Make your own free website on Tripod.com

Derrick's Incarceration

RISK REVIEW
Home
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

107. Louisiana Risk Review Panel
A. Purpose. To establish the secretary's policy regarding
the formation of the Louisiana Risk Review Panel pursuant
to legislative intent and the provisions R.S. 15:574.22 (Act
403 of the 2001 Regular Session of the Louisiana
Legislature).
B. Applicability. Deputy Secretary, Undersecretary,
Assistant Secretary of the Office of Adult Services, Wardens
of Adult Institutions, Director of Probation and Parole-Adult,
Chairman/Board of Parole, Chairman/Board of Pardons and
administrators of local jail facilities.
C. Panel Composition and Guidelines
1. The secretary hereby creates three regional Risk
Review Panels to be known as the North Louisiana Panel,
(supported by David Wade Correctional Center serving as
the regional state facility), the Central Louisiana Panel,
(supported by David Wade Correctional Center with the
Work Training Facility-North serving as the regional state
facility), and the South Louisiana Panel, supported by the
Elayn Hunt Correctional Center as the regional state
facility.) The secretary shall designate the parishes which
comprise each panel and shall appoint a chairman and a
coordinator for each panel.
2. Each risk review panel shall consist of five
members as follows:
a. the secretary, or his designee, who shall be
chairman;
b. a psychologist (either licensed or working
directly under the supervision of a licensed psychologist),
who shall be authorized and approved by the secretary;
c. the warden (or his deputy) at the state facility
where the inmate is housed or the regional state facility
warden (or his deputy) for inmates housed in local jail
facilities;
d. a retired judge with criminal law experience, who
shall be appointed by the governor; and
e. a probation and parole officer―adult with a
minimum of 10 years experience, who shall be appointed by
the governor.
3. A majority of members present constitutes a
quorum. All official actions of the panel shall require an
affirmative vote of a majority of members present.
4. Each panel or panel member may work in any
region. A panel shall meet on the call of the chairman or
upon the request of any three members.
5. Panel members, other than departmental
employees, may receive a per diem for each hearing they
attend. The amount of the per diem shall be fixed by the
secretary in accordance with R.S. 15:574.22(D). All
members shall receive travel reimbursement in accordance
with Department Regulation Number A-03-002 "Travel" and
PPM Number 49.
6. Panels shall follow the provisions of R.S. 42:1 et
seq. (Public Policy for Open Meetings Law) and Robert's
Rules of Order.
7. Official results shall be maintained on a docket
sheet results form.
8. Recommendations made by individuals other than
those employed by the Department of Public Safety and
Corrections or the local jail facility where the inmate is
housed shall be made in writing.
D. Selection Criteria
1. Pursuant to R.S. 15:574.22 G(1), (2), and (3), the
following inmates are ineligible to apply for risk review
panel consideration:
a. an inmate convicted of a crime of violence as
defined or enumerated in R.S. 14:2(13);
b. an inmate convicted of a sex offense as defined
in R.S. 15:540 et seq. when the victim was under the age of
18 at the time of commission of the offense;
c. an inmate convicted of a violation of the Uniform
Controlled Dangerous Substances Law except for any of the
following:
i. possession as defined in R.S. 40:966(C),
967(C), 968(C), 969(C) or 970(C);
ii. distribution or possession with the intent to
distribute cocaine where the offense of conviction involved
less than 28 grams of cocaine;
iii. distribution or possession with the intent to
distribute marijuana where the offense of conviction
involved less than one pound of marijuana;
iv. sentenced to life imprisonment and has served
at least 20 years in actual custody;
d. an inmate sentenced as a habitual offender under
R.S. 15:529.1 where one or more of the crimes was a crime
of violence defined or enumerated in R.S. 14:2(13).
2. Pursuant to this regulation, the following inmates
are also ineligible to apply for risk review panel
consideration:
a. participating in or recommended for participation
in the IMPACT Program;
b. 180 days or less until earliest release date;
c. felony detainer(s) or open warrant(s);
d. an inmate sentenced as a habitual offender under
R.S. 15:529.1 where one or more of the crimes was a sex
offense as defined in R.S. 15:540 et seq.
3. An application will be ineligible for risk review
panel referral in the following circumstances:
a. a poor disciplinary record, to include habitual and
compulsive violent behavior, consistent signs of bad work
habits, lack of cooperation or good faith and/or other
undesirable behavior;
b. maximum custody status;
i. exception: inmates assigned to maximum
custody solely based upon classification criteria and not for
disciplinary reasons are eligible;
c. low level of program activity―inmates should
demonstrate initiative, participation in self help programs
and good work habits (where available);
d. extensive criminal history, to include habitual or
compulsive use of violence against the person;
e. extensive probation and parole revocation
history;
f. prior history of mental illness that would lead to
the conclusion that the individual is a danger to society;
g. communicable or contagious disease for which
inmate has not been receptive to or is non-compliant with
treatment (e.g., Tuberculosis, Hepatitis A, B, and C, Human
Immunodeficiency Virus (HIV) and sexually transmitted
diseases);
h. found guilty of being in possession or under the
influence of a controlled dangerous substance during the
current term of incarceration;
i. poor restitution payment history.
E. Application Procedures
1. All requests for consideration must be submitted on
the department's official Risk Review Panel Application
Form.
2. State inmates in state facilities will apply to the
warden at the facility in which they are housed. The
application will be reviewed by appropriate staff and a
recommendation concerning the inmate's statutory and
technical eligibility pursuant to this regulation for risk
review panel review will be made. Facilities located in the
geographical area of the North Louisiana and Central
Louisiana Panels will forward the application with
recommendation to the appropriate executive staff officer
(ESO) at David Wade Correctional Center and those in the
geographical area of the South Louisiana Panel will forward
the application with recommendation to the ESO at Elayn
Hunt Correctional Center.
3. State inmates in local jail facilities in the
geographical area of the North Louisiana and Central
Louisiana Panels will apply directly to the appropriate ESO
at David Wade Correctional Center and those in the
geographical area of the South Louisiana Panel will apply
directly to the ESO at Elayn Hunt Correctional Center.
4. The ESO will then prepare a preliminary report.
This will include confirmation of statutory, technical, and
subjective eligibility pursuant to this regulation and a
docketing recommendation. A recommendation for
docketing is not necessarily a qualification or
disqualification, as the risk review panel may take such
action as it deems appropriate regarding each application.
Docketing is determined solely at the discretion of the panel.
Applications which are determined to be ineligible for
consideration will be returned to the inmate.
5. Applications will be recommended for docketing as
follows:
a. defer docket―the inmate is a poor candidate for
consideration. A live review is not recommended. However,
the panel may move the inmate from the defer docket to the
hearing docket at its discretion;
b. hearing docket―a live review is recommended.
6. Inmates placed on the hearing docket shall
participate in risk assessment utilizing an instrument
determined by the department.
7. If a preliminary recommendation for referral to the
appropriate board is made, then a psychological evaluation
or assessment, if recommended by the panel, shall be
conducted.
F. Panel Review
1. A decision relative to the location of risk review
panels for state inmates housed in local jail facilities will be
made based upon volume:
a. if the volume is high, the risk review panel may
go on-site locally to conduct reviews;
b. if the volume is low, the inmate may be brought
to the closest state facility or other designated site to conduct
reviews.
2. The relevance of witness testimony will be
determined solely at the discretion of the risk review panel.
3. Panel review may be conducted either live, by file
review, review of staff assessments, telephone or video
conferencing, or by other conferencing methods at the
discretion of the panel.
4. Panel decisions will be recorded by individual vote
on a docket results sheet. The panel may recommend that the
inmate be considered for clemency by the Board of Pardons
or the panel may recommend that the person be considered
for parole by the Board of Parole. The panel may also
recommend to the appropriate board such conditions for
clemency or parole as may be deemed appropriate. Any
recommendation of the panel shall not be binding on either
board.
5. The panel may also make recommendations for
referral to programs within the department, such as IMPACT
or work release.
6. The panel's decision shall be disseminated to the
inmate by letter from the chairman with a copy to the
appropriate warden or local jail administrator. In the event
the inmate is denied a favorable recommendation, the letter
will include instructions concerning the inmate's ability to
reapply for consideration. Re-application frequency shall be
a minimum of six months and shall be determined at the
discretion of the panel.
7. Risk review panel recommendations are not
appealable through the administrative remedy procedure.
G. Other Considerations for Panel Deliberations
1. Panels shall consider any other pertinent
information during deliberations. Such information may
include, but shall not be limited to the following:
a. presentence reports, master prison records,
medical and psychological records;
b. comments submitted by the sentencing judge, the
district attorney, assistant district attorney, the Board of
Parole, the Board of Pardons, the victim or victim's family or
the inmate;
c. the age of the inmate (to include consideration of
chronological age and length of confinement where such
contributes to a reduction in danger to the public);
d. current medical condition (where such
contributes to a reduction in danger to the public);
e. damage or injury occasioned by the crime
committed;
f. resources available to the inmate in the event of
release (job and housing, family or other support, skill
level); and
g. the extent to which the sentence for the instant
offense exceeded the minimum sentence in effect at the time
of sentencing.
2. Registered victims shall receive a letter advising
them of the purpose of the risk review panel review at the
time the inmate is placed on a docket.
H. The effective date of this regulation is October 10,
2001.
AUTHORITY NOTE: Promulgated in accordance with R.S.
15:574.22 (as enacted by Act Number 403 of the 2001 Regular
Session of the Louisiana Legislature).
HISTORICAL NOTE: Promulgated by the Department of
Public Safety and Corrections, Corrections Services, LR 28:94
(January 2002), LR 29:2847 (December 2003).

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