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I.EXECUTIVE ORDERS - page 229 / 359

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to 90 days.

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 27:416 (March 2001), amended by the Department of Public Safety and Corrections, Corrections Services, LR 34:2198 (October 2008).

§351.Correcting Disciplinary Reports

A.A reviewing employee may change the rule number to fit the description prior to the hearing but should ensure that the accused gets a corrected copy of the report at least 24 hours before the hearing begins. Rule number(s) may be added if the offense is clearly described on the report. An incident may consist of several related events; however, each separate and distinct rule violation should be processed independently in the disciplinary system.

B.The board may change the rule number at any time prior to deliberation to more accurately reflect the alleged misbehavior but should offer the accused a continuance to prepare a new defense. It is the description of the conduct and not the rule number that determines the offense. The continuance may be waived and does not necessarily need to be for 24 hours.

NOTE: These actions shall be made on the record in the presence of the accused.

C.Evidence. The disciplinary board shall carefully evaluate all evidence presented or stipulated. When the disciplinary report is based solely on information from a confidential informant, two witnesses (who may be other confidential informants) must corroborate the record or other evidence. If requested, the accusing employee must be summoned to testify about the reliability and credibility of the confidential informant when the report is based solely on information from a confidential informant. (In order to accomplish this, the informant must have been reliable in the past and/or have legitimate knowledge of the present incident(s).)

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 27:417 (March 2001), amended by the Department of Public Safety and Corrections, Corrections Services, LR 34:2199 (October 2008).

§353.Sanctions

A.Sanctions must fit the offense and the offender. An offender with a poor conduct record may receive a more severe sanction than an offender with a good conduct record for the same offense. Even so, serious offenses call for serious penalties. An offender who violates more than one rule or the same rule more than once during an incident may receive a permissible sanction for each violation. After a finding of guilt for a new violation, a previously suspended sanction may be imposed as well as a new sanction. State and federal criminal laws apply to offenders. In addition to being sanctioned by prison authorities, offenders may also be prosecuted in state and federal court for criminal conduct. Restitution may be imposed in accordance with Department Regulation No. B-05-003 “Imposition of Restitution” and is not considered a disciplinary penalty and may be assessed in addition to any other permissible penalties.

B.An offender who has established a documented pattern of behavior indicating that he is dangerous to himself or others is a habitual offender. This includes an offender who has been convicted of three major violations or a total of five violations in a six month period. Major violations are Schedule B offenses. A habitual offender may receive Schedule B penalties following a finding of guilt of a Schedule A offense when he has established a documented pattern of hostile or disruptive behavior as defined above.

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 27:417 (March 2001), amended by the Department of Public Safety and Corrections, Corrections Services, LR 34:2199 (October 2008).

§355.Penalty Schedule—Disciplinary Report (Heard by Disciplinary Officer/Low Court)

A.After a finding of guilt, the disciplinary officer may impose one or two of the penalties below for each violation:

1.reprimand;
2.extra duty - up to four days for each violation;
3.loss of minor privilege - up to two weeks.

B.Minor privileges are as follows:

1.radio/tape or CD players and/or TV;
2.recreation and yard activities; (If the offender is housed in disciplinary detention or disciplinary detention/extended lockdown, the offender must be allowed a 24-hour break with access to recreation and/or yard activities after ten consecutive days in disciplinary detention or disciplinary detention/extended lockdown before any subsequent imposition of this penalty.)
3.telephone (except for emergencies and legal);
4.movies;
5.canteen;
6.any other similar privilege.

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 27:418 (March 2001), amended by the Department of Public Safety and Corrections, Corrections Services, LR 34:2199 (October 2008).

§357.Penalty Schedule—Disciplinary Report (Heard by Disciplinary Board/High Court)

A.After a finding of guilt, the disciplinary board may impose one or two of the penalties below for each rule violation.

1.Schedule A:
a.reprimand;
b.extra duty - up to four days for each violation;
c.loss of minor privilege - up to four weeks;
d.disciplinary detention - up to five days for each violation;
e.forfeiture of good time - up to a maximum of 30 days for each violation;
f.quarters change;
g.job change;
h.confinement to dormitory, room or cell - up to 14 days; (This does not exclude participation in work, meals, medical or other essential call-outs.)

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

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