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Derrick's Incarceration

DOC RULES FOR ADULT 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

VIOLATIONS / HEARINGS / LOSS OF GOOD TIME / APPEAL

Subchapter B. Disciplinary Rules and
Procedures for Adult Offenders
341. Preface
A. This book of disciplinary rules and procedures
constitutes clear and proper notice of same for each adult
inmate sentenced to the Department of Public Safety and
Corrections.
B. This book rescinds and supersedes the "Disciplinary
Rules and Procedures for Adult Inmates" dated February 15,
1993 (as amended) and appeal decisions rendered pursuant
to those rules and procedures.
AUTHORITY NOTE: Promulgated in accordance with R.S.
15:823, Wolff v. McDonnell, 94 S.Ct. 2963 (1974), Ralph v. Dees,
C.A. 71-94, USDC (Md. La.) and Sandin v. Conner, 115 S.Ct. 2293
(1995).
HISTORICAL NOTE: Promulgated by the Department of
Corrections, Office of Adult Services, LR 27:413 (March 2001).
343. Forward
A. The "Disciplinary Rules and Procedures for Adult
Inmates" are established to help provide structure and
organization for the prisons, and a framework within which
the inmate population can expect the disciplinary system to
function. They must be followed at all adult and contract
facilities.
B. These rules, regulations, and procedures may only be
changed by the Secretary of the Department of Public Safety
and Corrections.
C. An inmate is only entitled to a due process hearing or
other application of these procedures when loss of good time
is involved. Otherwise, utilization of these procedures does
not constitute the granting of any enforceable right or
privilege to any inmate.
D. There are certain classification or other actions which
may be taken that effect an inmate's custody status, job
classification, housing assignment, institutional assignment
and/or ability to participate in institutional programs or
activities for which an inmate may expect routine change
during the course of his incarceration. Such changes may
result from classification decision making activity to
promote institutional security or other legitimate institutional
goals, or the imposition of other disciplinary penalties. Such
changes may not be disciplinary penalties in and of
themselves. In addition, any similar changes which result
from the action of other department regulations and
institutional policies are not considered penalties in the
context of the disciplinary process.
E. In the event of a genuine emergency, such as a serious
disturbance disrupting normal operations or a natural
disaster, the secretary or his designee may suspend any and
all disciplinary rules and procedures for the duration of the
emergency. Full hearings must be held within a reasonable
time after the end of the emergency for those inmates who
were subject to loss of good time.
AUTHORITY NOTE: Promulgated in accordance with R.S.
15:823, Wolff v. McDonnell, 94 S.Ct. 2963 (1974), Ralph v. Dees,
C.A. 71-94, USDC (Md. La.) and Sandin v. Conner, 115 S.Ct. 2293
(1995).
HISTORICAL NOTE: Promulgated by the Department of
Corrections, Office of Adult Services, LR 27:414 (March 2001).
345. Definitions
Administrative Segregation―a temporary holding area,
preferably a cell, where inmates are held whose continued
presence in the general population poses a threat to life,
property, self, staff, other inmates, the security or orderly
running of the institution, or who are the subject of an
investigation. In addition, inmates who are pending transfer
to another institution or pending assignment or reassignment
within an institution may be held in
administrative segregation. (Refer to 347.B, Disciplinary
Procedures―Administrative Segregation Guidelines.)
Appeal―a request by an inmate for review of a
disciplinary decision. (Refer to 363, "Appeals.")
Attempt―when an inmate has an intent to violate these
disciplinary rules, whether or not he actually does something
toward violating the rule.
Classification―a process for determining the needs and
requirements of those for whom confinement has been
ordered and for assigning them to housing units, work
assignments, and programs according to their needs and
existing resources. Classification board actions, even if
resulting from an incident handled in the disciplinary
process, are not disciplinary sanctions.
Confidential Informant―person whose identity is not
revealed to the accused inmate but who provides an
employee(s) with information concerning misbehavior or
planned misbehavior.
Conspiracy―two or more persons working in
combination for the specific purpose of violating any
disciplinary rule.
Counsel and Counsel Substitutes―counsel is an attorney
at law of the inmate's choice who must be retained by the
inmate. Counsel substitutes are persons not admitted to the
practice of law, but inmates who aid and assist, without cost,
an accused inmate in the preparation and presentation of his
defense and/or appeal. Counsel substitutes are only those
inmates appointed by the warden, or his designee. (Refer to
347.C, Disciplinary Procedures―Counsel Substitutes.)
Custody―the type of housing and the level of supervision
required for an inmate. Custody assignments will reflect
public safety as the first priority, staff and inmate safety
within the institution as the second priority, and then
institutional or inmate need.
Disciplinary Detention/Extended Lockdown―maximum
security area for confining inmates. (Refer to 347.F,
Disciplinary Procedures―Disciplinary Detention/Extended
Lockdown.)
Disciplinary Detention/Isolation―a punitive holding area
where inmates are temporarily confined in a restricted
situation after being so sentenced by the disciplinary board.
(Refer to 347.G, Disciplinary Procedures―Disciplinary
Detention/ Isolation.)
Disciplinary Report―a report on the approved form filed
by an employee who has reason to believe that an inmate(s)
has violated one or more disciplinary rules. Disciplinary
reports may be heard by the disciplinary officer or the
disciplinary board.
Hearings―a fair and impartial review conducted by the
disciplinary officer or the disciplinary board.
Investigation Report―a report submitted for disposition
to the disciplinary board detailing the facts uncovered in an
investigation.
Maximum Custody―assignment of an inmate to a cell
based upon the need to protect the inmate, other inmates, the
public, staff, or the institution. This includes administrative
segregation, disciplinary detention/extended lockdown and
working cellblocks and may include protective
custody/extended lockdown. Movements inside the secure
perimeter of a facility by maximum custody inmates are
closely monitored by staff and may include the utilization of
restraints in accordance with institutional policy. Movement
outside of a secure perimeter is accomplished only under
armed supervision or when appropriately restrained or
otherwise secured.
Medium Custody―generally, assignment of an inmate to a
dormitory housing area. Movement outside of a secure
perimeter is accomplished only under armed supervision or
when appropriately restrained or otherwise secured.
Institutional procedure governs internal movement controls.
Minimum Custody―generally, assignment of an inmate to
a dormitory housing area. Movement outside of a secure
perimeter is usually authorized without armed supervision or
restraint. Institutional procedure governs the level of staff
supervision when outside the secure perimeter, as well as
internal movement controls.
Posted Policy―as used herein, applies to policy
memorandums detailing what behavior is required or
forbidden of inmates and generally reflects the individual
needs of the facility―such as, but not limited to, count
procedure, off-limits areas and ID Card policy. Posted
policies must be distributed and posted in such a manner that
inmates are placed on notice as to what behavior is required
or forbidden, and the actions that may be taken should the
policy be violated. (See Department Regulation No. C-01-
006 "Institutional Policies/Procedures and Inmate Posted
Policies.")
Protective Custody\Extended Lockdown―a classification
utilized when an inmate has a verifiable need for protection.
(Refer to 347.F, Disciplinary Procedures―Protective
Custody/Extended Lockdown.)
Sanction―a disciplinary penalty.
Security―the physical construction characteristics of the
facility in terms of perimeter security, building construction
type, and internal movement controls.
Segregation―generic term used to encompass
administrative segregation, protective custody, and
disciplinary detention.
Working Cellblock―a form of maximum custody
distinguished by access to work and other programs
consistent with security restrictions and institutional
procedures.
NOTE: The pronouns "he" and "his" as used herein are for
convenience only and are not intended to discriminate against
female employees or inmates. Additionally, "employee" as
used herein refers not only to an employee of the Department
of Public Safety and Corrections, but also to any individual
having the authority to exercise supervision over an inmate
(such as, but not limited to, a teacher, an employee of a
contractor, etc.).
AUTHORITY NOTE: Promulgated in accordance with R.S.
15:823, Wolff v. McDonnell, 94 S.Ct. 2963 (1974), Ralph v. Dees,
C.A. 71-94, USDC (Md. La.) and Sandin v. Conner, 115 S.Ct. 2293
(1995).
HISTORICAL NOTE: Promulgated by the Department of
Corrections, Office of Adult Services, LR 27:414 (March 2001).
347. Disciplinary Procedures
A. General Segregation Guidelines―Mental Health. A
mental health professional (as defined by the designated
health care authority at the institution), must document a
personal interview with any inmate who remains in
administrative segregation, protective custody, or
disciplinary detention for more than 30 consecutive days. A
mental health assessment must be made at least every three
months thereafter if confinement is continuous.
B. Administrative Segregation Guidelines. An inmate
whose continued presence in the general population poses a
threat to life, property, self, staff, other inmates, or to the
security or orderly running of the institution, or who is the
subject of an investigation, may (with the approval of the
highest ranking supervisor on duty in the unit where the
incident occurred or the shift supervisor), be placed in
administrative segregation until his appearance before the
disciplinary board or classification board. The supervisor,
before the conclusion of his tour of duty, will review
documentation for completeness, correctness, and
investigate as needed to confirm the reasonableness of the
allegation or circumstances prompting placement.
1. Inmates pending possible transfer to another
facility, or pending assignment or re-assignment within an
institution, may be held in administrative segregation.
Inmates in administrative segregation pending such transfer
will be entitled only to privileges allowed other inmates in
administrative segregation.
2. Upon the request of an inmate or after review by
appropriate institutional staff, an inmate may be placed in
administrative segregation for his protection and/or the
protection of others until the disciplinary officer/disciplinary
board or classification board can review the circumstances
and recommend appropriate action.
3. Time spent in administrative segregation must be
credited against disciplinary detention/isolation or extra duty
sentences even when the sentence is suspended. Credit will
not be given for time spent in administrative segregation on
a request for protection or while awaiting transfer to another
area.
4. Inmates in administrative segregation shall be
allowed to receive all correspondence and to originate
correspondence. Inmates in administrative segregation will
be allowed visits; clean clothing on a scheduled basis;
toothbrush and toothpaste; sufficient heat; light; ventilation;
toilet facilities; and the same meals as other inmates. The
status of inmates in administrative segregation should be
reviewed by an appropriate review board at least every seven
days for the first two months and every 30 days thereafter.
C. Counsel Substitutes. Behavior of counsel substitutes
and legal aid office workers must be above reproach. A job
change is mandatory following conviction of a serious
offense. Counsel substitutes are not required to file appeals
but should inform the inmate who wants to appeal of the
proper way to file. They may be removed from their
positions if the warden or his designee believes it
appropriate. No inmate (counsel substitute or not) can sell or
trade for value legal services of any sort. Inmates who are
not counsel substitutes may not provide services to other
inmates without the approval of the warden or his designee.
D. Disciplinary Board. A properly composed board will
consist of two people, a duly authorized chairman, and a
duly authorized member, each representing a different
element (security, administration, or treatment.) The
chairman must be approved by the secretary or his designee.
The member must be approved by the warden or his
designee. Decisions must be unanimous. If the decision is
not unanimous, the case is automatically deferred for referral
to a different disciplinary board. If the second decision is not
unanimous, then a finding of not guilty is appropriate.
Hearings shall be held within seven days of the date of the
report, excluding weekends and holidays, for those inmates
not placed in administrative segregation, unless the hearing
is prevented by exceptional circumstances, unavoidable
delays, or reasonable postponements. Reasons for all delays
should be documented.
E. Disciplinary Officer/Low Court Hearing. A ranking
security officer (Lieutenant or above) or any supervisory
level employee from administration or treatment appointed
by the warden who conducts hearings of minor violations
and who may impose only minor sanctions. Any disciplinary
officer directly involved in the incident or who is biased for
or against the accused cannot hear the case unless the
accused waives recusal. Performance of a routine
administrative duty does not necessarily constitute "direct
involvement" or "bias." At these hearings, the accused
inmate represents himself and is given full opportunity to
speak in his own behalf. The presence of counsel substitutes,
witnesses, or the accusing employee is not permitted. These
hearings are not taped. Hearings shall be held within seven
days of the date of the report, excluding weekends and
holidays, for those inmates not placed in administrative
segregation, unless the hearing is prevented by exceptional
circumstances, unavoidable delays, or reasonable
postponements. Reasons for all delays should be
documented. The disciplinary officer may also hear inmates
who have signed written requests for protection and may
recommend appropriate action.
F. Disciplinary Detention/Extended Lockdown
1. An indeterminate period of lockdown characterized
by routine 90 day classification reviews to determine
eligibility/suitability for release from this status. This type of
segregation is used primarily after a disciplinary hearing for
an inmate found guilty of violating one or more serious
rules, or of being dangerous to himself or others, or of being
a serious escape risk, or of posing a clear threat to the
security of the facility. A classification board hearing is
sufficient for an inmate who is initially classified as
maximum custody.
2. Inmates in disciplinary detention/extended
lockdown will be reviewed by an appropriate review board
for possible release to a less restricted status approximately
every 90 days.
G. Disciplinary Detention/Isolation
1. A determinate period of lockdown that is
characterized by a limit of 10 consecutive days without a 24
hour break or no more than 20 days in a 30 day period. After
10 consecutive days in disciplinary detention/isolation, the
inmate must be released for a period of time not less than 24
hours. no inmate may be confined in disciplinary
detention/isolation except by action of the disciplinary board
on the basis of a disciplinary report.
2. Inmates in disciplinary detention/isolation shall be
allowed to receive all correspondence and to originate
correspondence. Inmates in disciplinary detention/isolation
will be allowed: visits; clean clothing on a scheduled basis;
toothbrush and toothpaste; sufficient heat; light; ventilation;
toilet facilities; and the same meals as other inmates.
H. Protective Custody/Extended Lockdown
1. Utilized for an inmate in need of protection. A
disciplinary board or classification board hearing is not
necessary when an inmate has signed a written request for
protection and is transferred to protective custody/extended
lockdown by the disciplinary officer/disciplinary board or
classification board.
2. Inmates in protective custody/extended lockdown
should be reviewed by an appropriate review board for
possible release to a less restricted status at least every seven
days for the first two months and every 30 days thereafter.
I. Working Cellblock. An indeterminate period of
assignment to a maximum custody status characterized by
access to work and other programs consistent with security
restrictions and institutional procedures. Classification
reviews are utilized to determine eligibility/suitability for
release from this status. This type of assignment is used
primarily after a disciplinary hearing for an inmate found
guilty of violating one or more serious rules, or of being
dangerous to himself or others, or of being a serious escape
risk, or of being in need of protection, or of posing a clear
threat to the security of the facility. A classification board
hearing is sufficient for an inmate who is initially classified
as maximum custody.
AUTHORITY NOTE: Promulgated in accordance with R.S.
15:823, Wolff v. McDonnell, 94 S.Ct. 2963 (1974), Ralph v. Dees,
C.A. 71-94, USDC (Md. La.) and Sandin v. Conner, 115 S.Ct. 2293
(1995).
HISTORICAL NOTE: Promulgated by the Department of
Corrections, Office of Adult Services, LR 27:415 (March 2001).
349. Hearings
A. Disciplinary Board. Before the hearing can begin,
accused inmates must acknowledge that they are familiar
with their rights as follows:
1. the right to present evidence and witnesses in his
behalf and to request cross-examination of the accuser,
provided such requests are relevant, not repetitious, not
unduly burdensome to the institution, or not unduly
hazardous to staff or inmate safety. (The board has the
option of stipulating expected testimony from witnesses. In
such a case, the board should assign proper weight to such
testimony as though the witness had actually appeared.) The
accusing employee must be summoned when the report is
based solely on information from confidential informants;
2. the right to counsel substitute for all alleged
violations. The right to outside retained counsel only when
the alleged violation is one for which the inmate could also
be charged in a criminal court, e.g., possession of illegal
drugs, rape, aggravated battery, etc.;
3. the right to not be compelled to incriminate
himself;
4. the right to a written summary of the evidence and
reasons for the judgment, including reasons for the sentence
imposed, when the accused pled not guilty and was found
guilty. (This will usually appear on the finalized report.) The
convicted inmate will automatically be given or sent a
written summary;
5. the right to appeal consistent with the appeal
procedure as outlined;
6. the right to a hearing within 72 hours of placement
in administrative segregation. Official holidays, weekends,
genuine emergencies, or good faith efforts by the
administration to provide a timely hearing are the only
exceptions. When it is not possible to provide a full hearing
within 72 hours of placement in administrative segregation,
the accused must be brought before the board, informed of
the reasons for the delay, and be remanded back to
administrative segregation or released to his quarters after a
date for a full hearing has been set;
7. the right to an unbiased hearing. Any
chairman/member directly involved in the incident, who is
biased for or against the accused, or who is in a therapeutic
relationship with the inmate that would be jeopardized by
the therapist's presence on the disciplinary board, cannot
hear the case unless the accused waives recusal.
Performance of a routine administrative duty does not
necessarily constitute "direct involvement" or "bias;" and
8. the right to be given a written copy of the
disciplinary report at least 24 hours before the hearing
begins which describes the charges against the inmate
(unless waived by him in writing.)
B. Conduct of the Hearing. All rights and procedural
requirements must be followed unless waived by the
accused. Disciplinary board hearings must be tape -recorded
in their entirety, and the tapes preserved indefinitely for
subsequent judicial review. Hearings will generally be
conducted as follows:
1. inmates who do not choose to be present can sign a
waiver, which shall be read into the tape. Counsel substitute
shall represent him. The same applies to disruptive inmates
who refuse to cooperate. If the inmate refuses to sign a
waiver, one shall be prepared and his refusal noted with two
witnesses. In either case, the disciplinary chairman should
also sign the waiver;
2. the accused enters his name and number into the
record (the tape) as does his counsel or counsel substitute (if
any) and confirms that he understands his rights. During the
hearing, the accuser should only be present to testify. He
may never be present during deliberations;
3. the chairman reads the disciplinary report to the
accused and asks for a plea. Available pleas are not guilty or
guilty. Should the accused attempt to enter an unavailable
plea or refuse to enter a plea, the chairman will enter a not
guilty plea for him and proceed with the case;
4. preliminary motions, if any, by the defense should
now be made. Such motions must be raised at the first
opportunity or be considered waived and may include:
a. dismissal of the charge(s);
b. continuance (inmates are not entitled to a
continuance to secure counsel unless they are charged with a
violation which is also a crime under state law. Only one
continuance need be granted unless new information is
produced. Therefore, all requests (to face accuser, call
witness, etc.) must be made at once. A motion due to lack of
24-hour notice must be made at this time, including any
challenge to the waiver of the 24-hour notice rule having not
been made in writing.);
c. investigation;
d. any other appropriate motions;
5. the board should rule on motions at the appropriate
time and should give reasons for the ruling;
6. after entering his plea and motions, if any, the
accused may present his defense. The board may ask
questions of the accused, his witnesses, and/or his accuser;
7. during deliberations, everyone except the board, the
bailiff, and any official observers must leave the room, and
the board will decide the case on the basis of the evidence
presented at the hearing. Official observers must not take
part in the hearing or the deliberations. The bailiff cannot
participate in deciding the case or the sentence, and must not
participate in the hearing at all when he is the accusing
employee, unless he is summoned to testify under crossexamination.
The accused's record may be examined to
discover a pattern of similar misbehavior or a pending
suspended sentence. The record may be examined in order to
determine an appropriate sentence; and
8. following the deliberations, the chairman will
announce the verdict. If the verdict is guilty, the chairman
will then announce the sentence. The board has full authority
to suspend any sentence they impose for a period of up to 90
days.
AUTHORITY NOTE: Promulgated in accordance with R.S.
15:823, Wolff v. McDonnell, 94 S.Ct. 2963 (1974), Ralph v. Dees,
C.A. 71-94, USDC (Md. La.) and Sandin v. Conner, 115 S.Ct. 2293
(1995).
HISTORICAL NOTE: Promulgated by the Department of
Corrections, Office of Adult Services, LR 27:416 (March 2001).
351. Correcting Disciplinary Reports
A. A reviewing employee may change the rule number to
fit the description prior to the hearing, but should ensure that
the accused gets a corrected copy of the report at least 24
hours before the hearing begins. Rule number(s) may be
added if the offense is clearly described on the report. An
incident may consist of several related events; however, each
separate and distinct rule violation should be processed
independently in the disciplinary system.
B. Before the hearing begins, the board may change the
rule number to match the description of alleged misbehavior,
if necessary, and also may change the rule number at any
point prior to the deliberations, but should offer the accused
a continuance to prepare the defense. It is the description of
the conduct and not the rule number which determines the
offense. The continuance may be waived and does not
necessarily need to be for 24 hours.
C. Evidence. The disciplinary board shall carefully
evaluate all evidence presented or stipulated. When the
disciplinary report is based solely on information from a
confidential informant, or from an inmate whose identity is
known, it must be corroborated by witnesses (who may be
other confidential informants), the record, or other evidence.
The only time the accusing employee must be summoned for
cross-examination is when the report is based solely on
information from confidential informants. In order for the
accuser to attest to the reliability of the information received
from a confidential informant, the informant must not have
been unreliable in the past and must have legitimate
knowledge of the present incident(s).
AUTHORITY NOTE: Promulgated in accordance with R.S.
15:823, Wolff v. McDonnell, 94 S.Ct. 2963 (1974), Ralph v. Dees,
C.A. 71-94, USDC (Md. La.) and Sandin v. Conner, 115 S.Ct. 2293
(1995).
HISTORICAL NOTE: Promulgated by the Department of
Corrections, Office of Adult Services, LR 27:417 (March 2001).
355. Sanctions
A. Sentences must fit the offense and the offender. An
inmate with a poor conduct record may receive a more
severe sentence than an inmate with a good conduct record
for the same offense. Even so, serious offenses call for
serious penalties. An inmate who violates more than one rule
or the same rule more than once during an incident may
receive a permissible sanction for each violation. After a
finding of guilt for a new violation, a previously suspended
sentence may be imposed as well as a new sentence. State
and federal criminal laws apply to inmates. In addition to
being sanctioned by prison authorities, inmates may also be
prosecuted in state or federal court for criminal conduct.
Restitution imposed in accordance with Department
Regulation No. B-05-003 "Imposition of Restitution" is not a
disciplinary penalty and may be assessed in addition to all
other permissible penalties.
B. An inmate who has established a documented pattern
of behavior indicating that he is dangerous to himself or
others is a habitual offender. This includes an inmate who
has been convicted of three major violations or a total of five
violations in a six month period. Major violations are
Schedule B offenses. A habitual offender may receive
Schedule B penalties following conviction of a Schedule A
offense when he has established a documented pattern of
hostile or disruptive behavior as defined above.
AUTHORITY NOTE: Promulgated in accordance with R.S.
15:823, Wolff v. McDonnell, 94 S.Ct. 2963 (1974), Ralph v. Dees,
C.A. 71-94, USDC (Md. La.) and Sandin v. Conner, 115 S.Ct. 2293
(1995).
HISTORICAL NOTE: Promulgated by the Department of
Corrections, Office of Adult Services, LR 27:417 (March 2001).
357. Penalty Schedule―Disciplinary Report (Heard
by Disciplinary Officer)
A. After a finding of guilt, the disciplinary officer may
impose one or two of the penalties below for each violation:
1. reprimand;
2. extra duty―up to four days for each violation;
3. loss of minor privilege for up to two weeks.
B. Extra duty is defined as work to be performed in
addition to the regular job assignment as specified by the
proper authority. One day of extra duty is eight hours of
work.
C. Minor privileges are:
1. radio and/or TV;
2. recreation and yard activities;
3. telephone (except for emergencies and legal);
4. movies;
5. canteen;
6. any other similar privilege.
AUTHORITY NOTE: Promulgated in accordance with R.S.
15:823, Wolff v. McDonnell, 94 S.Ct. 2963 (1974), Ralph v. Dees,
C.A. 71-94, USDC (Md. La.) and Sandin v. Conner, 115 S.Ct. 2293
(1995).
HISTORICAL NOTE: Promulgated by the Department of
Corrections, Office of Adult Services, LR 27:418 (March 2001).
359. Penalty Schedule―Disciplinary Report (Heard
by Disciplinary Board)
A. After a finding of guilt, the disciplinary board may
impose one or two of the penalties below:
1. Schedule A:
a. reprimand;
b. loss of minor privilege for up to four weeks;
c. extra duty―up to four days for each violation;
d. disciplinary detention/isolation―up to five days
for each violation;
e. forfeiture of good time―up to a maximum of 30
days for each violation;
f. quarters change;

g. job change;
h. confinement to room or cell for up to 14 days
(this does not exclude participation in work, meals, medical
or other essential call-outs).
2. Schedule B:
a. reprimand;
b. loss of minor privilege for up to 12 weeks, unless
violation involved abuse of that privilege, then up to 24
weeks;
c. confinement to room or cell for up to 30 days
(this does not exclude participation in work, meals, medical,
or other essential call-outs);
d. extra duty―up to 8 days for each violation;
e. disciplinary detention/isolation―up to 10 days
for each violation;
f. forfeiture of good time―up to a maximum of
180 days for each violation;
g. quarters change;
h. job change;
i. loss of hobbycraft―up to 12 months (at the
discretion of the warden or his designee, based upon the
length of the sentence, this penalty may include loss of the
hobbycraft box assignment, in such cases, the inmate would
not be eligible to apply for resumption of this privilege until
after the sentence has been served.) Loss of hobbycraft
privileges that result from custody status changes,
classification actions, housing or institutional assignment
changes, other changes that may routinely occur during the
course of incarceration, or the imposition of other
disciplinary penalties are not to be considered as a "loss of
hobbycraft" sanction in the context of the disciplinary
process;
j. custody change from minimum to medium
custody status. (Imposition of this sanction may include
transfer to another institution.) Any quarters change, job
change, or other changes that may result from imposition of
this sanction are not a separate penalty for purposes of this
Section unless expressly indicated as a sanction;
k. custody change from minimum or medium
custody status to maximum custody status (working
cellblock or disciplinary detention/extended lockdown.)
(imposition of this sanction may include transfer to another
institution.) Any quarters change, job change, or other
changes that may result from imposition of this sanction are
not a separate penalty for purposes of this Section unless
expressly indicated as a sanction;
l. loss of visiting, if the violation involves visiting,
to be reviewed by the warden or his designee every 90 days;
(restrictions relative to non-contact versus contact visiting
are governed by Department Regulation No. C-02-008
"inmate visitation" and are not considered disciplinary
penalties);
m. loss of incentive wages for up to one year.
AUTHORITY NOTE: Promulgated in accordance with R.S.
15:823, Wolff v. McDonnell, 94 S.Ct. 2963 (1974), Ralph v. Dees,
C.A. 71-94, USDC (Md. La.) and Sandin v. Conner, 115 S.Ct. 2293
(1995).
HISTORICAL NOTE: Promulgated by the Department of
Corrections, Office of Adult Services, LR 27:418 (March 2001),
amended LR 28:94 (January 2002), repromulgated LR 28:1797
(August 2002).
361. Penalty Clarifications
A. Good Time. An inmate is presumed to have earned his
good time for the month on the first day of the month and
may forfeit such good time at any point during the month.
B. Suspended Sentences. The disciplinary officer or the
disciplinary board may suspend any sentence they impose
for a period of up to 90 days. The period of suspension
begins on the date of sentence. When the time period has
expired, the report itself remains a part of the record,
although the sentence may no longer be imposed.
AUTHORITY NOTE: Promulgated in accordance with R.S.
15:823, Wolff v. McDonnell, 94 S.Ct. 2963 (1974), Ralph v. Dees,
C.A. 71-94, USDC (Md. La.) and Sandin v. Conner, 115 S.Ct. 2293
(1995).
HISTORICAL NOTE: Promulgated by the Department of
Corrections, Office of Adult Services, LR 27:418 (March 2001).
363. Appeals
A. Appeals to the Disciplinary Board. An inmate who
wants to appeal a case heard by the disciplinary officer ("low
court") must appeal to the disciplinary board ("high court.")
As soon as the sentence is passed, the inmate who wants to
appeal must clearly say so to the disciplinary officer who
will then automatically suspend the sentence and schedule
the case for the disciplinary board. The appeal hearing
before the disciplinary board is a full hearing the same as
any other hearing conducted by the board. The disciplinary
board cannot upgrade the sanction imposed by the
disciplinary officer. The appeal to the disciplinary board will
be the final appeal in a case heard by the disciplinary officer.
No other appeals are allowed. The appeal from the
disciplinary officer to the disciplinary board will constitute
the final administrative remedy regarding the disciplinary
decision. Decisions rendered by the disciplinary officer and
appealed to the disciplinary board may not be appealed to
the warden or to the secretary.
B. Appeals to the Warden
1. An inmate who wants to appeal a case heard by the
disciplinary board ("high court") must, in all cases, appeal to
the warden. The inmate may appeal himself or through
counsel or counsel substitute. In either case, the appeal must
be received within 15 days of the hearing. The appeal should
be clearly written or typed on Form AF-1. If the form is not
available, the appeal may be on plain paper but should
contain the information called for on the form. The warden
will decide all appeals within 30 days of the date of receipt
of the appeal and the inmate will be promptly notified in
writing of the results (unless circumstances warrant an
extension of that time period and the inmate is notified
accordingly).
2. Lengthy appeals of disciplinary actions will not be
accepted into the appeals process. It is necessary only that
the inmate provide basic factual information regarding his
case. Appeals that are too long will be returned to the inmate
for summarization. The inmate will have five days from
receipt to comply with the instructions and resubmit. It is
important to remember that abuse of the system impairs our
ability to respond to legitimate problems in a timely fashion.
C. Appeals to the Secretary
1. An inmate who wants to appeal the decision of the
warden to the secretary will indicate that he is "not satisfied"
in the appropriate box on the Warden's "Appeal Decision"
(Form AF-2) and submit it to the ARP screening officer, (or,
in some units, the Warden's Office). The form must be
submitted within five days of its receipt by the inmate. No
supplement to the appeal will be considered. It is only
necessary that the inmate check the box indicating "I am not
satisfied," date, sign, and forward to the appropriate person.
The inmate will receive an acknowledgment of receipt and
date forwarded to the secretary's office. The institution will
provide a copy of the inmate's original appeal to be attached
to the Form AF-2 for submission to the secretary.
2. The secretary will only consider appeals from
decisions of the warden which resulted in an imposed or
suspended sentence of one or more of the following
penalties:
a. disciplinary detention/isolation;
b. loss of good time;
c. custody change from minimum to medium only
if it involves transfer to another institution;
d. custody change to maximum custody.
3. In addition, all "restitution" assessments may be
submitted to the secretary for review.
4. The secretary will decide all appeals within 85 days
of the date of receipt of the appeal and the inmate will be
promptly notified in writing of the results (unless
circumstances warrant an extension of that time period and
the inmate is notified accordingly). Absent unusual
circumstances, the secretary will only consider review of the
sentence of an inmate who pled guilty.
AUTHORITY NOTE: Promulgated in accordance with R.S.
15:823, Wolff v. McDonnell, 94 S.Ct. 2963 (1974), Ralph v. Dees,
C.A. 71-94, USDC (Md. La.) and Sandin v. Conner, 115 S.Ct. 2293
(1995).
HISTORICAL NOTE: Promulgated by the Department of
Corrections, Office of Adult Services, LR 27:419 (March 2001).
365. Disciplinary Rules
A. An inmate found guilty of violating one or more of
the rules defined below will be punished according to the
penalty schedule designated in the rule and the type of
hearing provided.
B. Contraband (Schedule B). No inmate shall have under
his immediate control any drugs (such as, but not limited to,
heroin, LSD, amphetamines, barbiturates, marijuana),
unauthorized medication, alcoholic beverage, yeast, tattoo
machine, or tattoo paraphernalia, syringe, weapon (such as,
but not limited to, firearm, knife, iron pipe), or any other
item not permitted by department regulation or institutional
posted policy to be received or possessed, or any other item
detrimental to the security of the facility, or smuggle or try
to smuggle such items into or out of the facility. Money is
contraband. The area of immediate control is an inmate's
person, his locker(s), his cell, his room, his bed, his laundry
bag, and his assigned job equipment (such as, but not limited
to, his desk, his tool box, or his locker at the job), or the area
under his bed on the floor unless the evidence clearly
indicated that it belonged to another inmate. Contraband
found in a cell shared by two or more inmates will be
presumed to belong to all of them equally. Any inmate who
is tested for and has a positive reading on a urinalysis or
breathalyzer test will be considered in violation of this rule.
An inmate who refuses to be tested or to cooperate in testing
may also be found in violation of this rule, (including being
unable to provide a urine specimen within 3 hours of being
ordered to do so.) Any item not being used for the purpose
for which it was intended will be considered contraband if it
is being used in a manner that is clearly detrimental to the
security of the facility.
C. Unauthorized Items (Schedule A). This distinguishes
between contraband items that are detrimental to the security
of the facility and those that are not authorized but clearly
not detrimental to the safety and security of the facility.
D. Defiance (Schedule B). No inmate shall commit or
threaten physically or verbally to commit bodily harm upon
an employee, visitor, guest or their families. This includes
throwing or attempting to throw any object, liquid, or
substance, or spitting, or attempting to spit on an employee,
visitor, guest or their families. No inmate shall curse or
insult an employee, visitor, guest or their families. No
inmate shall threaten an employee, visitor, guest or their
families in any manner, however, an inmate may advise an
employee of planned legal redress even during a
confrontational situation (although an inmate's behavior in
such a situation shall not be disrespectful or violate any
other disciplinary rule.) No inmate shall obstruct or resist an
employee who is performing his proper duties. No inmate
shall try to intimidate an employee to make the employee do
as the inmate wants him to do. An employee, visitor, guest or
their families shall not be subject to abusive conversation,
correspondence, phone calls, or gestures. R.S. 15:571.4 and
Department Regulation No. B-04-005 "Forfeiture of Good
Time from Inmates who Escape or Commit Battery on an
Employee" may provide for forfeiture of good time in
addition to the provisions of these procedures.
E. Disobedience (Schedule A). Inmates must obey the
posted policies for the facility in which they are confined.
They must obey signs or other notices of restricted activities
in certain areas, safety rules, or other general instructions.
The only valid excuse for disobedience or aggravated
disobedience is when the immediate result of obedience
would be bodily injury (this includes incapacity by virtue of
a certified medical reason).
F. Disobedience, Aggravated (Schedule B). Inmates
must obey direct verbal orders cooperatively and promptly;
not debate, argue, or ignore them before obeying. When
orders conflict, the last order received must be obeyed. Even
orders the inmate believes improper must be obeyed;
grievances must be pursued through proper channels.
Sentences imposed by the disciplinary officer or the
disciplinary board are to be carried out by the inmate.
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 be 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. Inmates shall not jump
ahead or cut into lines at the store, movie, mess hall, or
during group movements of inmates. Visitors and guests
shall be treated courteously and not be subjected to
disorderly or intrusive conduct. Inmates 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. Inmates shall address employees, visitors, guests,
or their families by proper title or by "Mr.," "Ms.," "Miss,"
or "Mrs." whichever is appropriate.
I. Escape (Schedule B). An escape or attempt to escape
from the grounds of an institution or from the custody of an
employee outside a facility, successful or not, or the failure
to return from a furlough is a violation. R.S. 15:571.4 and
Department Regulation No. B-04-005 "Forfeiture of Good
Time from Inmates who Escape or Commit Battery on an
Employee" may provide for forfeiture of good time for
aggravated escape or simple escape in addition to the
provisions of these procedures. [R.S. 14:110A.(2) provides
for additional conditions under which an inmate in work
release status may be charged under this rule.]
J. Fighting (Schedule B)
1. 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. If an
inmate is found guilty of this violation, restitution may be
imposed in accordance with Department Regulation No. B-
05-003 "Imposition of Restitution."
2. Self-Defense Clarification: Self-defense is a
complete defense and can be established to the board by
demonstrating that his actions did not exceed those
necessary to protect himself from injury.
K. Fighting, Aggravated (Schedule B)
1. Inmates 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 inmates attack another inmate 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 inmate shall intentionally inflict serious injury or
death upon another inmate. Contact does not necessarily
have to be made for this rule to be violated. If an inmate is
found guilty of this violation, restitution may be imposed in
accordance with Department Regulation No. B-05-003
"Imposition of Restitution."
2. Self-Defense Clarification. Self-defense is a
complete defense and can be established to the board by
demonstrating that his actions did not exceed those
necessary to protect himself from injury.
L. Gambling (Schedule B). No inmate 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 inmate 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.
M. Intoxication (Schedule B). No inmate shall be under
the influence of any intoxicating substance at an institution
or while in physical custody. Returning from a furlough
under the influence of an intoxicating substance is a
violation.
N. Malingering (Schedule B)
1. A qualified medical staff person (as defined by the
institution's designated health care authority) determines that
an inmate has made repeated and frequent complaints at sick
call having little or no merit.
2. A qualified medical staff person (as defined by the
institution's designated health care authority) determines that
an inmate 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.
3. If an inmate is found guilty of this violation,
restitution may be imposed in accordance with Department
Regulation No. B-05-003 "Imposition of Restitution."
O. Property Destruction (Schedule B). No inmate shall
destroy the property of others or of the state. No inmate 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 inmate intended
to destroy the property and/or the degree of negligence
involved may be utilized in defense of the charge. If an
inmate is found guilty of this violation, restitution may be
imposed in accordance with Department Regulation No. B-
05-003 "Imposition of Restitution."
P. Radio/Tape Player Abuse (Schedule A). Radios/tape
players must be used in accordance with the posted policies
of the facility. Violations of posted policies regarding
radios/tape players may be processed under this rule. In
addition to any sanction that may be imposed by the
disciplinary officer or the disciplinary board, the ranking
employee on duty may confiscate the radio/tape player for a
period of up to 30 days. For repeated violations, the
radio/tape player will be confiscated and disposed of in
accordance with Department Regulation No. C-03-007
"Inmate Personal Property List, State Issued Items, etc." The
inmate will not be permitted to have a similar item sent to
him for one year.
Q. Self-Mutilation (Schedule B). No inmate shall
deliberately inflict or attempt to inflict injury upon himself,
upon a consenting inmate, or consent to have an injury
inflicted upon himself. Tattoos, piercing of any parts of the
body, and alterations to teeth are specifically included in this
rule. Not included are obvious suicide attempts.
R. Sex Offenses, Aggravated (Schedule B). Carnal
copulation by two or more inmates with each other, or by
one or more inmates with an implement or animal(s), is not
permitted. Two or more inmates who have obviously been
interrupted immediately before or after carnal copulation are
in violation. The same applies to one or more inmates with
an implement or animal(s). Use of the genital organs of one
of the inmates, regardless of sex, is sufficient to constitute
the offense. Overt sexual activity is not permitted. Inmates
may not participate in any sexual activity with each other.
No inmate shall make sexual remarks, gestures, or sounds,
or make sexual threats in conversation, or by correspondence
or phone calls. No inmate shall deliberately expose the
genital organs and/or masturbate in view of an employee,
visitor, guest, or their families. No inmate shall sexually
assault a person by force or threat of force.
S. Theft (Schedule B). No inmate shall steal from
anyone. Forgery, 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, a form of theft, is the
deliberate misrepresentation of fact to secure material return
and/or special favors or considerations. Any inmate 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 inmate shall have stolen items
under his immediate control. No inmate 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.")
T. Unauthorized Area (Schedule A). An inmate 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 inmate
shall go into any housing unit other than that to which he is
assigned, this includes standing in the doorway, unless he
has permission.
U. Unsanitary Practices (Schedule A). Inmates must not
spit or drop litter or cigarette butts anywhere but into a
proper receptacle. Inmates must not smoke in unauthorized
areas. Inmates must maintain themselves, their clothing, and
their shoes in as presentable a condition as possible under
prevailing circumstances. Each inmate 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. Inmates must wear shoes/boots
and cannot wear shirts that leave the armpits exposed or
shorts into the mess hall, or chew gum in the mess hall.
V. Work Offenses (Schedule A). Inmates must perform
their assigned tasks with reasonable speed and efficiency.
Though inmates have specific job assignments, it may be
required that they do work other than what their job
assignments require; this work shall also be done
cooperatively and with reasonable speed and efficiency.
Being present, but not answering at the proper time at work
roll call is a violation. A school assignment is considered to
be a work assignment for the purposes of this rule.
W. Work Offenses, Aggravated (Schedule B). An inmate
who flatly refuses to work or to go out to work, or who asks
to go to administrative segregation rather than work, is in
violation of this rule, as is an inmate who disobeys repeated
instructions as to how to perform his work assignment.
Hiding out from work or leaving the work area without
permission is a violation. Falling far short of fulfilling
reasonable work quotas is not permitted. Being absent or late
from work roll call without a valid excuse (such as no duty
or callout) is a violation, as is not reporting for extra duty
assignment. Being late to work (includes being late to school
assignment) is a violation. A school assignment is considered
to be a work assignment for the purposes of this rule.
X. Disturbance (Schedule B). No inmate shall create or
participate in a disturbance. No inmate shall incite any other
person to create or participate in a disturbance. A disturbance
is considered as 2 or more inmates involving acts of force or
violence toward persons or property or acts of resistance to
the lawful authority of correctional officers and/or other law
enforcement officers under circumstances which present a
threat of injury to persons, to property, or to the security and
good order of the institution.
Y. General Prohibited Behaviors (Schedule B). The
following behaviors which may impair or threaten the
security or stability of the unit or well-being of an employee,
visitor, guest, inmate or their families are prohibited:
1. strong arming or using threats of violence or
perceived harm or reprisal to secure gain or favor for oneself
or others;
2. directly or indirectly threatening harm to oneself,
(except obvious suicide attempts), another inmate, an
employee, visitor, guest or their families;
3. threatening, planning, conspiring, or attempting to
commit a violation of the rules of behavior for adult inmates
or state or federal laws. Aiding or abetting another inmate
involved in committing a violation of the rules, or state or
federal laws;
4. engaging in non-professional relationships with an
employee, visitor, or guest or other person the inmate may
come in contact with while working on outside crews;
5. trafficking in drugs or alcohol, stolen goods, or
sexual favors;
6. organizing or participating in a scam or similar
behavior;
7. making unsolicited contact or attempted contact
with the victims of one's criminal activity;
8. bribing, influencing, or coercing anyone to violate
institutional policies, procedures, rules, or state or federal
laws, or attempting to do so;
9. giving an employee anything of any value;
10. harassing behaviors conducted via telephone,
correspondence, or other activities;
11. spreading rumors about an employee, visitor, guest,
or inmate;
12. unapproved use of telephones;
13. purchasing or trading for inmate legal or other
services. Performing legal work for another inmate or being
in possession of another inmate's legal work when not
assigned as a counsel substitute or when not approved by the
warden. (It is a violation for any inmate to give or receive
anything of value relative to the provision of paralegal
services.) An inmate may not perform or be in possession of
staff legal work;
14. communicating or visiting with outsiders when not
approved or communicating or visiting with any person after
being given instructions not to communicate or visit with
that person;
15. participating in a loud or boisterous argument or
dispute even when a fight does not ensue;
16. participating in, organizing, or advocating a work
stoppage;
17. making or attempting to make credit purchases;
18. abusing the administrative remedy procedure;
19. belonging to a gang, advocating membership in a
gang, or participating in any gang related activities,
including any form of gang or group identification or
signaling;
20. no inmate shall misrepresent himself to an
employee, visitor, guest or the public;
21. starting or attempting to start a fire and/or
attempting to heat substances utilizing electrical/mechanical
devices or any other means;
22. failing to cooperate with an investigation;
23. any behavior not specifically enumerated herein
that may impair or threaten the security or stability of the
unit or well-being of an employee, visitor, guest, inmate or
their families may still be the subject of a disciplinary report
and all Schedule B penalties except for forfeiture of good
time.
AUTHORITY NOTE: Promulgated in accordance with R.S.
15:823, Wolff v. McDonnell, 94 S.Ct. 2963 (1974), Ralph v. Dees,
C.A. 71-94, USDC (Md. La.) and Sandin v. Conner, 115 S.Ct. 2293
(1995).
HISTORICAL NOTE: Promulgated by the Department of
Corrections, Office of Adult Services, LR 27:419 (March 2001).
367. Notice
A. R.S.15:866.2 provides that any property (including
money) which you leave within the Department of Public
Safety and Corrections for 90 days after your release and to
which you make no claim shall be considered abandoned
and will be disposed of in accordance with the law.
AUTHORITY NOTE: Promulgated in accordance with R.S.
15:823, Wolff v. McDonnell, 94 S.Ct. 2963 (1974) and Ralph v.
Dees, C.A. 71-94, USDC (Md.La.).
HISTORICAL NOTE: Promulgated by the Department of
Corrections, Office of Adult Services, LR 7:6 (January 1981),
repromulgated by the Department of Public Safety and Corrections,
Corrections Services, Office of Adult Services, LR 17:605 (June
1991), LR 19:657 (May 1993).


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