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virtue of a certified medical reason.)

F.Disobedience, Aggravated (Schedule B). Offenders must obey direct verbal orders cooperatively and promptly and not debate, argue or ignore the orders before obeying. The last order received must be obeyed when orders conflict. Even orders the offender believes improper must be obeyed; grievances must be pursued through proper channels. Sanctions imposed by the disciplinary officer/disciplinary board are to be carried out by the offender. Violations of duty status will apply to this rule as will a violation of an order from the disciplinary board. 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 virtue of a certified medical reason.)

G.Disorderly Conduct (Schedule A). All boisterous behavior is forbidden. This includes, but is not limited to, horseplay and/or disorderly conduct. Offenders shall not jump ahead or cut into lines at the canteen, recreational activities, dining/kitchen area or during group movements of offenders. Visitors and guests shall be treated courteously and not be subjected to disorderly or intrusive conduct. Offenders shall not communicate verbally into or out of cellblocks or other housing areas.

H.Disrespect (Schedule A). Employees, visitors, guests or their families shall not be subject to disrespectful conversation, correspondence, phone calls, actions or gestures. Offenders shall address employees, visitors, guests or their families by proper title or rank or by "Mr.," "Mrs." or "Miss" whichever is appropriate.

I.Escape or Attempt to Escape (Schedule B).

1.Attempted Escape: The attempt to commit a simple or aggravated escape as defined herein.
2.Simple EscapeThe intentional, unauthorized departure of an offender under circumstances in which human life was not endangered, including but not limited to: from the grounds of an institution, a designated area or place within an institution, the custody of a corrections’ employee while off the grounds of an institution or the custody of any law enforcement officer; the departure of a work release offender from the designated area where he is legally confined; the failure of an offender participating in a work release program to report or return from his planned employment or other activity at the appointed time, or who leaves the job site for any reason without permission; or the failure of an offender on furlough to return to his place of confinement at the appointed time.
3.Aggravated EscapeThe intentional, unauthorized departure of an offender under circumstances in which human life was endangered, including but not limited to: from the grounds of an institution, a designated area or place within an institution, the custody of a corrections’ employee while off the grounds of an institution or the custody of any law enforcement officer; the departure of a work release offender from the designated area where he is legally confined; the failure of an offender participating in a work release program to report or return from his planned employment or other activity at the appointed time, or who leaves the job site for any reason without permission; or the failure of an offender on furlough to return to his place of confinement at the appointed time. For the purpose of this rule, the commission of a crime while on escape constitutes
aggravated escape.

NOTE: All costs associated with an escape may be recovered in accordance with procedures outlined in Department Regulation No. B-05-003 “Imposition of Restitution.”

J.Repealed. (Refer to Rule No. 30.)

K.Fighting (Schedule B). Hostile physical contact or attempted physical contact is not permitted. This includes fist fighting, shoving, wrestling, kicking and other such behavior. Contact does not necessarily have to be made for this rule to be violated.

1.Self-Defense Clarification. Self-defense is a complete defense and can be established to the board by the offender demonstrating that his actions did not exceed those necessary to protect himself or others from injury.

L.Fighting, Aggravated (Schedule B). Offenders shall not fight with each other using any object as a weapon (including any liquid or solid substances thrown or otherwise projected on or at another person.) When two or more offenders attack another offender without using weapons, the attackers are in violation of this rule, as are all participants in a group or "gang" fight. The use of teeth will also be sufficient to constitute a violation of this rule. No offender shall intentionally inflict serious injury or death upon another offender. Contact does not necessarily have to be made for this Rule to be violated.

1.Self-Defense Clarification. (Refer to clarification under Rule No. 10.)

M.Gambling (Schedule B). No offender shall operate or participate in any game of chance involving bets or wagers or goods or other valuables. Possession of one or more gambling tickets or stubs for football or any other sport is a violation. No offender shall operate a book-making scheme. Possession of gambling sheets with a list of names or codes, point spreads, how much owed or how much wagered will be considered a violation.

N.Repealed.

O.Intoxication (Schedule B). No offender shall be under the influence of any intoxicating substance while in physical custody. Returning from a furlough under the influence of an intoxicating substance is a violation.

P.Malingering (Schedule B).

1.A qualified medical staff person (as defined by the institution's designated health authority) determines that an offender has made repeated and frequent complaints at sick call having little or no merit; or
2.A qualified medical staff person (as defined by the institution's designated health authority) determines that an offender has sought emergency medical treatment, not during scheduled sick call, when there was no ailment or when there was a minor ailment that was or could have been properly handled at sick call.

Q.Repealed.

R.Property Destruction (Schedule B). No offender shall destroy the property of others or of the state. No offender shall alter his own property when the result of such alteration is to render the article unsuitable according to property guidelines. Flooding an area and the shaking of doors ("racking down") are not permitted. Standing or sitting on face bowls is a violation. Whether or not the offender intended to destroy the property and/or the degree of negligence involved may be utilized in defense of the charge.

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

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