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Derrick's Incarceration

FURLOUGHS / FUNERALS
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DOC RULES FOR ADULT INMATES
DOC -- DISCIPLINARY REPORT
DOC INCIDENT REPORT
INITIAL ARP FORM
FIRST STEP RESPONSE
SECOND STEP RESPONSE TO SECRETARY OF DOC
RISK REVIEW FORM
PAROLE
LOCATE INMATE
CLEMENCY APPLICATION / RULES
DOC HEADQUARTERS CONTACT NUMBERS
RISK REVIEW
FURLOUGHS / FUNERALS
PLACEMENT / TRANSFER OF INMATES
WORK RELEASE -- SELECTION -- JAIL / DOC
DOC INSTITUTIONS (PRISONS)
LOUISIANA ACLU COMPLAINT
COURT / JAIL LISTING BY PARISH
DOC ARP (GRIEVANCE) PROCESS
MOTIONS
TITLE 42 U.S.C. 1983
APPELLATE FORMA PAUPERIS
FORMA PAUPERIS
LAWS BEFORE INMATE FILING: CARP /PLRA
ACTUAL BLANK IJR -- PETITION FOR JUDICIAL REVIEW

305. Adult Offender Furloughs
A. Purpose. The purpose of this regulation is to establish
the adult offender furlough policy of the Department of
Public Safety and Corrections.
B. Responsibility. Unit heads and the Office of Adult
Services are responsible for implementing this regulation
and advising all adult offenders and affected employees of
its contents.
C. General. Furloughs for adult offenders sentenced to
the Department of Public Safety and Corrections may be
granted only by headquarter officials and shall be approved
before they begin. Headquarters reserves sole discretion in
determining eligibility. The period during which the adult
offenders will be on furlough will be clearly indicated in the
approval.
D. Definitions
Close Family Member―the mother, father, wife,
husband, adult child, grandparent, responsible brother or
sister, verified legal guardian, or verified regularly visiting
aunt or uncle.
Furlough―a release from incarceration during the last
six months of an offender's sentence for the purpose of
assisting in his/her transition from an institution into society.
Furlough Residence―a verified, established residence
of a close family member approved for an offender's
furlough.
Furlough Violation―the commission of any new
offense, as well as any misconduct resulting in any
disciplinary action while on furlough.
Unit Head―the sheriff, warden of a departmental
facility, or administrator of a community corrections center,
or their designee(s).
E. Procedures
1. Furlough requests should be reviewed by the unit
head to determine that the application is justified and is not
in contravention of this regulation. All furlough requests
must be recommended by the unit head.
2. Necessary verification of furlough plans,
transportation, and coordination with family is the
responsibility of the unit head recommending the furlough.
3. It is the responsibility of each unit head to devise
and implement a system for monitoring offenders on
furlough and to ensure that the approved frequency of
furloughs is adhered to.
4. Requests are to be forwarded to the Office of Adult
Services where it shall be determined whether the sheriff
and/or district attorney, and/or chief of police of the locality
where the offender is going objects. Any written objection
received from a public official from the parish of conviction
will take precedence over any other approval. The Office of
Adult Services will notify the unit head at the originating
institution of headquarters' decision.
5. When a request is received, the Office of Adult
Services shall certify that the offender meets the eligibility
standards.
6. All furlough violations shall be immediately
reported to the Office of Adult Services. A quarterly report
of all violations in the previous quarter shall be due at the
Office of Adult Services within five working days after the
end of each quarter. The reports shall indicate the nature of
the incident, age of the offender, original offense, length of
sentence, prior criminal record, and other characteristics
found to be predicative of success or failure. Any
recommended changes in furlough eligibility standards will
be included in the report.
F. Eligibility. Adult offenders must meet the following
criteria in order to be eligible for a furlough:
1. must have been sentenced for at least one year.
(Probation, parole, and good time violators must serve one
year from date of revocation.);
2. must not be serving a sentence for any of the
following crimes1:
a. first or second degree murder or attempted first
or second degree murder;
b. aggravated or attempted aggravated rape;
c. forcible rape;
d. aggravated kidnapping;
e. aggravated arson;
f. armed robbery or attempted armed robbery;
g. producing, manufacturing, distributing,
dispensing or possession with intent to produce,
manufacture, distribute, or dispense a controlled dangerous
substance classified in Schedule I or Schedule II of R.S.
40:964;
h. habitual felon conviction;
i. must not be serving a sentence for any crime of
sexual nature or have a history of such crime;
3. must not have more than six months to discharge;
4. must not have escaped, attempted to escape, or
abetted an escape during the preceding five years;
5. must be classified as minimum custody according
to the criteria of the institution where the offender is
confined and have exemplary conduct (no high court
disciplinaries during the last six months being a minimum
requirement);
6. must submit a furlough plan stating the purpose of
the furlough, destination, and name of the person with whom
the offender will stay, as well as a telephone number where
the offender can be reached at all times. A responsible close
family member must sign a statement agreeing to be
accountable for the offender and shall ensure that
transportation is provided for the adult offender. No public
transportation is allowed. A copy of the furlough plan must
be forwarded with the request to the Office of Adult
Services. In cases of extreme emergency, portions of this
requirement may be waived by headquarters.
G. Length and Frequency of Furloughs
1. Furloughs will be approved for a specific period not
to exceed three days.
2. Furloughs will be no more frequent than bi-monthly
for a maximum of three during an offender's last six months.
3. Offenders, other than those on work release, will be
eligible for no more than one furlough.
4. Offenders on work release will be eligible for three
bi-monthly furloughs during their last six months. The unit
head is responsible for monitoring the frequency.
5. All offenders on furlough must be at their approved
residence from 10 p.m. to 8 a.m. during their furlough period
unless they have received prior approval.
H. Administrative Requirements
1. Requests for furloughs should be submitted at least
30 days prior to the start of the requested furlough period.
Emergency furloughs exempted.
2. Furloughs should not be requested for offenders
even though they meet the criteria established herein when it
is known to the unit head that the offender might present a
danger to himself or others or cause adverse public reaction
should he be released.
I. The effective date of this regulation is October 20,
1989. This regulation supersedes Department Regulation 30-
7 dated January 20, 1986.
1Cannot be waived (R.S. 15:833(B); 15:811) except in last six
months of sentence.
AUTHORITY NOTE: Promulgated in accordance with R.S.
15:811(C), R.S. 15:833.
HISTORICAL NOTE: Promulgated by the Department of
Corrections, Office of Adult Services, LR 4:487 (December 1978),
amended LR 8:274 (June 1982), LR 15:853 (October 1989).
306. Release of Offenders to Sheriffs to Attend
Funerals
A. Purpose. The purpose of this regulation is to establish
procedures for the release of adult offenders in the custody
of the Department of Public Safety and Corrections to
sheriffs for the purpose of attending the funeral of a family
member.
B. Responsibility. It is the responsibility of the assistant
secretary of the office of adult services and all wardens of
each adult correctional institution to ensure compliance with
this regulation and to advise their respective employees who
are affected by the contents.
C. General. Department Regulation 30-7C, Escorted
Inmate Absences, gives the wardens a great deal of latitude
in granting this privilege. When the warden, at his discretion,
denies a request for an escorted absence for an offender to
attend the funeral/wake of a chosen family member as
described in Department Regulation 30-7, there are
occasions when the sheriff of the parish where the funeral is
taking place requests permission to provide this service.
D. Procedures
1. In order for the sheriff to be allowed to provide the
escort, the following criteria must be met.
a. The warden and the Office of Adult Services
must ascertain and agree that releasing the offender to the
custody of the sheriff does not pose a risk to the general
public or to the transporting officers.
b. The warden and the Office of Adult Services
must ascertain and agree that the offender is not a significant
escape risk.
c. The offender's presence at the funeral is not
likely to evoke adverse public reaction.
d. The offender does not suffer from any medical or
psychological problems which would preclude an escorted
absence.
2. If the above criteria are met, the Office of Adult
Services must advise the institution, in writing, that they are
authorized to release the offender to the custody of the
sheriff's office per Department Regulation 30-7E.
3. Before releasing the offender to the transporting
officers, the officers must sign a form labeled Release to
Custody of Sheriff.
4. Under no circumstance is the release to exceed 72
hours.
E. The effective date of this regulation is August 20,
1990.
AUTHORITY NOTE: Promulgated in accordance with R.S.
15:833.
HISTORICAL NOTE: Promulgated by the Department of
Public Safety and Corrections, Corrections Services, LR 16:694
(August 1990).

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