appeal and the offender will be promptly notified in writing of the results (unless circumstances warrant an extension of that time period and the offender is notified accordingly.)
2.Lengthy appeals of disciplinary actions will not be accepted into the appeals process. It is necessary for the offender to only provide basic factual information regarding his case. Appeals that are too long will be returned to the offender for summarization. If an appeal is rejected due to additional information being needed (such as summarization), the offender's administrative remedies have not yet been exhausted. The offender will have five days from receipt to comply with the instructions and resubmit. It is important to remember that abuse of the system impairs the department’s ability to respond to legitimate problems in a timely fashion.
C.Appeals to the Secretary
1.An offender who wants to appeal the decision of the warden to the secretary will indicate that he is “not satisfied” in the appropriate box on the warden's “Appeal Decision” (form AF-2) and submit it to the administrative remedy procedure (ARP) screening officer or, in some units, the warden’s office. The offender must submit the form within five days of the date of the receipt. No supplement to the appeal will be considered. It is only necessary that the offender check the box indicating, “I am not satisfied,” date, sign and forward the form to the appropriate person. The offender will receive an acknowledgment of receipt and date forwarded to the secretary's office. The institution will provide a copy of the offender's original appeal to be attached to form AF-2 for submission to the secretary. Form AF-2 is available from the offender's classification officer.
2.The secretary will only consider appeals from decisions of the warden that resulted in an imposed or suspended sentence of one or more of the following penalties:
b.forfeiture of good time;
c.a custody change from minimum to medium if it involves transfer to another institution;
d.a custody change to maximum;
e.failure to earn incentive wages.
3.In addition, appeals for the amount of restitution assessments may be submitted to the secretary. The appeal of such assessments must be submitted in accordance with procedures outlined in Department Regulation No. B-05-003 “Imposition of Restitution.”
4.The secretary will decide all appeals within 85 days of the date of receipt of the appeal and the offender will be promptly notified in writing of the results (unless circumstances warrant an extension of that time period and the offender is notified accordingly.) Absent unusual circumstances, the secretary will only consider review of the sanction(s) imposed of an offender who pled guilty.
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 27:419 (March 2001), amended by the Department of Public Safety and Corrections, Corrections Services, LR 34:2200 (October 2008).
A.An offender found guilty of violating one or more of the rules defined below will be sanctioned according to the penalty schedule designated for the rule and the type of hearing provided.
B.Contraband (Schedule B). No offender shall have under his immediate control any illicit drugs, any product that could be used to adulterate a urine sample, unauthorized medication, alcoholic beverage, yeast, tattoo machine, or tattoo paraphernalia, syringe or any type weapon, cellular phone or other electronic communications device, or any other item not permitted by department regulation or institutional posted policy to be received or possessed or any other item detrimental to the security of the facility. Money is contraband. Any item not being used for the purpose for which it was intended will be considered contraband if it is being used in a manner that is clearly detrimental to the security of the facility. Possession of cigarettes and other smoking materials, i.e. cigarette lighters, pipes, etc. are deemed to be contraband in non-smoking areas. To smuggle or attempt to smuggle prohibited items into or out of the facility will be in violation of this Rule.
1.The area of immediate control is an offender's person, his locker(s) or storage area, his cell, his room, his bed, his laundry bag, his hobby craft and his assigned job equipment (such as, but not limited to, his desk, his tool box or his locker at the job) or the area under his bed on the floor unless the evidence clearly indicated that it belonged to another offender. Contraband found in a cell shared by two or more offenders will be presumed to belong to all equally.
2.Any offender who is tested and has a positive reading on a urinalysis or breathalyzer test will be considered in violation of this rule. An offender who refuses to be tested or to cooperate in testing, as well as an offender who alters his urine specimen, will also be found in violation of this Rule (including being unable to provide a urine specimen within three hours of being ordered to do so.)
D.Defiance (Schedule B). No offender shall commit or threaten physically or verbally to commit bodily harm upon an employee, visitor, guest or their families. This includes throwing any object, liquid or substance, or spitting or attempting to spit on an employee, visitor, guest or their families. No offender shall curse or insult an employee, visitor, guest or their families. No offender shall threaten an employee, visitor, guest or their families in any manner; however, an offender may advise an employee of planned legal redress even during a confrontational situation (although an offender's behavior in such a situation shall not be disrespectful or violate any other disciplinary rule.) No offender shall obstruct or resist an employee who is performing his proper duties. No offender shall try to intimidate an employee to make the employee do as the offender wants him to do. An employee, visitor, guest or their families shall not be subject to abusive or insulting conversation, correspondence, phone calls or gestures.
E.Disobedience (Schedule A). Offenders must obey the posted policies for the facility in which they are confined. They must obey signs or other notices of restricted activities in certain areas, safety rules or other general instructions. The only valid excuse for disobedience or aggravated disobedience is when the immediate result of obedience would result in bodily injury (this includes incapacity by
Louisiana Register Vol. 34, No. 10 October 20, 2008