Table of Contents. Title 22 CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT. Part I. Corrections

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1 Table of Contents Title 22 CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT Part I. Corrections Chapter 1. Secretary's Office... 1 Chapter 2. Personnel Chapter 3. Adult and Juvenile Services Subchapter A. General Subchapter B. Disciplinary Rules and Procedures for Adult Offenders Subchapter C. Disciplinary Rules for Juvenile Offenders Chapter 4. Home Incarceration/ Electronic Monitoring Pilot Program Chapter 5. Administration of Medications to Children in Detention Facilities Chapter 21. Medical Reimbursement Plan Chapter 23. Crime Victims Services Bureau Part III. Commission on Law Enforcement and Administration of Criminal Justice Subpart 1. Privacy and Security Regulation Chapter 1. Preface Chapter 3. Introductory Information Chapter 5. User's Agreement Chapter 7. Individual Rights of Access to Automated and Manual Criminal History Record Information Chapter 9. Individual Right To Administrative Review of the Content, Completeness or Accuracy of Individual Criminal History Record Information Chapter 11. Completeness and Accuracy Chapter 13. Dissemination and Correction of Records and the Maintenance of Logs Chapter 15. Audits and Quality Control Chapter 17. Security of Criminal History Information Chapter 19. Segregation of Computerized Files and Their Linkage to Intelligence Files Chapter 21. Training of System Personnel Subpart 2. Minimum Jail Standards Chapter 25. Introductory Information Chapter 27. Minimum Jail Standards Chapter 29. Inmate Support Chapter 31. Inmate Service Chapter 33. Inmate Management Chapter 35. Security and Control Chapter 37. Building and Construction Louisiana Administrative Code March 2005 i

2 CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT Subpart 3. State Grant-in-Aid Program Chapter 41. Procedures Chapter 43. Appeals Procedure Chapter 45. Guidelines Subpart 4. Peace Officers Chapter 47. Standards and Training Subpart 5. Crime Victim Assistance Chapter 49. Policies and Procedures Subpart 6. Grant Applications or Subgrants Utilizing Federal, State or Self-Generated Funds Chapter 51. Appeals Procedure Chapter 53. Drug Abuse Resistance Education (D.A.R.E.) Chapter 55. Uniform Crime Reporting System Chapter 57. Formula for Distribution of Federal Grant Funds Subpart 7. Asset Forfeiture Chapter 61. Code of Professional Conduct Part V. Board of Pardons Chapter 1. Applications Part IX. Sentencing Commission Subpart 1. Felony Sentencing Guidelines Chapter 1. Purpose and Principles Chapter 2. Determining Sentences under the Sentencing Guidelines Chapter 3. General Sentencing Policy Chapter 4. Louisiana Sentencing Guidelines Tables Part XI. Board of Parole Chapter 1. Administration Chapter 3. Parole Eligibility and Types Chapter 5. Meetings and Hearings of the Board of Parole Chapter 7. Parole Decisions Chapter 9. Conditions of Parole Louisiana Administrative Code March 2005 ii

3 Title 22, Part I Chapter 11. Violations of Parole Chapter 13. Time Served Chapter 15. Parole Suspension and Termination Chapter 17. Grievance Procedure Chapter 19. Board of Parole Code of Ethics Part XIII. Crime Victims Reparations Board Chapter 1. Authority and Definitions Chapter 3. Eligibility and Application Process Chapter 5. Awards Part XV. Indigent Defense Assistance Board Chapter 1. Purpose and Definitions Chapter 3. Guidelines and Eligibility Criteria Chapter 5. Procedure for Supplemental Assistance and Appointment of Counsel for Indigent Defendants Sentenced to Death Index iii Louisiana Administrative Code March 2005

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5 CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT Title 22 CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT Part I. Corrections Chapter 1. Secretary's Office 101. Access to and Release of Active and Inactive Records A. Purpose. To establish the secretary's policy and procedures for access to and release of active and inactive inmate records. B. Applicability. This regulation applies to all persons employed by the department and those who are under contract with the department. The assistant secretary/office of adult services, all wardens-adult and the director of probation and parole-adult are responsible for implementing this regulation and conveying its contents to all affected persons. C. Definitions Application for Pardon or Parole for the purpose of this regulation, an application for pardon or parole is defined as any time that an inmate has made an application for pardon or parole, (including medical parole) or has been released on diminution of sentence (Good Time Parole Supervision-GTPS). Law Enforcement Agencies those agencies designed to enforce federal, state or municipal laws and who receive public funds as their primary source for operation, i.e., sheriff's offices, local and state police departments, departments of corrections, U.S. attorneys, district attorneys, and the Federal Bureau of Investigation (FBI). Sex Offender, Serial Sexual Offender, Sexually Violent Predator, Child Predator inmates committed to the department for a crime listed in R.S. 15:536 and 15:541. (See Paragraph N.1, List of Sex Offenses.) D. Release of Information and Records 1. The pre-sentence investigation report, the preparole report, the clemency report, the information and data gathered by the staffs of the Board of Pardons and Board of Parole, the prison record, and any other information obtained by the Boards or Corrections Services, in the discharge of official duties shall be confidential and shall not be subject to public inspection nor be disclosed directly or indirectly to anyone except as in accordance with this regulation. 2. Following an application for pardon or parole, all information pertaining to an individual's misconduct while incarcerated, statistical information, information pertaining to disposition of criminal charges and incarcerations, and information of a general nature including an individual's age, offense, date of conviction, length of sentence, any correspondence by a public official which requests, or may be determined to be in support of, or in opposition to, the pardon or parole of an individual, and discharge date shall be released to the general public at any time upon request. NOTE: This provision shall not apply to any public official correspondence which requests, or may be determined to be in support of, or in opposition to, the pardon or parole of an individual, which was received prior to August 15, An inmate's DOC number and assigned location may be released without restriction. 4. Except as noted below, any communication with the Board of Pardons or Board of Parole urging parole, pardon, clemency, or commutation of sentence or otherwise regarding an inmate shall be deemed a public record and subject to public inspection. a. Exception. Any letter written by, or on behalf of, any victim of a crime committed by an inmate under consideration for parole, pardon, clemency, or commutation of sentence, or any letter written in opposition to pardon, clemency, or commutation of sentence shall be confidential and shall not be deemed a public record and subject to public inspection. This exception shall not apply to any elected or appointed public official. 5. Information on a particular inmate may be released without special authorization, subject to other restrictions that may be imposed by federal law or by other provisions of state law, to the following: a. Board of Parole; b. Board of Pardons; c. governor; d. sentencing judge; e. district attorneys; f. law enforcement agencies; g. Department of Public Safety and Corrections personnel, including legal representatives and student workers; h. appropriate governmental agencies or public officials, when access to such information is imperative for the discharge of the responsibilities of the requesting agency, official or court officer and the information is not reasonably available through any other means; and i. court officers with court orders specifying the information requested. 6. Fingerprints, photographs, and information pertaining to arrests and disposition of criminal charges, as well as information regarding escapes may be released to law enforcement agencies without special authorization. 7. The secretary or his designee may approve the reading (but not copying) of confidential information by the following: Louisiana Administrative Code March

6 CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT a. social service agencies assisting in the treatment of the inmate or ex-offender; and b. approved researchers who have guaranteed in writing anonymity of all subjects. 8. The secretary or his designee may approve the selective reading (but not copying) of information by a private citizen or organization aiding in the rehabilitation of, or directly involved in the hiring of, the inmate or exoffender under the following conditions: a. it appears that the withholding of the information would be to the inmate's or ex-offender's disadvantage; b. the requested information is necessary to further the rehabilitation or the likelihood of hiring the inmate or exoffender; c. the requested information is not reasonably available through other means; and d. the inmate or ex-offender has given his written consent to release the information. NOTE: Each unit will develop and use a "release of information consent form" for this purpose prior to the release of information and a copy will be placed in the inmate's record. E. Release of Information on Sex Offenders 1. In addition to information which may be released pursuant to Subsection D, criminal history record information regarding sex offenders, serial sexual offenders, sexually violent predators and child predators which pertains to a conviction for which an inmate is currently sentenced to the department's custody may be disseminated without restriction. 2. For the purpose of this regulation, criminal history record information includes the following: a. date and parish of conviction; b. offense; c. docket number; d. sentence; and e. release dates. 3. A written record pertaining to the dissemination of criminal history record information on sex offenders (see Paragraph N.1, List of Sex Offenses) shall be maintained at the unit level. The record shall contain the following information: a. to whom the criminal history record information was disseminated; b. the date the information was disseminated; c. the individual to whom the information relates; and d. a brief description of the information disseminated. 4. The written record pertaining to the dissemination of criminal history record information on sex offenders shall be retained for a period of not less than one year. F. Release of Information to Crime Victims 1. Both the information contained in a Victim Notice and Registration Form and the fact that a notification request has been made are confidential. Any questions from outside the department about whether particular persons have requested notification or whether there has been a notification request for particular inmates should be referred to the Crime Victims Services Bureau. 2. Information may be released to victims, witnesses, and others directly injured by the criminal acts of persons under the state's authority in accordance with Department Regulation No. C "Crime Victims Services Bureau." G. Subpoenaed Records 1. Whenever records of an inmate or ex-offender are subpoenaed, they shall be submitted to the appropriate court for a ruling as to whether the information should be turned over to the party who caused the subpoena to be issued. The court shall make this determinate in camera. If the court makes any one of the following determinations, the information shall be withheld: a. the information is not relevant to the proceedings; or b. the information was derived from communications which were obviously made in the confidence that they would not be disclosed; or c. the confidentiality is essential to the future useful relations between the source and the recorder of the information. 2. Should the court authorize disclosure of the records in accordance with the subpoena, the party who caused the subpoena to be issued shall pay a fee for the cost of production of the records in accordance with R.S. 39:241 (see Department Regulation No. A "Collection of Fees for Reproduction of Public Records"), unless the court determines that the party has been granted pauper status in accordance with law. H. Records Not Subpoenaed Submitted to the Courts for Review. The department reserves the right to submit any record to the appropriate court for a ruling as to whether the information should be turned over to the party requesting the information. I. Access and Release of Medical Records. Access to and release of medical records is governed by Health Care Policy No. HC-33 "Inmate Medical Records." J. Department's Access to Information and Records of Other Agencies. During the course of any investigation which the department is authorized by law to conduct, or which is necessary for the rehabilitation of persons in the custody of the department, the department shall have access to information and records under the control of any state or local agency which are reasonably related to the rehabilitation of the inmate. Louisiana Administrative Code March

7 Title 22, Part I K. Inmate Access to Records. Information contained in the inmate's record shall be confidential and shall not be released to the inmate except in accordance with this regulation. 1. An inmate may have access to his master prison record, a sentence computation worksheet, any court documents that are related to the term of his instant incarceration, non-confidential unusual occurrence reports, disciplinary reports, information related to educational achievements and participation. 2. An inmate may view and make notes of his state police and/or FBI rap sheet, but shall not be given a copy. 3. An inmate shall not have access to another inmate's active or inactive records. 4. The following is a non-exhaustive list of additional information that will not be accessible to the inmate: a. pre-sentence reports; b. post-sentence reports; c. pre-parole reports; d. clemency investigations; e. information revealing or tending to reveal the identity of confidential informants; f. admission summary; g. correspondence from any non-departmental source directed solely to prison officials; h. correspondence or inquiries originated by institutional personnel; i. investigations conducted by non-departmental agencies, i.e., District Attorney, State Police, FBI, etc.; j. investigations conducted by Corrections Services; k. non-disciplinary court-related institutional investigations; and l. correspondence from victims or witnesses, including Victim Notice and Registration Forms. 5. Each institution shall establish procedures for inmates to follow when requesting copies of documents from their records and the fees charged for such copies. L. Information Requests. Verbal requests for information are acceptable. However, the secretary or his designee reserves the right to require a written request before releasing any information. In that case, the individual or agency must certify in writing that they will not release the information to any other agency. M. Fees. The fee schedule for copies of public records is established in Department Regulation No. A "Collection of Fees for Reproduction of Public Records." N.1. List of Sex Offenses a. 14:41 Rape b. 14:42 Aggravated Rape c. 14:42.1 Forcible Rape d. 14:43 Simple Rape e. 14:43.1 Sexual Battery f. 14:43.2 Aggravated Sexual Battery g. 14:43.3 Oral Sexual Battery h. 14:43.5 Intentional Exposure of AIDS Virus i. 14:78 Incest j. 14:78.1 Aggravated Incest k. 14:80 Felony Carnal Knowledge of a Juvenile l. 14:80.1 Misdemeanor Carnal Knowledge of a Juvenile m. 14:81 Indecent Behavior with Juveniles n. 14:81.1 Pornography Involving Juveniles o. 14:81.2 Molestation of a Juvenile p. 14:89 Crime against Nature q. 14:89.1 Aggravated Crime against Nature r. 14:92(A)(7) Contributing to the Delinquency of Juvenile s. 14:93.5 Sexual Battery of the Infirm t. 14:283(E) Video Voyeurism 2. A conviction for any offense provided in the above list includes a conviction for an equivalent offense under the laws of another state. 3. A conviction for the attempt of the above offenses shall be considered as a sex offender for the purpose of this regulation. 44:7, 15: , 15: , 15:549(C), 15:574.12, 15:840.1, C.Cr.P. Art. 877 and Corrections, Office of the Director, LR 2:107 (April 1976), amended by the Department of Public Safety and Corrections, Corrections Services, LR 30:75 (January 2004), repromulgated LR 30:264 (February 2004) Access to and Release of Active and Inactive Records Juvenile A. Purpose. To establish the secretary's policy and procedures for access to and release of records of active and inactive juvenile records. B. Applicability. This regulation applies to all persons employed by the department and those who are under contract with the department. The deputy secretary, assistant secretary of the Office of Youth Development, wardens of juvenile facilities, and the probation and parole program director/juvenile are responsible for implementing this regulation and conveying its contents to all affected persons. C. Definition Law Enforcement Agencies those agencies designed to enforce federal, state or municipal laws and who receive public funds as their primary source for operation, i.e., sheriff's offices, local and state police departments, 3 Louisiana Administrative Code March 2005

8 CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT departments of corrections, state attorneys general, U.S. attorneys, district attorneys, and the Federal Bureau of Investigation. D. Release of Information and Records 1. All information obtained on a juvenile shall be confidential and shall not be subject to public inspection or be disclosed directly or indirectly to anyone except in accordance with this regulation. None of the provisions contained herein are intended to restrict the ability of the department to provide any contract facility with full and complete information on any juvenile housed therein. 2. Generally, written consent by the juvenile, parent or guardian or attorney of record is required before a person may be granted access to the juvenile's case files. Access includes viewing the record and receiving copies of documents from a juvenile's record. 3. Release of Initial Documents to Attorney (Initial Contact No Attorney Client Relationship Yet). Upon receipt of a completed written consent form executed by the juvenile (see Subsection M), the institution may provide copies of the following information to an attorney who has met with the juvenile and requested information: a. JIRMS Master (JPRNMASA); b. disciplinary reports for the quarter; c. court documents; d. time computation worksheet; e. custody classification/reclassification for the preceding two quarters; f. a listing of programs completed including alcohol/drug abuse education. However, no acknowledgment of the juvenile's alcohol/ drug abuse treatment may be given. 4. Release of Records upon Establishment of Attorney Client Relationship. An attorney client relationship sufficient to allow release of a juvenile's record is established upon the occurrence of the following: a. juveniles age 18 and older: i. receipt of a written consent form executed by the juvenile (see Subsection N) of his intent to be represented by the attorney named therein; b. juveniles under age 18: i. in order to release information from the record of a juvenile, the institution will require receipt of a written consent form (see Subsection O) executed by the parent/guardian of the juvenile; or c. alternatively, release may also be accomplished through the occurrence of all of the following: i. juvenile has affirmed his intent through execution of a written document to enter into an attorney client relationship with a particular attorney or law firm and a release form is executed by the juvenile which allows general access by the attorney to the juvenile's record (see Subsection N). Additionally, if the juvenile intends to allow release of records pertaining to education, alcohol/drug abuse treatment or HIV/AIDS status, the juvenile must execute a specific confidentiality waiver for each individual category of documents; and ii. receipt by the institution housing the juvenile of a copy of the letter written by the attorney, notifying the juvenile's parent/guardian that the juvenile has requested the attorney to represent him. The letter must contain language directing the parent/guardian to notify the institution or the court of juvenile jurisdiction, should the parent object to the representation and/or access to records; and iii. receipt of postal "Proof of Mailing" verifying that the letter in Clause D.4.c.i. above has been mailed to the parent/guardian; and iv. receipt of a written statement made by the attorney attesting that he/she has made efforts to contact the parent/guardian; and v. at least 10 business days have elapsed since receipt by the institution of all documents listed in Clause D.4.c.i. through iv above, and the parent/guardian has not voiced an objection. Once the attorney client relationship is established whether through a consent form executed by the parent/guardian or through the provision of documents required in Clause D.4.c.i through v above, the documents shall be filed in the juvenile's case file at Clip 8. Establishment of the attorney client relationship shall also be entered in the JIRMS. 5. Information on a particular juvenile may be released without special authorization, subject to other restrictions that may be imposed by federal law or by other provisions of state law, to the following: a. Board of Parole; b. Board of Pardons; c. governor; d. sentencing judge; e. counsel for a juvenile in a delinquency matter; f. district attorneys; g. law enforcement agencies; h. Department of Public Safety and Corrections personnel, including legal representatives and student workers; i. appropriate governmental agencies or public official, when access to such information is imperative for the discharge of the responsibilities of the requesting agency, official or court officer and the information if not reasonably available through any other means; and j. court officers with court orders specifying the information requested. 6. Fingerprints, photographs, and information pertaining to arrests and disposition of delinquent offenses, as well as information regarding escapes may be released to law enforcement agencies without special authorization. Louisiana Administrative Code March

9 Title 22, Part I 7. The secretary or his designee may approve the reading of information to the following: a. social services agencies assisting in the treatment of juvenile; b. appropriate governmental agencies or officials; c. approved researchers who have guaranteed in writing anonymity of all subjects. 8. The secretary or his designee may approve selective reading (but not copying) of information by a private citizen or organization aiding in the rehabilitation of, or being directly involved in the hiring of, the juvenile under the following conditions, when: a. it appears that the withholding of the information would be to the juvenile's disadvantage; b. the requested information is necessary to further the rehabilitation or the likelihood of hiring the juvenile; c. the requested information is not reasonably available through other means; d. the juvenile or his parent or guardian has given written consent for the release of information. E. Release of Information to Crime Victims 1. Both the information contained in a Victim Notice and Registration Form and the fact that a notification request has been made are confidential. Any questions from outside the department about whether particular persons have requested notification or whether there has been a notification request for particular juveniles should be referred to the Crime Victims Services Bureau. 2. Information may be released to victims, witnesses, and others directly injured by the criminal acts of persons under the state's authority in accordance with Department Regulation No. C "Crime Victims Services Bureau." F. Subpoenaed Records 1. Whenever the records of a juvenile are subpoenaed, they shall be submitted to the appropriate court for a ruling as to whether the information should be turned over to the party who caused the subpoena to be issued. The court shall make this determinate in camera. If the court makes any one of the following determinations, the information shall be withheld: a. the information is not relevant to the proceedings; or b. the information was derived from communications which were obviously made in the confidence that they would not be disclosed; or c. the confidentiality is essential to the future useful relations between the source and the recorder of the information. 2. Should the court authorize disclosure of the records in accordance with the subpoena, the party who caused the subpoena to be issued shall pay a fee for the cost of production of the records in accordance with R.S. 39:241 (see Department Regulation No. A "Collection of Fees for Reproduction of Public Records"), unless the court determines that the party has been granted pauper status in accordance with law. G. Records Not Subpoenaed Submitted to the Courts for Review. The department reserves the right to submit any record to the appropriate court for a ruling as to whether the information should be turned over to party requesting information. H. Access to and Release of Medical Records. Refer to Department Regulation No. B J "Health Care" and LSUHSC JCP Policies J/HC-RT and for specifics governing access to and release of medical records. I. Department's Access to Information and Records of Other Agencies. During the course of any investigation which the department is authorized by law to conduct, or which is necessary for the rehabilitation of persons in the custody or under the supervision of the department, the department shall have access to information and records under the control of any state or local agency which is reasonably related to the rehabilitation of the juvenile. J. Juvenile Access to Records. Information contained in the juvenile's record shall be confidential and shall not be released to him except in accordance with the following. 1. A juvenile may, upon request, have access to his JIRMS Master (JPRNMASA); a time computation worksheet; any court documents that are related to his incarceration; disciplinary reports; custody classification/ reclassification and case plan. 2. A juvenile shall not have access to another juvenile's record. 3. The following is a list of additional information that will not be accessible to the juvenile (This is not an exhaustive list.): a. disposition reports; b. social history; c. information revealing or tending to reveal the identity of a confidential informant; d. unusual occurrence reports; e. admission summary; f. correspondence from any non-corrections source directly solely to institutional officials; g. correspondence or inquiries originated by institutional personnel; h. investigations conducted by non-departmental agencies (district attorney, state police, FBI, etc.); i. progress notes; j. progress reports to the court; k. investigations conducted by Corrections Services; and l. non-disciplinary court-related institutional investigations. 5 Louisiana Administrative Code March 2005

10 CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT 4. Each institution shall establish procedures for juveniles to follow when requesting copies of documents from their records and the fees charged for such copies. K. Information Requests. Verbal requests to the department for information may be acceptable. However, the secretary or his designee reserves the right to require a written request before releasing any information. In that case, the individual or agency must certify in writing that they will not release the information to any other agency. L. Fees. The fee schedule for copies of public records is established in Department Regulation No. A "Collection of Fees for Reproduction of Public Records." M. Consent for Release of Initial Information to Attorney CONSENT FOR RELEASE OF INITIAL INFORMATION TO ATTORNEY My name is. My date of birth is. I am in the custody of the Louisiana Department of Public Safety and Corrections and housed at Correctional Center for Youth. I talked and met with, an attorney at law. I want this attorney and the law firm to have copies of my JIRMS Master (JPRNMASA), disciplinary reports for the quarter, court documents, time computation worksheet, custody classification/reclassification for the two preceding quarters, and a listing of programs I have completed. Date Signature Witness N. Statement of Representation and Release of Records STATEMENT OF REPRESENTATION AND RELEASE OF RECORDS My name is. My date of birth is. I am in the custody of the Louisiana Department of Public Safety and Corrections and housed at Correctional Center for Youth. I want to have, an attorney at law, represent me. I give my consent for my record to be copied or looked at by this attorney. This includes records contained in my medical file, mental health information and social history. I understand that if I want to release certain records to my attorney I must waive my rights of confidentiality specifically as to those records. By placing my initials here I am confirming that I want to waive my rights as to psychological and psychiatric documents, including but not limited to evaluations, reports and progress notes. By placing my initials here I am confirming that I want to waive my rights to confidentiality as to these particular records and allow my attorney to view/copy my education records. By placing my initials here I am confirming that I want to waive my rights to confidentiality as to these particular records and allow my attorney to view/copy any alcohol/drug treatment information which might be in my record. By placing my initials here I am confirming that I want to waive my rights to confidentiality as to these particular records and allow my attorney to view/copy any HIV/AIDS information which might be in my record. Date Signature Witness O. Parent/Guardian Consent to Release of Juvenile Records PARENT/GUARDIAN CONSENT TO RELEASE OF JUVENILE RECORDS I,, parent/guardian of, a juvenile in the custody of the Louisiana Department of Public Safety and Corrections, do hereby give my consent to release the records of my child to, the attorney representing him/her. I hereby authorize the above-named attorney to view/receive copies of my child's records. I understand that included in my child's records are social, family-history and medical/mental health information. Further, I have initialed below where it is my intention to waive my child's confidentiality and specifically authorize release to his/her attorney the following named documents. By placing my initials here I am confirming that I intend to waive my child's rights as to psychological and psychiatric documents, including but not limited to evaluations, reports and progress notes. By placing my initials here I am confirming that I intend to waive my child's rights to confidentiality and allow the attorney to view/copy my child's education records. By placing my initials here I am confirming that I intend to waive my child's rights to confidentiality and allow the attorney to view/copy any alcohol/drug abuse treatment information which might be in my child's record. By placing my initials here I am confirming that I intend to waive my child's rights to confidentiality and allow the attorney to view/copy any HIV/AIDS information which might be in my child's record. Date Signature Witness 15:574.12, 15:840.1, 15:909, 39:241, C.Cr.P. Art. 875, and Ch.C.Art Public Safety and Corrections, Corrections Services, LR 30:77 (January 2004) Death Penalty A. Purpose. To set forth procedures to be followed for the lethal injection of those individuals sentenced to death. B. Responsibility. Assistant Secretary/Office of Adult Services and the wardens of the Louisiana State Penitentiary and the Louisiana Correctional Institute for Women. Louisiana Administrative Code March

11 Title 22, Part I C. Incarceration Prior to Execution. Male inmates sentenced to death shall be incarcerated at the Louisiana State Penitentiary at Angola, Louisiana. Female inmates sentenced to death shall be incarcerated at the Louisiana Correctional Institute for Women at St. Gabriel, Louisiana. Until the time for execution, the warden shall incarcerate the inmate in a manner affording maximum protection to the general public, the employees of the department, and the security of the institution. Female inmates shall be transported to the Louisiana State Penitentiary for execution as directed by the secretary. D. Visits 1. Prior to the scheduled execution, the warden may approve special visits for the condemned inmate. 2. Visits will normally terminate by 3 p.m. on the day of the execution except visits with a priest, minister, religious advisor, or attorney, which will terminate at the direction of the warden or his designee. E. Media Access 1. Pursuant to the provisions of Department Regulation No. C , the media may contact the warden's office to request interviews. If the warden, inmate, and attorney (if represented by counsel) consent, the interview shall be scheduled for a time convenient to the institution. 2. Should the demand for interviews be great, the warden may set a day and time for all interviews to be conducted and may specify whether interviews will be done individually or in "press conference" fashion. F. Pre-Execution Activities 1. The warden shall select an appropriate area to serve as a press room. 2. In the five days prior to the execution, access to the execution room will be restricted in accordance with institution policy. 3. All persons selected as witnesses will sign copies of the witness agreement prior to being transported to the execution room. G. Execution Time and Place. The execution shall take place at the Louisiana State Penitentiary between the hours of 6 p.m. and 9 p.m. (R.S. 15:570.C). H. Witnesses 1. The execution shall take place in the presence of the following witnesses: a. the warden of the Louisiana State Penitentiary or designee; b. the coroner of West Feliciana Parish or deputy; c. a physician chosen by the warden; d. a competent person selected by the warden to administer the lethal injection; and e. a priest, minister, or religious advisor, if the inmate so requests. 2. Not less than five, nor more than seven other witnesses are required by law to be present [R.S. 15:570(A)]. These witnesses will be selected as follows: a. three witnesses will be members of the news media; i. a representative from the Associated Press; ii. a representative, selected from the media persons requesting to be present, from the parish where the crime was committed; and iii. a representative selected from all other media persons requesting to be present; iv. these witnesses must agree to act as pool reporters for the remainder of the media present and meet with all media representatives immediately following the execution; b. the remaining witnesses will be selected by the secretary from persons whom he feels have a legitimate interest in being present; c. victim relationship witnesses are authorized to attend the execution [R.S. 15:570(D)]; i. at least 10 days prior to the execution, the secretary shall give either written or verbal notice, (followed by written notice placed in the United States mail within five days thereafter), of the date and time of the execution to the victim's parents, or guardian, spouse and any adult children who have indicated to the secretary that they desire such notice. The named parties shall be given the option of attending the execution and shall, within three days of their receipt of the notification, notify, either verbally or in writing, the secretary's office of their intention to attend; ii. the number of victim relationship witnesses may be limited to two. If more than two victim relationship witnesses desire to attend the execution, the secretary is authorized to select from the interested parties the two victim relationship witnesses who will be authorized to attend; d. all witnesses must be residents of the state of Louisiana and over 18 years of age; and all must agree to sign the report of the execution (R.S. 15: ). I. Procedures 1. The witnesses will enter the witness room where they will receive a copy of the inmate's written last statement, if a written statement is issued. 2. The inmate will then be taken to the lethal injection room by the escorting officers. Once in the room, the inmate will be afforded the opportunity to make a last verbal statement, if he so desires. He will then be assisted onto the lethal injection table and properly secured to the table by the officers. Once the officers exit the room, the warden will close the curtain to the witness room and signal the I.V. Technician(s) to enter. The I.V. Technician(s) will appropriately prepare the inmate for execution and exit the room. The warden will reopen the witness room curtain. 7 Louisiana Administrative Code March 2005

12 CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT 3. The person designated by the warden and at the warden's direction, will then administer, by intravenous injection, the appropriate substances in a lethal quantity into the body of the inmate until he is deceased. 4. At the conclusion of the execution, the coroner or his deputy shall pronounce the inmate dead. The deceased shall then be immediately taken to an awaiting ambulance for transportation to a place designated by the next of kin, or in accordance with other arrangements made prior to the execution. 5. The warden will make a written report reciting the manner and date of the execution which he and all of the witnesses will sign. The report shall be filed with the clerk of court in the parish where the sentence was originally imposed. (R.S. 15:571) 6. No employee, including employee witnesses to the execution, except the secretary or the warden or their designee, shall communicate with the press regarding any aspect of the execution except as required by law. 7. No cameras or recording devices, either audio or video, will be permitted in the execution room. 8. The identity of the persons, other than those specified in Subparagraphs H.1.a.-c and H.1.e, Paragraph H.2, and Subparagraph H.2.c., who participate in an execution, either directly or indirectly shall remain strictly confidential and shall not be subject to public disclosure in any manner whatsoever. 15: (as amended by Act No. 717 of the 1990 Regular Session of the Louisiana Legislature, by Act No. 159 of the 1991 Regular Session, Act No. 145 of the 2002 First Extraordinary Session and Act No. 283 of the 2003 Regular Session). Public Safety and Corrections, Office of the Secretary, LR 6:10 (January 1980), amended LR 7:177 (April 1981), amended by the Department of Public Safety and Corrections, Corrections Services, LR 17:202 (February 1991), LR 18:77 (January 1992), LR 24:342 (February 1998), LR 25:2410 (December 1999), LR 28:2552 (December 2002), LR 29:2847 (December 2003) Regulation of Air Traffic A. Purpose. The purpose of this regulation is to establish the policy of the Department of Public Safety and Corrections, Corrections Services, with regard to air traffic at each adult correctional institution. B. Responsibility. It is the responsibility of the warden of each adult correctional institution to ensure compliance with this regulation and to advise their respective employees who are affected by the contents. Each warden is responsible for working with the control center of the institution to ensure proper implementation. C. General. It is the policy of Corrections Services to monitor all incoming and outgoing aircraft to and from the institutions. D. Procedures 1. Individuals who have reason to come to the institutions via aircraft must request permission and receive authorization in advance, by telephone or in writing, to land at the institution, and specifically to land on the airstrip at the Louisiana State Penitentiary. 2. The request will be directed to the warden's office during regular office hours Monday through Friday. Calls received after hours or on weekends or holidays will be handled by the duty warden. 3. The individual requesting permission to land must provide the following information: a. reason for coming to the institution; b. date and expected time of arrival; c. number and names of people aboard aircraft; d. type of aircraft, color and registration number. 4. The warden's office will notify the control center of approved air traffic. The control center will notify the prison towers to inform the officer of the incoming air traffic, the expected time of arrival and description of the aircraft. The tower officer will in turn inform the control center when the aircraft arrives. The control center will then dispatch roving security to meet the incoming aircraft and to verify the identification of the occupants and provide ground transportation when necessary. 5. A log will be maintained by roving security of all aircraft that land at or depart from the institution. This log will contain the date, time of arrival, type of aircraft, color, registration number and the names of the passengers. 6. Low flying aircraft attempting to land anywhere within any of the institutions will be reported to the control center immediately. The control center will notify roving security and other appropriate personnel. 7. Each warden is responsible for developing written procedures for handling unauthorized and/or emergency landing situations, and for securing inmates in the immediate area. 8. Each warden shall develop a procedure for the implementation of this regulation and submit the procedure to the secretary for approval. E. The effective date of this regulation is August 20, :823. Public Safety and Corrections, Corrections Services, LR 16:693 (August 1990) 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: (Act 403 of the 2001 Regular Session of the Louisiana Legislature). Louisiana Administrative Code March

13 Title 22, Part I 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 "Travel" and PPM Number 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: 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; 9 Louisiana Administrative Code March 2005

14 CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT 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; Louisiana Administrative Code March

15 Title 22, Part I 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, : (as enacted by Act Number 403 of the 2001 Regular Session of the Louisiana Legislature). Public Safety and Corrections, Corrections Services, LR 28:94 (January 2002), LR 29:2847 (December 2003). Chapter 2. Personnel 201. Equal Employment Opportunity A. Purpose: 1. To establish the secretary's commitment to equal employment opportunities for all employees, applicants, and candidates for employment (including qualified exoffenders); 2. to establish formal procedures regarding the reasonable accommodation of employees, the public, applicants and candidates; and 3. to constitute the index of essential job functions as part of this regulation. B. Applicability. All applicants, candidates visitors, employees and units of Corrections Services. C. Definitions Age Discrimination in Employment Act (ADEA) a law passed by congress to protect individuals 40 years of age and over from arbitrary discrimination in employment practices, unless age is a bona fide occupational qualification. Americans with Disabilities Act (ADA) a comprehensive law passed by congress to protect disabled persons from discrimination in employment, hiring, transportation, access to public facilities and services, and telecommunications. Applicant a person who has applied for a job and whose qualification for such is unknown. Candidate a person who has successfully passed the required test and/or meets the civil service minimum qualifications for the job sought. Disability with respect to an individual, the term disability means: a. a physical or mental impairment that substantially limits one or more of the major life activities of such individual; b. a record of such an impairment; or c. being regarded as having such an impairment. Equal Employment Opportunity (EEO) the operation of a system of human resource administration which ensures an environment that will provide an equal opportunity for public employment to all segments of society based on individual merit and fitness of applicants without regard to race, color, religion, sex, age, national origin, political affiliation or disability (except where sex, age or physical requirements constitute a bona fide occupational qualification necessary to the proper and efficient operation of the agency/organization). The Equal Employment Opportunity Commission (EEOC) is the federal regulatory body for EEO related complaints and charges. Essential Functions basic job duties that an employee/applicant must be able to perform, with or without reasonable accommodation. Family and Medical Leave leave for which an employee may be eligible under the provisions of the Family and Medical Leave Act of (See Department Regulation No. A "Family and Medical Leave of Absence" for eligibility guidelines.) Qualified Individual with a Disability an individual with a disability (as previously defined herein) who can perform the essential functions of the job with or without reasonable accommodation. D. Policy. It is the secretary's policy to assure equal opportunities to all employees, applicants and candidates for employment without regard to race, religion, color, national origin, sex, disability or age. Exceptions: 1. where age, sex, or physical requirements constitute a bona fide occupational qualification necessary for proper and efficient operations; and 2. where the implications of nepotism restrict such employment or employment opportunity. Equal opportunities will be provided for employees in areas of compensation, benefits, promotion, recruitment, training, and all other conditions of employment. Notices of equal employment opportunities will be posted in prominent accessible places at each employment location. E. Procedures 1. Coordination of ADA Matters a. The secretary will establish and designate the Corrections Services' ADA Coordinator. 11 Louisiana Administrative Code March 2005

16 CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT b. Corrections Services' ADA coordinator is charged with reviewing, recording, and monitoring Corrections Services' ADA matters and will also advise and make recommendations to the secretary or his designee of such matters as appropriate. c. Each unit head will designate a unit ADA coordinator to coordinate unit ADA matters. 2. Requests for Accommodation a. A qualified individual with a known disability of a permanent nature should be accommodated where reasonably possible, providing the accommodation does not constitute a danger to the individual or others, and does not create undue hardship on Corrections Services or its employees. (If such individual is an employee or a candidate for employment, the individual must be able to perform the essential functions of the job with said accommodation.) b. Generally, any person (employee, applicant, candidate, or visitor) may complete a "Request for Accommodation" Form (see 203). The person completing the form must forward it to the designated unit ADA coordinator for processing and action as deemed appropriate by the unit head. The unit head will insure that the person is notified of and receives a copy of the decision. A copy of the completed Request for Accommodation Form containing the request for accommodation along with the unit head's response to the request will be forwarded to Corrections Services ADA coordinator for recording purposes. c. Accommodation may also be requested (by employees and candidates) in the space provided on the applicable Essential Functions Form. Such request will be processed in the same manner as the "Request for Accommodation" Form described above. 3. Essential Job Functions a. General Requirements i. Employment candidates must complete an Essential Functions Form at the time of interview for employment and/or return to employment. Employees may be required to complete an up-to-date Essential Functions Form as appropriate and when deemed necessary by the unit head in order to insure that the fundamental mission of the department is sustained (see Section 7.C.2 for specific information). ii. The index of essential job functions contains the Essential Functions Form for each job category used by Corrections Services. The index is maintained in each Human Resources Office and is considered a part of this regulation. Revisions to the Index require the approval of the secretary. b. Employee and Unit Specific Requirements. Employees may be required by the unit head to complete an up-to-date Essential Functions Form under the following conditions (not necessarily all inclusive): i. exhaustion of sick leave and exhaustion of Family and Medical Leave Act (FMLA) entitlement (if applicable); ii. expressed inability to participate in a mandatory work-related activity (i.e., training) and/or to perform essential job functions; and/or iii. appearance of the inability to perform essential job functions. When any of the described conditions exist, the unit head will require the employee to provide an up-to-date Essential Functions Form and Medical Certification Form (see 205) from the employee's health care provider (at the unit's expense for Section 7.C.2.c.) so the employee's status under the ADA can be assessed. The Medical Certification Form must include: a prognosis; whether the condition is temporary or permanent; when the condition began; the expected date of return to duty; whether the employee is able to perform the essential functions of his job with or without accommodation and a description of the accommodation needed. (In certain situations, a second opinion by an independent third party may be appropriate. This opinion would be at the unit's expense.) 4. Determination of Disability, Accommodation and Return to Work a. Upon receipt of the information requested relative to the employee's condition, the unit head will determine (with the assistance of Corrections Services' ADA coordinator as needed) whether the request/condition qualifies for ADA accommodation and take action as appropriate. Consideration should be on a case-by-case basis using the following guidelines. i. If an employee falls under Section 7.C.2.b or c and the unit head is unable to determine whether this is due to a temporary or permanent condition, the unit head may place the employee in forced leave consistent with civil service rules until such time that a determination can be made. ii. If the condition is not qualifying, leave under FMLA (if eligible) or a temporary duty assignment may be appropriate. When feasible, employees who are temporarily disabled may be allowed to return to work in other assignments. However, if such employee is unable to return to work in any manner and has exhausted his sick leave and FMLA entitlement, separation for exhaustion of sick leave is an option. iii. If the disability is qualifying but no accommodation is available or the requested accommodation cannot be granted, the unit head will take appropriate action and then forward a copy of the completed Request For Accommodation Form and/or the Essential Functions Form relating to any request for accommodation to the Corrections Services' ADA coordinator. b. Reasonable accommodation(s) should be considered for employees who are qualified individuals with a permanent disability prior to separation from employment due to exhaustion of sick leave. Employees subject to such separation should also have exhausted any FMLA entitlement. c. Each unit head will ensure that copies of the completed Request for Accommodation Form and/or Essential Functions Form relating to any request for accommodation are forwarded to the Corrections Services' ADA coordinator. Louisiana Administrative Code March

17 Title 22, Part I 5. Conciliation Options for EEO and ADA Concerns a. Should a person feel that he has experienced discrimination in any manner or not be satisfied with the results of his request for accommodation, he may seek conciliation through Corrections Services' grievance process (Department Regulation No. A "Employee Manual"), through the EEOC for employment related complaints and/or the U.S. Department of Justice (USDOJ) for issues not related to employment. b. Persons are encouraged to use the internal procedures to address and resolve complaints to the extent possible. Use of these internal procedures does not restrict a person from filing with the appropriate federal agency prior to exhaustion of the department's internal process(es). 6. Departmental Conciliation of EEO and ADA* Matters a. Headquarters' Employee Relations Division (ERD) will coordinate the department's response(s) to complaints and charges of discrimination regarding equal employment opportunity matters. Generally, complaints/charges may be addressed through the internal grievance procedure when such a grievance has been filed and heard at the appropriate unit levels. b. For formal charges generated by the EEOC or the USDOJ, the unit head, the applicable unit's attorney, other appropriate personnel and ERD will develop the department's response and conciliation opinion (if applicable). Any unit receiving a "Notice of Charge of Discrimination" document or similar notice from the USDOJ must forward the notice to ERD upon receipt. Responses to the charges will be under the signature of the secretary or his designee. c. The secretary's approval is required for acceptance or presentation of conciliation agreements or settlements. *This Section applies when ADA related matters are not resolved under conditions outlined in Section 7.C. 7. Employment Applications of Ex-Offenders a. All applications for employment received from persons who are ex-offenders will be reviewed by a committee appointed by the secretary. Consideration will be given to the unit head's recommendation, the ex-offender's crime, sentence, institutional record and length of time free from other convictions. The committee's recommendations will then be submitted to the secretary or his designee for review with the unit head. b. Ex-offenders will not be eligible for employment in positions which require an employee to carry a firearm in the performance of duty. This restriction is based on applicable civil service job qualifications and state and federal law. Additional information pertaining to EEO, ADA and ADEA is available in the Human Resources Office of any Corrections Services' unit or office. 46:225, et seq. Public Safety and Corrections, Corrections Services, LR 26:1308 (June 2000). 13 Louisiana Administrative Code March 2005

18 203. Request for Accommodation Attachment A CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT REQUEST FOR ACCOMMODATION Louisiana Department of Public Safety and Corrections Corrections Services Institution: Division: SECTION: 1 - Requestor Complete Sections 1, 2, and 3. Please PRINT all information. Return the completed request to the Unit ADA Coordinator. TO: (Facility/Office/Unit Head) Date: (Month/Day/Year) Requestor: Address: Requestor: (Check only one) Employee Inmate Other (Briefly Identify) SECTION 2: - Request is for what Area? Check only One. Personal Disability Accommodation Program Participation Structural Accessibility Other - Specify SECTION 3: - Briefly state the problem and the proposed solution - Use additional pages as needed. ID# RESPONSE TO REQUEST Date Received: (Month/Day/Year) Comments: AUTHORIZATION: RFA Number - Assigned by ADA Coordinator Approved Modified Date: (Month/Day/Year) Entered/Logged Into Master File (Date) Copy sent to ADA HQ Coordinator (Date) Disapproved 46:225, et seq Medical Certification Form Attachment B Public Safety and Corrections, Corrections Services, LR 26:1311 (June 2000). Employee Name: Unit: Job Title: Telephone Number: MEDICAL CERTIFICATION FORM The following information is needed to assess the employee's request under the Americans with Disabilities Act. Type of Prognosis: (Please explain in detail) Is this Condition: Temporary Permanent Date the Condition Began: Date of Return to Work: Does this condition allow the employee to perform the Essential Functions of his job? YES NO If not, please describe what type of accommodation is needed for which essential function. Date: SS# Other Comments: Employee's Signature: Supervisor's Signature: Health Care Provider's Signature: Department of Public Safety & Corrections Corrections Services Headquarters ADA Office P.O. Box Baton Rouge, Louisiana Date: Date: Date: Louisiana Administrative Code March

19 CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT 46:225, et seq. Public Safety and Corrections, Corrections Services, LR 26:1312 (June 2000) Drug-Free Workplace A. Purpose. To provide a comprehensive program of substance abuse education and to establish guidelines for employee drug/alcohol testing. B. Applicability. All Employees of Corrections Services. The Deputy Secretary, Undersecretary, Assistant Secretaries and each unit head are responsible for conveying the contents of this regulation to all concerned. C. Definitions CAP-FUDT Laboratory a laboratory certified by the College of American Pathologists for forensic urine drug testing. Custodian of Records staff person responsible for the direct accountability of drug test results. Drug Testing for the purpose of this regulation, drug testing programs will generally be comprised of two testing components preliminary analysis; and formal testing. The application of formal testing may be contingent upon the results of the preliminary analysis. Alcohol testing consists only of administering the approved test and replicating any positive results. Employee any individual employed by or appointed to a position with the Louisiana Department of Public Safety and Corrections, Corrections Services (including student workers and temporary appointments) or by an outside agency or provider who works in an institution or division or any individual under contract to the Louisiana Department of Public Safety and Corrections, Corrections Services who works in an institution or division. (This does not necessarily confer "employment" status on independent contractors or employees of outside agencies, but serves to define a class of people who are subject to participation in the Drug-Free Workplace Program.) Formal Testing drug testing conducted by a CAP-FUDT or SAMSHA certified laboratory which usually follows a positive result on a preliminary analysis for the presence of drugs. Inmate anyone committed to the department, whether as an adult or juvenile. Preliminary Analysis the first analytical procedure to detect the presence of drugs or metabolites using approved drug testing instruments. (See 207.H.1 for additional information.) The results of the preliminary analysis are to be used solely to indicate the need for additional formal testing, except for those who are being tested for preemployment purposes. In this case, when the preliminary analysis is positive, it will be sufficient cause to either remove the prospective employee from consideration for employment or appointment or be cause for conducting formal testing. If formal testing is conducted and the result is positive, then this shall be cause for the prospective employee's elimination from consideration for employment or appointment. Safety/Security Sensitive Position any job which directly or indirectly affects the safety and security of others. For the purpose of this regulation, safety/security sensitive positions are those which involve direct contact with inmates, offenders and persons under supervision and those having access to confidential information relative to the care, confinement or supervision of inmates, offenders and persons under supervision. All positions within the department are considered to be safety/security sensitive positions, including those that may require or authorize access to a prison or an incarcerated individual, those with duties that may require or authorize carrying a firearm, those that may require instructing or supervising any person to operate or maintain, or that may require or authorize operating or maintaining, any heavy equipment or machinery and those that may require or authorize the operation or maintenance of a public vehicle, or the supervision of such an employee. SAMSHA Certified Laboratory a laboratory certified by the Substance Abuse and Mental Health Services Administration for forensic urine drug testing. Unit Head refers to the head of each operational unit. D. Policy. Substance abuse is a major contributor to criminal activity and is particularly detrimental to our overall correctional mission in providing for the safety of employees and the public. Staff who engage in substance abuse are less likely to enforce policies and procedures effectively to control or to prevent illicit drug and alcohol use by other employees and inmates. Therefore, it is the secretary's policy to promote increased employee awareness of substance abuse and to achieve and maintain a workplace free of drugs and alcohol. E. General. Each unit head is responsible for implementation of a substance abuse education program that requires compliance with this regulation. Each employee is responsible for refraining from illegal use, possession, sale or manufacture of controlled substances, and from reporting to work or working while under the influence of or impaired by alcohol or drugs. F. Type of Testing 1. Pre-Employment. Drug testing will be conducted prior to employment. (See 207.C.Drug Testing for additional information.) 2. Reasonable Suspicion/Probable Cause. Reasonable suspicion/probable cause screening and subsequent testing, as appropriate, may be based on: a. observable phenomena, such as direct observation of drug use or possession and/or the physical symptoms of being under the influence of a drug or alcohol or when the odor of alcohol, marijuana smoke, or other substance, as appropriate, is present; b. abnormal conduct or erratic behavior; Louisiana Administrative Code March

20 CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT c. arrest or conviction for a drug or alcohol-related offense, or the identification of an employee as the focus of a criminal investigation into illegal drug possession, use or trafficking (the term trafficking shall also mean distribution); d. information provided by reliable and credible sources or independently corroborated; e. newly discovered evidence that the employee tampered with a previous drug or alcohol test; f. credible allegation or confirmation of involvement in a significant violation of policy in which judgment may have been impaired. 3. Post Accident. An employee shall be subject to drug testing following an accident that occurs during the course and scope of their employment that: a. involves circumstances leading to a reasonable suspicion of the employee's drug use; b. results in a fatality; or c. results or causes the release of hazardous waste as defined in R.S. 30:2173(2) or hazardous materials as defined in R.S. 32:1502(5); d. an employee who is involved in an accident that results in bodily injury or property damage may be subject to drug testing. 4. Rehabilitative. As a condition for returning to work after participating in a rehabilitation program, an employee must participate in a substance abuse aftercare program and agree to follow-up testing on a random basis for up to 48 months. (Additionally, medical professionals who are in an impaired program or who have a documented substance abuse history must agree to periodic drug/alcohol testing throughout the course of their employment.) Staff testing positive without legitimate explanation whose employment is not terminated are subject to rehabilitative random testing for a period of 48 months. 5. Random. All employees who occupy safety/security sensitive positions (as defined in this regulation) will be subject to random drug testing. On a quarterly basis, a list of social security numbers representing at least 5 percent of a unit's employees will be selected at random by a computergenerated selection process. This list will be provided to each institution, the Division of Probation and Parole, the Division of Youth Services, Prison Enterprises and Headquarters. a. The Office of Information Services will generate the list of social security numbers at the prescribed interval and insure that the lists are distributed directly to the unit heads. (Alternatively, if a unit has a drug-testing services contract with a CAP-FUDT certified or SAMSHA certified laboratory, the production of this list may be included as part of those services.) b. Unit heads will establish a policy for matching the social security numbers to employee names, notification of selected employees, recording of test results and other appropriate procedures as needed. c. All tests will be conducted during the selected employees' work hours; no employee will be called in on his day/night off specifically for the purpose of a random drug test. d. The conduct of this program will be in accordance with 207.H. 6. Promotion. Drug testing will be conducted prior to promotion. G. Substances to be Tested for. As provided by statute, drug testing may be performed for any of the following classes of drugs: marijuana; opiates; cocaine; amphetamines; and phencyclidine. This does not preclude testing for any other illegal drugs, alcohol, or abused prescription medication. H. Conduct of the Drug Testing Program. All urine specimens for drug testing shall be collected, stored, and transported pursuant to applicable laws and appropriate safety procedures. 1. Drug screening instruments approved by the secretary may be utilized as a preliminary analysis to determine the need for further testing, but may not be used as the basis for any disciplinary action or other adverse action. (Formal testing may be utilized initially in lieu of preliminary analysis when the unit head determines that this is the most efficient method.) 2. Collection of Specimens a. Collection of urine specimens may be done onsite by the operational unit's staff who have received the appropriate training or by outside laboratory personnel or off-site at an outside laboratory. b. All collection of urine specimens shall be made with regard to gender sensitivity and privacy of the individual. c. Direct observation during collection of the urine specimen may be allowed only under the following conditions: i. there is reason to believe that the individual may alter or substitute the specimen to be provided; or ii. the individual has provided a urine specimen that falls outside the acceptable temperature range; or iii. the last urine specimen provided by the individual was verified by a MRO as being adulterated based upon the determinations of the laboratory; or iv. the person collecting observes conduct indicating an attempt to substitute or adulterate the sample; or v. the individual has previously been determined to have a urine specimen positive for one or more of the drugs listed in 207.G and is being tested for the purposes of follow-up testing upon or after return to service; or vi. the type of drug testing is post-accident or reasonable suspicion/ probable cause. Louisiana Administrative Code March

Title 34-A: CORRECTIONS

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