S.Radio/Tape or CD Player Abuse (Schedule A). Radios/tape or CD players must be used in accordance with the posted policies of the facility. Violations of posted policies regarding radios/tape or CD players may be processed under this Rule. In addition to any sanction that may be imposed by the disciplinary officer/disciplinary board, the ranking employee on duty may confiscate the radio/tape or CD player for a period of up to 30 days. The offender will not be permitted to have a similar item sent to him for one year.
T.Self-Mutilation (Schedule B). No offender shall deliberately inflict or attempt to inflict injury upon himself or upon a consenting offender or consent to have an injury inflicted upon him. Tattoos, piercing of any parts of the body and alterations to teeth are specifically included in this Rule. Not included are obvious suicide attempts.
U.Deleted. (Refer to Rule No. 21.)
V.Sex Offenses, Aggravated (Schedule B). Nonconsensual and/or consensual sexual acts involving offender-on-offender, offender-on-staff or non-incarcerated persons are strictly prohibited. Contact by any offender of any person without the person’s consent or of a person who is unable to consent or refuse through coercion is strictly prohibited. (There is no consensual sex in a custodial or supervisory relationship.) The following sexual behaviors are prohibited:
1.nonconsensual sexual act (offender-on-offender). Contact between the penis and the vagina or the penis and the anus including penetration, however slight; contact between the mouth and the genitalia, anus, groin, breast, inner thigh or buttocks; penetration of the genitalia of another offender by a hand, finger or other object. No offender shall sexually harass another offender by force or threat of force;
2.abusive sexual contact (offender-on-offender). Contact such as, but not limited to, intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, buttocks and/or mouth of any person. No offender shall sexually assault another offender by force or threat of force;
3.sexual misconduct (offender-on-offender). Contact or attempted contact between the penis and the vagina or the penis and the anus including penetration or attempted penetration, however slight; contact or attempted contact between the mouth and the penis, vagina or anus; penetration or attempted penetration of the anal or genital opening of another offender by a hand, finger or other object; carnal copulation by two or more offenders with each other, or by one or more offenders with an implement or animal(s); two or more offenders who have obviously been interrupted immediately before or after carnal copulation. Use of the genital organs of one of the offenders is sufficient to constitute the offense. Offenders may not participate in any sexual activity with each other;
4.sexual misconduct (offender-on-staff or non-incarcerated person). Contact or attempted contact between the penis and the vagina or the penis and the anus including penetration or attempted penetration, however slight; contact or attempted contact of the mouth and the penis, vagina or anus; penetration or attempted penetration of the anal or genital opening of another person by a hand, finger or other object; two or more persons who have obviously
been interrupted immediately before or after carnal copulation. Offenders may not participate in any overt sexual activity with staff or non-incarcerated persons. Offenders may not participate in any sexual activity with staff or non-incarcerated persons;
5.obscenity. No offender shall deliberately expose the genital organs and/or masturbate in view of staff or non-incarcerated persons;
6.other prohibited sexual behavior (offender-on-offender, offender-on-staff or non-incarcerated person). No offender shall: make sexual remarks, gestures or sounds; flirt; exchange personal items, etc. or make sexual threats in conversation by correspondence or telephone;
7.overt display of affection in a manner that may elicit sexual arousal with anyone is prohibited;
8.there can be no consensual sex between an employee and an offender. Failure to report any improper advances made by an employee on an offender may result in a violation of this rule.
W.Theft (Schedule B). No offender shall steal from anyone. Forgery, which is a form of theft, is the unauthorized altering or signing of a document(s) to secure material return and/or special favors or considerations. (The very act of the forgery will constitute proof of the crime. It need not have been successful in its conclusion.) Fraud, which is also a form of theft, is the deliberate misrepresentation of fact to secure material return and/or special favors or considerations. An offender who knowingly submits obviously false information to any employee within the Department of Public Safety and Corrections is guilty of this violation. Lying to the secretary or warden on appeal or in any other part of the administrative remedy procedure or in correspondence will also be a violation. Those who file administrative remedy requests that are frivolous or deliberately malicious may be disciplined under this rule. No offender shall have stolen items under his immediate control. No offender shall have institutional property under his immediate control unless he has specific permission; this includes institutional foodstuffs. (Refer to Rule No. 1. for the definition of "area of immediate control.")
Y.Unauthorized Area (Schedule A). An offender must be in the area in which he is authorized to be at that particular time and date, or he is in an unauthorized area. No offender shall go into any housing unit other than that to which he is assigned (this includes standing in the doorway) unless he has permission.
Z.Repealed. (Refer to Rule V.)
AA.Unsanitary Practices (Schedule A). Offenders must not spit or drop litter or cigarette butts anywhere but into a proper receptacle. Offenders must not smoke in any unauthorized areas. Offenders must maintain themselves, their clothing and their shoes in as presentable a condition as possible under prevailing circumstances. Each offender is responsible for keeping his bed and bed area reasonably clean, neat and sanitary. Beds will be made according to the approved posted policy at the facility. Offenders must wear shoes/boots and cannot wear shirts that leave the armpits exposed or shorts into the kitchen/dining area. Chewing gum in the kitchen/dining area is prohibited.
Louisiana Register Vol. 34, No. 10 October 20, 2008