reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part I - Corrections › Chapter 9 - Administration of Medications to Children in Detention Facilities › Section I-913 - Unlicensed Training Curriculum for Medication Administration [Formerly Section 513]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The six hours of
				general training for the medication administration course shall consist at
				minimum of the following information:
1.
				legal role differentiation in medication delivery;
2. classification of medications and general
				purposes of each;
3. proper
				procedures for administration of medication;
4. handling, storage, and disposal of
				medications;
5. appropriate and
				correct record keeping;
6.
				appropriate actions when emergencies and other unusual circumstances
				occur;
7. appropriate use of
				resources.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part I - Corrections › Chapter 9 - Administration of Medications to Children in Detention Facilities › Section I-915 - Unlicensed Trained Employee Administering Medication Certificate [Formerly Section 515]

Current through Register Vol. 50, No. 6, June 20, 2024
A. A certificate of
				completion of the six hour general training course shall be issued by the
				detention facility to those employees who successfully complete the course
				within the specified time lines. The certificate shall include at least the
				following information:
1. name of the
				unlicensed employee;
2. date of
				completion of the training and renewal date;
3. name of the juvenile detention
				center;
4. number of course
				hours;
5. signature of the
				instructor and the director of the detention center.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part I - Corrections › Chapter 9 - Administration of Medications to Children in Detention Facilities › Section I-917 - Continuing Requirements [Formerly Section 517]

Current through Register Vol. 50, No. 6, June 20, 2024
A. To ensure competency of unlicensed trained
				personnel the detention facility shall provide ongoing in-service training
				conducted by a qualified registered nurse or physician with the minimum
				qualifications defined above.
1. In-service
				training shall be provided to unlicensed trained employees relative to
				medication administration as needed, at least annually, through a review of the
				following areas:
a. handling, storage, and
				disposal of medications and hazardous waste;
b. documentation and record
				keeping;
c. reporting and
				documenting medication errors;
d.
				response to and documentation of emergencies;
e. updates to drug changes and
				interactions;
f. detention facility
				policy and guidelines for administration of medication;
g. appropriate use of resources.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part I - Corrections › Chapter 9 - Administration of Medications to Children in Detention Facilities › Section I-919 - Removal of an Unlicensed Trained Employee from Responsibilities to Administer Medication [Formerly Section 519 ]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The removal of an unlicensed trained
				employee to administer medication shall occur under any of the following
				circumstances:
1. falsifies
				record(s);
2. found guilty of
				abuse/neglect and/or misappropriation of a juvenile's medication or
				equipment;
3. fails to participate
				in annual in-service;
4. Performs
				unsatisfactorily with said performance documented and reported by the course
				instructor tot he director. The course instructor has the option either to
				provide in-service training, to require that the medication administration
				course be repeated, or to relieve the employee of the responsibility to
				administer medication following due process procedures.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part I - Corrections › Chapter 9 - Administration of Medications to Children in Detention Facilities › Section I-921 - Limitation [Formerly Section 521]

Current through Register Vol. 50, No. 6, June 20, 2024
A. An unlicensed trained employee's authority
				to administer medications is not delegable.
B. There are no grandfathering
				provisions.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 37:918(K), and
				  15:911.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part I - Corrections › Chapter 9 - Administration of Medications to Children in Detention Facilities › Section I-923 - Exclusion [Formerly Section 523]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Nothing herein shall prohibit a registered
				nurse from administering medications in juvenile detention centers.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 37:918(K), and
				  15:911.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part I - Corrections › Chapter 11 - Prison Enterprises › Section I-1101 - Responsibilities and Functions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Purpose-to clarify and further establish and outline the functions and
				responsibilities of the Division of Prison Enterprises pursuant to the
				provisions of
				R.S.
				15:1156.
B. Applicability-deputy secretary, chief of
				operations, undersecretary, assistant secretary, regional wardens, wardens,
				Director of Prison Enterprises, and Director of Probation and Parole. Each unit
				head shall ensure appropriate unit written policies and procedures are in place
				to comply with the provisions of this regulation.
C. Policy
1. The Division of Prison Enterprises is an
				integral component of the department's reentry initiatives by enabling
				offenders to increase their potential for successful rehabilitation and
				reintegration into society by providing occupational and skills training
				through productive job opportunities. To that end, the Division of Prison
				Enterprises shall develop and implement policies and procedures for
				agriculture, aquaculture, silviculture, marketing programs, industrial
				enterprises, livestock operations, and services to utilize the department's
				resources in the production of food, fiber, and other necessary items used by
				offenders to promote good work habits, to teach systems of accountability, and
				to simulate work environments offenders potentially may experience upon their
				release. Prison Enterprises shall provide training and work opportunities for
				offenders to enhance the department's reentry initiatives. Prison Enterprises
				provides products and services to state and local agencies, other political
				subdivisions, open market customers, and public employees, and additionally
				utilizes the department's resources to lower imprisonment costs.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part I - Corrections › Chapter 13 - Residential Referral › Subchapter A - General Provisions › Section I-1301 - Judicial Agency Referral Residential Facilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose - to state the secretary's rules
				  relative to the housing or temporary residence of individuals who have been
				  arrested for the commission of a crime and are referred by any judicial agency
				  to a certified residential facility and to provide for the construction,
				  standards of operation and services provided by such residential facilities.
				  Further, certified judicial agency referral residential facilities shall also
				  be available for use by the Division of Probation and Parole to house offenders
				  under supervision by the Division of Probation and Parole. Such offenders who
				  are probationers shall be accountable to the applicable court and those who are
				  parolees shall be accountable to the Committee on Parole.
B. Applicability - deputy secretary,
				  undersecretary, chief of operations, assistant secretary, director of probation
				  and parole, chairman of the Committee on Parole and administrators of housing
				  or temporary residential facilities. The chief of operations is responsible for
				  the overall implementation, compliance and review of this regulation. Each unit
				  head is responsible for ensuring that appropriate unit written policy and
				  procedures are in place to comply with the provisions of this
				  regulation.
C. Policy. No facility
				  not otherwise required to be licensed by the Department of Health and Hospitals
				  or Department of Children and Family Services, shall provide housing or
				  temporary residence to any individual referred by a judicial agency, the court
				  or the Committee on Parole except in accordance with this regulation. Referrals
				  to such facilities by a judicial agency, the court or the Committee on Parole
				  may only be made after the facility has been inspected by the Department of
				  Public Safety and Corrections and certified to be in compliance with the
				  standard operating procedures established pursuant to this
				  regulation.
D. Procedures
1. The facility shall comply with all
				  building codes, local zoning requirements and ordinances with regard to permits
				  and licenses.
2. The state fire
				  marshal and state health officer shall determine rated bed capacity and
				  approval for occupancy.
3. The
				  facility shall comply with the standard operating procedures (SOP) for judicial
				  agency referral residential facilities. Revisions to the SOP shall be
				  accomplished through this regulation under the signature of the
				  secretary.
4. The facility shall be
				  accredited by the American Correctional Association within 24 months of opening
				  and shall maintain accreditation at all times thereafter.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part I - Corrections › Chapter 13 - Residential Referral › Subchapter B - Standard Operating Procedures for Judicial Agency Referral Residential Facilities › Section I-1303 - Standard Operating Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  American Correctional Association (ACA)
1.
				  All judicial agency referral residential facilities shall be operated in
				  accordance with
				  R.S.
				  40:2852 and must maintain accreditation by
				  the American Correctional Association Standards for Adult Community Residential
				  Services. Facilities shall be accredited by the American Correctional
				  Association (ACA) within 24 months of opening as a judicial agency referral
				  residential facility.
2. Written
				  policies and procedures that reflect compliance with ACA and the standard
				  operating procedures for judicial agency referral residential facilities, as
				  well as facility rules for resident behavior must be submitted to and approved
				  by the secretary of the Department of Public Safety and Corrections prior to
				  beginning operations or implementation. Any proposed revisions to policies,
				  procedures or facility rules must be submitted for approval prior to
				  implementation.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part I - Corrections › Chapter 21 - Medical Reimbursement Plan › Section I-2101 - Medical Reimbursement Plan

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Purpose-to provide for the implementation and administration of an offender
				co-payment program.
B.
				Applicability-deputy secretary, undersecretary, chief of operations, regional
				wardens, wardens, and the sheriff or administrator of local jail facilities.
				Each unit head is responsible for ensuring that appropriate unit written policy
				and procedures are in place to comply with the provisions of this
				regulation.
C. Policy. It is the
				secretary's policy that medical co-payments must comply with the provisions of
				R.S.
				15:831(B)(1).
D. Procedures
1. Offenders Housed in State Institutions
a. Procedures concerning medical co-payments
				shall be followed in accordance with procedures established by the department's
				medical/mental health director.
b.
				Offenders shall file a claim with a private medical or health care insurer (or
				any public medical assistance program under which the offender is covered and
				from which the offender may make a claim), for payment or reimbursement of the
				cost of any such medical treatment. Upon receipt of the claim proceeds, the
				offender shall reimburse the department for the cost of medical services
				provided.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 1 - Preface › Section III-101 - Preface

Current through Register Vol. 50, No. 6, June 20, 2024
A. These
				  regulations governing the privacy and security of criminal history record
				  information in the state of Louisiana are effective after November 30, 1977.
				  Full implementation is required by December 31, 1977.
B. The regulations were drafted by the
				  Privacy and Security Steering Committee of the Louisiana Criminal Justice
				  Information System (LCJIS) Advisory Board and members of the LCJIS staff in
				  accordance with a federal and state executive mandate to the Louisiana
				  Commission on Law Enforcement. The commission approved the regulations on
				  October 26, 1977.
C. A separate set
				  of guidelines and implementation instructions was published to provide
				  significant assistance in understanding and adapting the regulations to local
				  needs and peculiarities. Questions concerning the regulations or guidelines may
				  be addressed to the Louisiana Commission on Law Enforcement at its recognized
				  business address.
The Louisiana Criminal Justice Information System,
						formerly a division of the Louisiana Commission on Law Enforcement, no longer
						exists. Questions concerning the regulations or guidelines may be addressed to
						the:
Louisiana Commission on Law Enforcement
2121 Wooddale Boulevard
Baton Rouge, LA 70806
Telephone: (225)
						925-4418.]
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 3 - Introductory Information › Section III-303 - Application of Rules

Current through Register Vol. 50, No. 6, June 20, 2024
A. These
				  regulations apply to all criminal justice agencies organized under the
				  constitution or laws of the state of Louisiana which were awarded Law
				  Enforcement Assistance Administration (LEAA) monies after July 1, 1973, for
				  manual or automated systems which collect, store, or disseminate criminal
				  history record information. The regulations do not directly apply to agencies
				  which have received LEAA funds for general purposes other than the collection,
				  storage, or dissemination of criminal history record information. For example,
				  an agency receiving funds to implement and operate automated noncriminal
				  history record information systems (e.g., personnel, resource allocation,
				  performance evaluation) would not by such funding be included under these
				  regulations.
B. These regulations
				  apply to all criminal justice agencies organized under the constitution or laws
				  of the state of Louisiana which are or become signatories to a user's
				  agreement. In such instances, the user's agreement shall control the extent to
				  which these regulations are applicable.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 3 - Introductory Information › Section III-305 - Existing Rights

Current through Register Vol. 50, No. 6, June 20, 2024
A. Nothing
				  contained in any of these privacy and security regulations shall be construed
				  to reduce, eliminate, or otherwise adversely affect any rights which
				  individuals may have under any existing Louisiana law, court decision, or
				  administrative rule.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 3 - Introductory Information › Section III-307 - Criminal History Record

Current through Register Vol. 50, No. 6, June 20, 2024
A. These
				  regulations apply to criminal history record information, as defined in
				  §317 The following types of record information that might contain or
				  otherwise be included within the definition of criminal history record
				  information are specifically excluded:
1.
				  posters, announcements, or lists for identifying or apprehending fugitives or
				  wanted persons;
2. original records
				  of entry such as police blotters maintained by criminal justice agencies,
				  compiled chronologically and required by law or longstanding custom to be made
				  public, if such records are accessed solely on a chronological basis;
3. court records of public judicial
				  proceedings;
4. published court or
				  administrative opinions;
5. public
				  judicial, administrative, or legislative proceedings;
6. records of traffic offenses maintained by
				  state departments of transportation, motor vehicles or the equivalent thereof
				  for the purposes of regulating the issuance, suspension, revocation, or renewal
				  of driver's, pilot's or other operator's licenses;
7. announcements of executive
				  clemency;
8. juvenile
				  records;
9. any other specific
				  exemptions as may from time to time be provided by federal regulations, state
				  statute or which may be particularly specified in any of these
				  regulations.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 3 - Introductory Information › Section III-309 - Effective Date

Current through Register Vol. 50, No. 6, June 20, 2024
A. These
				  regulations shall be effective after November 30, 1977.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 3 - Introductory Information › Section III-311 - Penalties for Violation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Under
				  federal law, an affected agency which willfully and knowingly violates these
				  regulations may be subject to termination of funds made available by the Law
				  Enforcement Assistance Administration, and a $10,000 fine. Additionally, future
				  eligibility for receipt of Law Enforcement Assistance Administration funds may
				  be suspended until the violating agency furnishes proof of compliance with
				  these regulations.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 3 - Introductory Information › Section III-313 - Fines

Current through Register Vol. 50, No. 6, June 20, 2024
A. Under Louisiana
				  Law (R.S.
				  15:575 et seq.) an officer or official of a
				  criminal justice agency may be subject to a fine between $50 and $500 for
				  violating any rules or regulations issued by the Louisiana Criminal Justice
				  Information System.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 15:579,
					 R.S. 15:596,
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 3 - Introductory Information › Section III-315 - Violating Agency

Current through Register Vol. 50, No. 6, June 20, 2024
A. A violating
				  agency may be barred from receiving information from the central state
				  repository until such agency furnishes proof of compliance with these
				  regulations.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 5 - User's Agreement › Section III-501 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. It is the
				  purpose of this regulation to insure statewide compliance with privacy and
				  security regulations by requiring all recipients of criminal history record
				  information from primarily affected agencies to sign user's agreements, and to
				  provide for the minimum terms and conditions of such user's
				  agreements.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 5 - User's Agreement › Section III-503 - Signers and Signatories

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every
				  primarily affected agency, excluding official custodians of court records,
				  shall, prior to disseminating criminal history record information to any
				  criminal justice agency which is not otherwise bound by the Louisiana privacy
				  and security regulations, require such an agency to sign a user's agreement,
				  provided that upon presentation of proof that it is already a signatory to a
				  valid user's agreement, the information requesting agency may not be required
				  to sign an additional user's agreement.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 5 - User's Agreement › Section III-505 - Signers

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every primarily
				  affected agency, excluding official custodians of court records, shall, prior
				  to disseminating criminal history record information to an eligible noncriminal
				  justice agency which is not otherwise bound by the Louisiana privacy and
				  security regulations, require such an agency to sign a user's
				  agreement.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 5 - User's Agreement › Section III-507 - Eligible Noncriminal Justice Agency

Current through Register Vol. 50, No. 6, June 20, 2024
A. An eligible noncriminal justice agency,
				  for purposes of this Part, shall constitute every noncriminal justice agency
				  receiving access to criminal history records on a regular and recurring basis
				  or on any basis other than the established procedures under the Louisiana
				  Public Records Law.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 5 - User's Agreement › Section III-509 - Forwarding Copies

Current through Register Vol. 50, No. 6, June 20, 2024
A. Whenever a
				  primarily affected agency, excluding official custodians of court records,
				  signs a user's agreement with an otherwise non affected agency, the primarily
				  affected agency shall immediately forward a copy of the signed user's agreement
				  to the Privacy and Security Committee. Copies of all user's agreements shall be
				  kept on file by the signatory agencies, and shall be made available for public
				  inspection upon demand.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 5 - User's Agreement › Section III-511 - Privacy and Security Form Number 7

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every primarily affected agency or
				  secondarily affected agency, excluding courts, which enters into an agreement
				  permitting an eligible agency access to criminal history record information
				  shall employ LCLE-Privacy and Security Form No. 7 for the purpose of fulfilling
				  the obligation imposed by this regulation.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 7 - Individual Rights of Access to Automated and Manual Criminal History Record Information › Section III-701 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. It is the
				  purpose of this regulation to extend individual rights of access to personal
				  criminal history records beyond the rights currently provided by the Louisiana
				  Public Record Act, as required by federal regulations, and to provide a
				  mechanism for the implementation of those rights.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 7 - Individual Rights of Access to Automated and Manual Criminal History Record Information › Section III-703 - Record Viewing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				  individual shall have the right to view the automated or manual criminal
				  history record information which specifically relates to him, provided that
				  only individual criminal history record information contained in the records of
				  affected criminal justice agencies organized under the constitution of laws of
				  the state of Louisiana shall be accessible under this regulation.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 7 - Individual Rights of Access to Automated and Manual Criminal History Record Information › Section III-705 - Granting Access

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				  individual electing to seek direct access to his automated or manual personal
				  criminal history record under this Chapter shall be granted such access upon
				  fulfillment of the following conditions:
1.
				  the request for access must be in writing, and must be presented to an affected
				  criminal justice agency;
2. the
				  request for access must be in writing, and must be presented to an affected
				  criminal justice agency;
3. the
				  request for access must be presented during the regular office or working hours
				  of the agency which has custody or control of the record;
4. the request for access must be specific
				  enough to enable the person charged with the care or custody of the record to
				  reasonably ascertain the identity of the precise record sought. Specificity
				  requirements may include fingerprints and such personal identifiers as may be
				  essential to the location and retrieval of the record sought.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 7 - Individual Rights of Access to Automated and Manual Criminal History Record Information › Section III-707 - Time for Viewing Records

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Individuals or their personal representatives seeking access under this Subpart
				  shall be allowed to view the desired individual criminal history record within
				  a reasonable time, not to exceed three days, provided that where fingerprint
				  classification is an essential prerequisite to the location and retrieval of
				  the record sought, the time period within which viewing must be made possible
				  may be extended by an additional 30 days.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 7 - Individual Rights of Access to Automated and Manual Criminal History Record Information › Section III-709 - Viewing Procedure (Central State Repository)

Current through Register Vol. 50, No. 6, June 20, 2024
A. An individual wishing to view automated or
				  manual criminal history record information specifically relating to himself and
				  contained in the records of the central state repository shall be granted the
				  right to view such records upon:
1.
				  submitting a written and signed request for viewing to an affected criminal
				  justice agency, other than the central state repository, as outlined in
				  §715;
2. submitting to
				  fingerprinting for the purpose of positively establishing the identity of the
				  requesting individual; and
3.
				  paying a $10 fee.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 7 - Individual Rights of Access to Automated and Manual Criminal History Record Information › Section III-711 - Viewing Procedure (Other than Central State Repository)

Current through Register Vol. 50, No. 6, June 20, 2024
A. An individual
				  wishing to view automated or manual criminal history record information
				  specifically relating to himself and contained in the file of any affected
				  criminal justice agency, other than the central state repository or the agency
				  to which the request is submitted, may gain access to such information by:
1. presenting a written and signed request
				  for viewing to any affected agency, other than the central state repository, as
				  outlined in §715 Such request shall describe with reasonable
				  particularity the records of which viewing is sought, and shall at a minimum
				  state the places where it is believed such records may be kept, and the
				  approximate date of occurrence of the incidents which form the subject of the
				  records requested. Individuals or personal representatives seeking to query
				  criminal justice agencies which maintain criminal history files accessible
				  solely by fingerprint classification numbers must provide the querying agency
				  with a set of fingerprints of the individual seeking access. LCLE-Privacy and
				  Security Form Number 1 shall be used for this purpose;
2. submitting any required positive
				  identifiers, including fingerprints, for the purposes of establishing both the
				  identity of the requesting individual and correctly locating the records
				  sought;
3. paying a $5 fee for each
				  affected criminal justice agency to be queried. An additional $5 fee may be
				  levied by the querying agency for each query forwarded.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 7 - Individual Rights of Access to Automated and Manual Criminal History Record Information › Section III-713 - Personal Representative; Positive Proof

Current through Register Vol. 50, No. 6, June 20, 2024
A. When criminal history record information
				  is requested by a personal representative under
				  §705 through
				  §711, the representative must present positive proof of the identity of
				  the individual actually involved as well as a sworn authorization from the
				  involved individual. Positive proof of identity in this Section shall be
				  understood to mean fingerprints. Upon presentation on the authorization and
				  positive identifier, the representative shall be permitted to request, examine,
				  and/or challenge the criminal history record information specifically relating
				  to the involved individual.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 7 - Individual Rights of Access to Automated and Manual Criminal History Record Information › Section III-715 - Queries

Current through Register Vol. 50, No. 6, June 20, 2024
A. Queries directed
				  to any criminal justice agency shall be launched from any affected sheriff's
				  office or police department. In the parish of Orleans, individuals shall
				  initiate queries through the New Orleans Police Department.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 7 - Individual Rights of Access to Automated and Manual Criminal History Record Information › Section III-717 - Information from Central State Repository

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the information requested by the
				  individual must be obtained from the Central State Repository (CSR), the CSR
				  shall forward the information to the requesting agency within 45 days of
				  receipt of the request, and the requesting agency shall permit the viewing of
				  the information within a reasonable time after receipt. The viewing individual
				  may make a written summary of the information viewed, and may take with him
				  such a summary. A copy of the record obtained from the central state repository
				  shall be furnished to the individual upon request. Such copy should be
				  prominently marked or stamped to indicate that the copy is for review and
				  challenge only and that any other use thereof would be a violation of  42 United States Code Section 3771.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 7 - Individual Rights of Access to Automated and Manual Criminal History Record Information › Section III-719 - Posting Public Notice

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every
				  affected criminal justice agency shall post a public notice informing
				  individuals of their right to access and to administratively challenge the
				  completeness or accuracy of their individual criminal history records.
				  Additionally, every individual seeking to avail himself of the querying
				  procedures set forth in this regulation shall be provided with a list of all
				  affected agencies, and informed of the significance of querying a nonaffected
				  agency.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 7 - Individual Rights of Access to Automated and Manual Criminal History Record Information › Section III-721 - Cooperation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every affected
				  criminal justice agency which has custody of, control over, or access to
				  automated or manual individual criminal history record information shall make
				  available facilities and personnel necessary for such viewing, and shall in all
				  respects maintain a cooperative attitude toward individuals requesting viewing.
				  Viewing shall occur only within the facilities of a criminal justice agency,
				  and only under the supervision and in the presence of a designated employee or
				  agent of a criminal justice agency.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 7 - Individual Rights of Access to Automated and Manual Criminal History Record Information › Section III-723 - Diligence

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every affected
				  criminal justice agency shall, in every instance, diligently seek to provide
				  the information requested. Every out-of-parish criminal justice agency listed
				  on the request for viewing shall be contacted by mail, communication device, or
				  personally within seven days of receipt of the request for viewing. Five
				  dollars shall be assessed for each agency queried by the agency to which the
				  individual submits his request, and shall be forwarded to each queried agency
				  along with the request for viewing. An additional $5 fee may be levied by the
				  querying agency for every query forwarded. Querying agencies shall provide
				  positive identifiers in accordance with §711
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 7 - Individual Rights of Access to Automated and Manual Criminal History Record Information › Section III-725 - Time for Reply

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every affected
				  criminal justice agency which receives a request for information must make
				  every effort to locate the information requested, and shall in any event
				  forward a reply to the requesting agency within seven normal working days of
				  receipt of the request, except as provided for requests to the central state
				  repository. In such instances where the responding agency maintains criminal
				  history record files accessible solely by fingerprint classification numbers,
				  the response time may be extended up to a maximum of 30 days to allow for the
				  classification of the fingerprints accompanying the query. Such classification
				  may be performed by the responding agency or by the central state
				  repository.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 7 - Individual Rights of Access to Automated and Manual Criminal History Record Information › Section III-727 - Fingerprints

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every affected
				  sheriff's office or police department shall fingerprint individuals requesting
				  that the central state repository be queried. In such instances where an
				  authorized representative is presenting a query to the central state repository
				  on behalf of an individual, the representative shall supply at least two sets
				  of the represented individuals' fingerprints on standard fingerprint cards. The
				  fee charged for querying the central state repository and supplying a copy of
				  the results of such query shall be $10. Five dollars of this amount shall be
				  forwarded to the central state repository along with the query, and the
				  remaining $5 shall be placed in the treasury of the criminal justice agency to
				  which the individual submits the request for viewing.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 7 - Individual Rights of Access to Automated and Manual Criminal History Record Information › Section III-729 - Viewing Hours

Current through Register Vol. 50, No. 6, June 20, 2024
A. Individual
				  viewing may, at the discretion of each criminal justice agency, be limited to
				  ordinary daylight business hours.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 7 - Individual Rights of Access to Automated and Manual Criminal History Record Information › Section III-731 - Privacy and Security Form Number 2

Current through Register Vol. 50, No. 6, June 20, 2024
A. A record of each individual viewing shall
				  be maintained by each affected criminal justice agency by the completion and
				  preservation of LCLE-Privacy and Security Form Number 2. Each such form shall
				  be completed and signed by the supervisory employee or agent present at the
				  review. The reviewing individual shall be required to certify by his signature
				  that he has viewed the criminal history record information requested.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 9 - Individual Right to Administrative Review of the Content, Completeness or Accuracy of Individual Criminal History Record Information › Section III-901 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. It is the
				  purpose of this regulation to provide a means for administrative challenge, and
				  ultimate correction of incomplete or inaccurate individual criminal history
				  records.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 9 - Individual Right to Administrative Review of the Content, Completeness or Accuracy of Individual Criminal History Record Information › Section III-903 - Challenge; Correction

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				  viewing individual shall have the right to challenge and request correction of
				  the content, completeness, or accuracy of his individual criminal history
				  record. Each individual shall be informed at the time of viewing of his rights
				  of challenge under this regulation. Individuals shall have a right of
				  administrative appeal under this regulation to seek redress for the denial of
				  rights granted by any of these regulations.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 1 - Privacy and Security Regulation › Chapter 9 - Individual Right to Administrative Review of the Content, Completeness or Accuracy of Individual Criminal History Record Information › Section III-905 - Initial Challenge

Current through Register Vol. 50, No. 6, June 20, 2024
A. This
				  regulation provides the exclusive means for initial challenge of the content,
				  completeness, or accuracy of individual criminal history record information,
				  provided that where the individual criminal history record information under
				  challenge originated from any file, automated or manual, maintained by the
				  judiciary for the purpose of recording process and results of public court
				  proceedings, this regulation shall not be applicable. In the instance last
				  provided for, the sole formal means of challenge or correction shall be a civil
				  suit filed in a state or federal district court.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.