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I.EXECUTIVE ORDERS - page 230 / 359

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i.failure to earn incentive wages - up to three months.
2.Schedule B:
a.reprimand;
b.extra duty - up to eight days for each violation;
c.loss of minor privilege - up to 12 weeks, unless the violation involved abuse of that privilege, then up to 24 weeks;
d.disciplinary detention - up to ten days for each violation;
e.forfeiture of good time as follows:
i.attempted escape (simple or aggravated) - up to a maximum of 180 days for each violation;
ii.escape (simple or aggravated) - up to a maximum of all good time earned on that portion of the sentence served prior to the escape;
iii.all other Schedule B violations, up to a maximum of 180 days for each violation.
f.quarters change;
g.job change;
h.confinement to dormitory, room or cell - up to 30 days; (This does not exclude participation in work, meals, medical or other essential call-outs.)
i.failure to earn incentive wages - up to one year;
j.loss of hobby craft, up to 12 months; (At the discretion of the warden or designee, based upon the length of the sanction, this penalty may include loss of the hobby craft box assignment--in such cases, the offender would not be eligible to apply for resumption of this privilege until after the sanction has been served.) Loss of hobby craft privileges that result from custody status changes, classification actions, housing or institutional assignment changes, other changes that may routinely occur during the course of incarceration or the imposition of other disciplinary penalties are not to be considered as a "loss of hobby craft" sanction in the context of the disciplinary process;
k.custody change from minimum to medium custody status; (Imposition of this sanction may include transfer to another institution.) Any change of quarters, job change or other changes that may result from imposition of this sanction are not a separate penalty for purposes of this Section unless expressly indicated as a sanction;
l.custody change from minimum or medium custody status to maximum custody status, working cellblock or disciplinary detention/extended lockdown. Imposition of this sanction may include transfer to another institution.) Any change of quarters, job change or other changes that may result from imposition of this sanction are not a separate penalty for purposes of this Section unless expressly indicated as a sanction;
m.loss of visiting privileges if the violation involves visiting, to be reviewed by the warden or designee every 90 days; (Department Regulation No. C-02-008 “Offender Visitation” governs restrictions relative to non-contact versus contact visiting and is not considered a disciplinary penalty.).

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 LR 28:94 (January 2002), repromulgated LR 28:1797 (August 2002), amended by the Department of Public Safety and Corrections, Corrections Services, LR 34:2199 (October 2008).

§359.Penalty Clarifications

A.Good Time. An offender is presumed to have earned his good time for the month on the first day of the month and may forfeit such good time at any point during the month.

B.Incentive Pay. Any offender who has his incentive pay forfeited as a disciplinary sanction shall return to the introductory pay level for a six month period upon reinstatement of his right to earn incentive pay. At the end of the six month period, the offender's pay will be automatically adjusted to the lowest pay rate for the assigned job. See Department Regulation No. B-09-001 “Offender Incentive Pay and Other Wage Compensation” for additional information.

C.Suspended Sentences. The disciplinary officer/disciplinary board may suspend any sanction for a period of up to 90 days. The period of suspension begins on the date of the issuance of the ruling. When the time period has expired, the report itself remains a part of the record, although the sanction may no longer be imposed.

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 34:2200 (October 2008).

§361.Appeals

A.Appeals to the Disciplinary Board. An offender who wants to appeal a case heard by the disciplinary officer (low court) must appeal to the disciplinary board (high court) as soon as the ruling is issued. The offender must clearly say so to the disciplinary officer who will then automatically suspend the sanction and schedule the case for the disciplinary board. The appeal hearing before the disciplinary board is a full hearing the same as any other hearing conducted by the board. The disciplinary board cannot upgrade or increase the sanction imposed by the disciplinary officer. The appeal to the disciplinary board will be the final appeal in a case heard by the disciplinary officer. No other appeals are allowed. The appeal from the disciplinary officer to the disciplinary board will constitute the final administrative remedy regarding the disciplinary decision. Decisions rendered by the disciplinary officer and appealed to the disciplinary board may not be appealed to the warden or to the secretary.

B.Appeals to the Warden

1.An offender who wants to appeal a case heard by the disciplinary board (high court) must, in all cases, appeal to the warden. The offender may appeal himself or through counsel or counsel substitute. In any case, the appeal must be received by the warden within 15 days of the hearing. The appeal should be clearly written or typed on form AF-1. Form AF-1 should be available from the offender's classification officer. If the form is not available, the appeal may be on plain paper but should contain all of the relevant information called for on the form, i.e. what action is being appealed and the reason for the appeal, etc. The warden will decide all appeals within 30 days of the date of receipt of the

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

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