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Family Impact Statement

The proposed Rule has no known impact on family formation, stability or autonomy, as described in R.S. 49:972.

Written comments may be addressed to Melissa Callahan, Deputy Assistant Secretary, Department of Public Safety and Corrections, P.O. Box 94304, Baton Rouge, LA 70804, until 4:30 p.m. on November 9, 2008.

James M. Le Blanc

Secretary

FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES

RULE TITLE:  Access to and Release of Active and Inactive Offender Records

I.ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENT UNITS (Summary)

This is a technical adjustment to an existing regulation. There will be no fiscal impact with repealing and implementing the new regulation.  

II.ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary)

There will be no effect on revenue collections of state or local governmental units since this is a technical adjustment.

III.ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary)

There is no estimated cost or economic benefit to directly affected persons or non-governmental groups.

IV.ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)

There is no estimated effect on competition and employment with this rule.

Thomas C. Bickham, III

Robert E Hosse

Undersecretary

Staff Director

0810#054

Legislative Fiscal Office

NOTICE OF INTENT

Department of Public Safety and Corrections

Office of Corrections Services

Telephone Use and Policy on Monitoring of Calls (LAC 22:I.315)

The Department of Public Safety and Corrections, Corrections Services, amends in its entirety LAC 22:I.315, Telephone Use and Policy on Monitoring of Calls, as authorized by R.S. 36:404.

Title 22

CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT

Part I. Corrections

Chapter 3.Adult Services

Subchapter A.General

§315.Telephone Use and Policy on Monitoring of Calls

A.Purpose.To establish the secretary's policy regarding the use of telephones by offenders and the monitoring of offender telephone calls at all adult institutions.

B.Applicability.Deputy Secretary, Chief of Operations, Undersecretary, Assistant Secretary, Regional

Wardens and Wardens. Each warden is responsible for ensuring that appropriate unit written policy and procedures are in place to comply with the provisions of this regulation and for implementing and notifying all affected persons of its contents.

C.Policy.It is the secretary's policy that uniform telephone procedures, including the ability to monitor and/or record offender telephone calls to preserve the security and orderly management of the institution and to protect the public safety, shall be adhered to at all institutions. Each institution will offer offenders (including the hearing and/or speech impaired) reasonable access to telephone communication without overtaxing the institution's ability to properly maintain security and to avoid abuse of this privilege on the part of any offender. Further, offenders with hearing and/or speech disabilities and offenders who wish to communicate with parties who have such disabilities shall be given access to appropriate auxiliary aids and services. See Department Regulation No. B-08-013 “Effective Communication with the Hearing Impaired” for additional information.

D.Procedures.

1.General
a.Each offender shall be assigned a personal identification number (PIN) which must be used when placing outgoing telephone calls; the PIN will be the offender's DOC number.
b.Each offender will provide his assigned institution a master list of up to 20 frequently called telephone numbers inclusive of all family, personal, and legal calls. Each offender's outgoing telephone calls shall be limited to those telephone numbers he has placed on his master list. Changes may be made to the master list at the discretion of the warden, but no less than once each quarter. These changes may be entered by the contractor or by appropriately trained institutional staff.
c.For new offenders, PIN and master list numbers shall be entered into the telephone system upon intake at the reception and diagnostic centers.
d.Upon the request of a telephone subscriber, the institution shall block a telephone number and prevent the subscriber from receiving calls from an offender housed in the facility. To accomplish a block of a particular number for all state facilities, the institution should contact the contractor to request that a universal block be put into place.
2.Dormitory Housing (Minimum or Medium Custody)
a.Personal or Family Calls (routine). Collect telephone access should be available on a relatively non-restricted basis. The specific hours in the various living areas at the individual institutions shall be established by the warden of each institution. The warden shall communicate the telephone schedule to the offender population. A time limit should be established.
b.Personal or Family Calls (emergency). Requests for access outside of normally scheduled hours may be made through the dormitory officer, shift supervisor or other appropriate staff who decides if the justification the offender presents warrants the request. That decision is then logged. No frequency for this type call is established as the severity and duration of the emergency may vary.

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

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