Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part I - Corrections › Chapter 3 - Adult Services › Subchapter A - General › Section I-325 - Administrative Remedy Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Purpose-to constitute the department's "administrative remedy procedure" for
				  offenders as a regulation.
B.
				  Applicability-Deputy secretary, chief of operations, regional wardens, wardens,
				  and sheriffs or administrators of local jail facilities. Each unit head is
				  responsible for ensuring that all unit written policies and procedures are in
				  place to comply with the provisions of this regulation. Furthermore, the
				  provisions of this regulation as amended are applicable retroactively, and thus
				  apply to any policy, condition action, or request for administrative remedy
				  filed prior to the date.
C. Policy.
				  It is the secretary's policy that all offenders and employees have reasonable
				  access to and comply with the department's "administrative remedy procedure"
				  through which an offender may seek formal review of a complaint. Offenders
				  housed in local jail facilities shall also be afforded reasonable access to a
				  grievance remedy procedure. Revisions shall be accomplished through this
				  regulation under the signature of the secretary.
D. Administrative Remedy Procedure-Purpose
1. On September 18, 1985, the Department of
				  Public Safety and Corrections installed in all of its adult institutions a
				  formal grievance mechanism for use by all offenders committed to the custody of
				  the department. The process bears the name Administrative Remedy Procedure
				  (ARP). Offenders are required to use and complete all steps in the procedure
				  properly, including obeying all rules of the procedural process, before they
				  can proceed with a suit in federal and state courts. No action shall be brought
				  in a federal or state court with respect to prison conditions by any offender
				  confined in any jail or correctional facility until all available
				  administrative remedies are properly exhausted.
2. Corrections Services has established the
				  administrative remedy procedure through which an offender may seek formal
				  review of a complaint which relates to any aspect of his incarceration if less
				  formal methods have not resolved the matter Such complaints and grievances
				  include, but are not limited to any and all claims seeking monetary,
				  injunctive, declaratory or any other form of relief authorized by law and by
				  way of illustration, includes actions pertaining to conditions of confinement,
				  personal injuries, medical malpractice, time computations, even though urged as
				  a writ of habeas corpus, or challenges to rules, regulations, policies or
				  statutes, including grievances such as discrimination based on disability,
				  offender requests for accommodations under the Americans with Disabilities Act
				  and for complaints of sexual abuse under the Prison Rape Elimination
				  Act.
3. Through this procedure,
				  offenders shall receive reasonable responses and where appropriate, meaningful
				  remedies.