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Derrick's Incarceration

PLACEMENT / TRANSFER OF INMATES
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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

307. Placement and Transfer of Offenders: Selection
Criteria
A. Purpose. The purpose of this regulation is to establish
selection criteria to be followed in placement and transfer of
adult offenders to the various units within the Department of
Public Safety and Corrections, Corrections Services.
B. Responsibility. The assistant secretary for Adult
Services, wardens and classification personnel of adult
institutions are responsible for the implementation of this
regulation. They shall insure that necessary information and
instructions are furnished to all affected employees and
offenders.
C. General. A comprehensive selection process for
placement and transfer of offenders within the Department
of Public Safety and Corrections, Corrections Services, is
essential in order to fulfill the purposes and goals of the
various institutions. Offenders should be able to benefit from
the programs offered at the institution to which they are
being assigned. The selection criteria outlined below should
be considered the outside limits of acceptability. Other
factors such as adjustment potential, as determined by
psychological evaluation, excessiveness of the criminal
records and observable behavior should also be considered
in the selection process. The secretary retains the right to
make such assignments as he, in his sole discretion, deems
appropriate.
D. Procedure
1. All placements or transfers will be approved by the
secretary or by his designated representative.
2. Only the secretary, or in his absence, his designated
representative, has the authority to waive any of the
eligibility requirements listed below and then only for good
cause.
3. When inmates are transferred from a work training
facility or Louisiana Correctional and Industrial School
(LCIS) to Adult Reception and Diagnostic Center (ARDC)
for disciplinary reasons, their security class should be
increased to no more than medium security unless the instant
rule violation report, which resulted in the transfer, was so
serious as to warrant a maximum security staffing.
E. Definitions
Earliest Release Eligibility Date―the earliest date on
which an offender is legally eligible for release, even if
actual release is predicted on a future decision of the
department or of the parole board.
F. Selection Criteria
1. Louisiana Correctional and Industrial School
(LCIS)
a. Only first offenders are eligible.1
b. Offenders found guilty of escape or attempted
escape by a court or institutional disciplinary board within
the past seven years are ineligible.
c. Persons who are currently under and/or who have
demonstrated a need for intensive medical treatment
(physically or psychologically) are ineligible. At the time
treatment has been completed, and such termination of
services has been documented by competent medical staff,
persons may then be considered as eligible for transfer.
d. Persons who have demonstrated an overtaggressive
pattern of homosexual behavior, to the extent that
it would disrupt the smooth daily operation of the institution,
are ineligible. Evidence must be documented and of a
firsthand rather than of a hearsay nature.
e. Persons who have a balance of time extending
beyond eight years remaining to serve on their sentence prior
to their earliest release eligibility date are ineligible.
f. Persons serving a life sentence will not be
eligible unless there is a demonstrated need by the institution
for the skill of the offender. Such an offender must meet all
other requirements.
g. Persons who have demonstrated a consistent
pattern of poor institutional adjustment and/or have a poor
institutional conduct record are not eligible. Evidence must
be documented and of a firsthand rather than of a hearsay
nature.
h. Persons who are young in age should be given
priority over the older first offenders who satisfy all other
requirements.
i. When bed space is not available for all offenders
meeting the criteria in 307.F.1.a-h, priority will be given to
those offenders convicted of offenses other than:
i. aggravated, forcible or simple rape or an
attempt to commit these crimes;
ii. carnal knowledge of a juvenile;
iii. aggravated crime against nature;
iv. aggravated arson;
v. aggravated kidnapping;
vi. armed robbery or attempted armed robbery;
vii. distribution or possession with intent to
distribute any controlled dangerous substance (with the
exception of marijuana offenses);
viii. possession of any drug listed in Schedule I,
Section A or B, in Schedule II of the Controlled Dangerous
Substance Law (R.S. 40:964);
ix. murder or attempted murder (first and second
degree); and
x. R.S. 15:529.1 (Habitual Offender Law).
2. Dixon Correctional Institute (DCI), Hunt
Correctional Center (HCC), Wade Correctional Center
(WCC), Washington Correctional Institute (WCI)
a. Persons with a history of institutional behavior
which reflects an assaultive personality are ineligible. A
person's criminal history may also be considered in cases
where a maximum security placement appears necessary and
there is no institutional behavior to evaluate.
b. Persons presently serving sentences for the
commission of the following crimes are ineligible:
i. aggravated, forcible, or simple rape;
ii. attempted aggravated rape;
iii. attempted forcible rape;
iv. aggravated crime against nature;
v. murder (first or second degree);
vi. aggravated arson;
vii. armed robbery (second or subsequent offense);
and
viii. aggravated kidnapping.
NOTE: Persons convicted of the above may be considered for
transfer upon recommendation of the warden of Louisiana
State Penitentiary after serving a minimum of five years of
their sentence.
c. Persons who are currently under and/or have
demonstrated a need for extensive and/or intensive medical
treatment (physically or psychologically) are ineligible. At
the time treatment has been completed, and such termination
of service has been documented by competent medical staff,
persons may then be considered as eligible for transfer.
d. Offenders who have demonstrated an overtaggressive
pattern of homosexual behavior, to the extent that
it would disrupt the smooth daily operation of the institution,
are ineligible. Evidence must be documented and of a
firsthand rather than of a hearsay nature.
e. Persons who have a balance of time extending
beyond 10 years remaining to serve on their sentence prior
to their earliest release eligibility date are ineligible.
f. Persons serving life sentences will not be eligible
unless there is a demonstrated need by the institution for the
skill of the offender. Such an offender must meet all other
requirements.
g. Persons who have demonstrated a pattern of poor
institutional adjustment and/or have a poor institutional
conduct record are not eligible. Evidence must be
documented and of a firsthand rather than of a hearsay
nature.
3. Woodworth Forestry Camp
a. Any offender who is transferred to Woodworth
Forestry Camp must meet the criteria for assignment to
Work Training Facility/North (Camp Beauregard).
b. Offenders currently housed at Work Training
Facility/North will be given first preference.
c. Since offenders at Woodworth Forestry Camp
will be allowed a quarterly furlough, only offenders who
qualify for furlough [see Department Regulation Number
30-7 (see LAC 22:I.305)] may be considered for transfer.
4. Work Training Facility/North (Camp Beauregard)
and Work Training Facility/South (Jackson Barracks) (See
Department Regulation Number 30-14-A for Work Release
Criteria (see LAC 22:I.309).
a. Offenders having detainers or warrants for
pending felony charges are ineligible. This does not apply to
detainers for traffic violations or for court costs.
b. Persons presently serving sentences for the
commission of the following offenses are ineligible:
i. aggravated, forcible, or simple rape or of an
attempt to commit these crimes2;
ii. carnal knowledge of a juvenile2;
iii. aggravated crime against nature2;
iv. aggravated arson2;
v. murder (first or second degree)2;
vi. distribution of any controlled dangerous
substance (with the exception of marijuana offenses)2;
vii. armed robbery2;
viii. aggravated kidnapping2;
ix. R.S. 15:529.1 (Habitual Offender Law)2;
x. indecent behavior with a juvenile2; and
xi. incest.2
c. Persons who have escaped and/or have abetted an
escape and/ or have attempted to escape within the last seven
years are ineligible.2
d. Persons who are currently under and/or who have
demonstrated a need for intensive medical treatment
(physically or psychologically) are ineligible. At the time
treatment has been completed, and such termination of
services has been documented by competent medical staff,
persons may then be considered as eligible for transfer.2
e. Persons who have demonstrated an overtaggressive
pattern of homosexual behavior, to the extent that
it would disrupt the smooth daily operation of the institution,
are ineligible. Evidence must be documented and of a
firsthand rather than of a hearsay nature.2
f. Persons having a balance of time extending
beyond five years to the earliest release eligibility date are
ineligible.2
g. Persons who have demonstrated a consistent
pattern of poor institutional adjustment and/or have a poor
institutional conduct record are not eligible. Evidence must
be documented and of a firsthand rather than of a hearsay
nature.
h. Persons with a history of criminal activity which
reflects an assaultive (violent) personality are ineligible. This
includes both arrest and/or institutional records.2
5. Sheriff or Police Maintenance
a. The offender must be specifically requested by
the sheriff or chief of police.
b. The sheriff or the chief of police and the
department must enter into a written contract which
conforms with the requirements set forth in R.S. 15:832(D).
c. The offender must be domiciled in, or sentenced
from, the parish which is requesting him, unless specifically
exempted from this requirement by the secretary of Public
Safety and Corrections.
d. Offenders who have been found guilty of escape
or attempted escape by a court or institutional disciplinary
board in the last seven years are ineligible.
e. Persons who are currently under and/or who have
demonstrated a need for intensive medical treatment
(physically or psychologically) are ineligible. At the time
treatment has been completed, and such termination of
services has been documented by competent medical staff,
persons may then be considered as eligible for transfer.
f. Persons who have demonstrated an overtaggressive
pattern of homosexual behavior, to the extent that
it would disrupt the smooth daily operation of the institution,
are ineligible. Evidence must be documented and of a
firsthand rather than of a hearsay nature.
g. Persons serving life sentences will not be eligible
unless there is a demonstrated need by the institution for the
skill of the offender. Such an offender must meet all other
requirements.
h. Persons presently serving sentences for the
commission of the following offenses are ineligible:
i. aggravated, forcible, or simple rape or of an
attempt to commit these crimes;
ii. carnal knowledge of a juvenile;
iii. aggravated crime against nature;
iv. aggravated arson;
v. murder or attempted murder (first and second
degree);
vi. distribution or possession with intent to
distribute any controlled dangerous substance (with the
exception of marijuana offenses);
vii. possession of any drug listed in Schedule 1,
Section A or B, or in Schedule II of the Controlled
Dangerous Substance Law (R.S. 40:964);
viii. armed robbery or attempted armed robbery;
ix. aggravated kidnapping;
x. R.S. 15:529.1 (Habitual Offender Law);
xi. indecent behavior with a juvenile;
xii. incest.
i. Offenders having detainers or warrants for
pending felony charges are ineligible. This does not apply to
detainers for traffic violations or for court costs.
j. Offenders on maintenance programs will be
assigned to the appropriate probation and parole district
supervisor for monitoring purposes.
6. State Police Barracks
a. Offender must be specifically requested by state
police.
b. Offenders found guilty of escape or attempted
escape by a court or institution disciplinary board within the
past seven years are ineligible.
c. Persons who are currently under and/or who have
demonstrated a need for intensive medical treatment
(physically or psychologically) are ineligible. At the time
treatment has been completed, and such termination of
services has been documented by competent medical staff,
persons may then be considered as eligible for transfer.
d. Persons who have demonstrated an overtaggressive
pattern of homosexual behavior, to the extent that
it would disrupt the smooth daily operation of the institution,
are ineligible. Evidence must be documented and of a
firsthand rather than of a hearsay nature.
e. Persons serving life sentences will not be eligible
unless there is a demonstrated need by the institution for the
skill of the offender. Such an offender must meet all other
requirements.
G. Protection. Before transferring an offender to
protective status at Wade Correctional Center, the warden at
the institution of assignment must certify, in writing, to the
Office of Adult Services, the reasons as to why adequate
protection cannot be provided at said institution or any other
unit within the Department of Public Safety and Corrections,
Corrections Services. Upon receipt of the warden's
assessment, the administrator of classification at
headquarters will review and certify to the assistant secretary
for adults why the offender needs to be protected and should
be placed in protective status.
H. Detainers
1. Detainers for traffic violations, court costs, criminal
neglect of family and fines will not disqualify an inmate for
assignment to any facility for which he is otherwise eligible.
However, all other misdemeanor detainers shall serve to
disqualify maintenance candidates only.
2. A detainer for a felony which a conviction could
result in a sentence that would disqualify the inmate from
assignment to a certain security class should serve to
disqualify the inmate from that assignment, in fact.
3. A detainer for a concurrent sentence which is
shorter than the sentence which the inmate is serving within
the Department of Public Safety and Corrections,
Corrections Services, should be disregarded unless the
sentence itself changes the inmate's security class.
I. Escapes
1. An escape other than the returning late from a pass
from any Department of Public Safety and Corrections,
Corrections Services' facility shall result in assignment to at
least one higher security class;
2. A documented aggravated escape from a
department facility or any penal institution within the past
seven years should require the classification of an inmate as
maximum security; and
3. A documented history of nonaggravated escapes
totaling more than two would result in classification of an
inmate as maximum security and as a high escape risk.
J. Cancellation. This regulation supersedes Department
Regulation Number 30-14 dated January 20, 1984, and will
not operate to require the transfer of any offender who was
transferred to a facility for which he does not now qualify,
provided he was transferred to that facility prior to February
20, 1985.
1May not be waived (R.S. 15:1062).
2May not be waived (R.S. 15:893.1).
AUTHORITY NOTE: Promulgated in accordance with R.S.
15:824,15:832, 15:893.1,15:1062.
HISTORICAL NOTE: Promulgated by the Department of
Public Safety and Corrections, Corrections Services, Office of
Adult Services, LR 10:4 (January 1984), amended LR 11:105
(February 1985).

I CAN VOTE WHEN I AM RELEASED AND I WILL!!!!!