECUTIVE ORDERS - page 227 / 359

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thereafter.

C.Counsel Substitutes. Behavior of counsel substitutes and legal aid office workers must be above reproach. A job change is mandatory following conviction for a serious offense. Counsel substitutes are not required to file appeals but should inform the offender who wants to appeal of the proper way to file. They may be removed from their positions if the warden or designee believes it appropriate. No offender, including counsel substitutes, can sell or trade for value legal services of any sort. Offenders who are not counsel substitutes may not provide services to other offenders without the approval of the warden or designee.

D.Disciplinary Board (High Court Hearing). A properly composed board will consist of two people, a duly authorized chairman and a duly authorized member, each representing a different section, i.e. security, administration or treatment. The secretary or designee must approve the chairman. The warden or designee must approve the member. Any member directly involved in the incident or one who is biased for or against the accused cannot hear the case unless the accused waives recusal. (Performance of routine administrative duty does not necessarily constitute "direct involvement" or "bias.") Decisions must be unanimous. If the decision is not unanimous, the case is automatically deferred for referral to a different disciplinary board.

1.If the second decision is not unanimous, then a finding of not guilty is appropriate. Hearings shall be held within seven days of the date of the report, excluding weekends and holidays, for those offenders not placed in administrative segregation, unless the hearing is prevented by exceptional circumstances, unavoidable delays or reasonable postponements. Reasons for all delays should be documented.
2.These hearings shall be recorded in their entirety and a written record of all motions, delays, etc. shall be preserved in accordance with the department's record retention policy.

E.Disciplinary Officer (Low Court Hearing). A ranking security officer (lieutenant or above) or any supervisory level employee from administration or treatment appointed by the warden or designee who conducts hearings of minor violations (Schedule A) and who may impose only sanctions listed herein as appropriate for a Schedule A rule violation. Any disciplinary officer directly involved in the incident or one who is biased for or against the accused cannot hear the case unless the accused waives recusal. (Performance of a routine administrative duty does not necessarily constitute "direct involvement" or "bias.") At these hearings, the accused offender represents himself and is given full opportunity to speak in his own behalf.

1.The presence of counsel substitutes, witnesses or the accusing employee is not permitted. These hearings are not recorded. Hearings shall be held within seven days of the date of the report, excluding weekends and holidays, for those offenders not placed in administrative segregation, unless the hearing is prevented by exceptional circumstances, unavoidable delays or reasonable postponements. Reasons for all delays should be documented. The disciplinary officer may also hear cases of offenders who have signed written requests for protection and may recommend appropriate action.

F.Disciplinary Detention. A determinate period of detention that is characterized by a maximum limit of 10 consecutive days without a 24-hour break or no more than 20 days in a 30 day period. After 10 consecutive days in disciplinary detention, the offender must be released for a period of time not less than 24 hours. No offender may be confined in disciplinary detention except by action of the disciplinary board on the basis of a disciplinary report. Offenders in disciplinary detention shall be allowed to receive all correspondence and to originate correspondence. They will also 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.

G.Disciplinary Detention/Extended Lockdown. An indeterminate period of detention characterized by routine 90-day classification reviews to determine eligibility/suitability for release from this status. This type of segregation is used primarily after a disciplinary hearing for an offender found guilty of violating one or more serious rules, being dangerous to himself or others, being a serious escape risk or posing a clear threat to the security of the facility. A classification board hearing is sufficient for an offender who is initially classified as maximum custody.

1.Offenders who are in disciplinary detention/extended lockdown will have their cases reviewed by a classification board for possible release to a less restricted status approximately every 90 days.

H.Protective Custody/Extended Lockdown. Utilized for an offender in need of protection. A hearing by the disciplinary officer/disciplinary board or classification board is not necessary when an offender has signed a written request for protection and is transferred to protective custody/extended lockdown by the disciplinary officer/disciplinary board or classification board. A classification board should review offenders in protective custody/extended lockdown for possible release to a less restricted status at least every seven days for the first two months and every 30 days thereafter.

I.Working Cellblock. An indeterminate period of assignment to a maximum custody status characterized by access to work and other programs consistent with security restrictions and institutional procedures. Classification reviews are utilized to determine eligibility/suitability for release from this status. This type of assignment is used primarily after a disciplinary hearing for an offender found guilty of violating one or more serious rules, being dangerous to himself or others, being a serious escape risk, being in need of protection or posing a clear threat to the security of the facility. A classification board hearing is sufficient for an offender who is initially classified as maximum custody.

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 27:415 (March 2001), amended by the Department of Public Safety and Corrections, Corrections Services, LR 34:2196 (October 2008).

§349.Hearings

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

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