Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part I - Corrections › Chapter 7 - Youth Services › Subchapter A - Administration › Section I-713 - Youth Administrative Remedy Procedure [Formerly Section 326]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose. The
				  purpose of this regulation is to establish an administrative remedy procedure
				  specific to juvenile offenders through which an offender may seek formal review
				  of a complaint which relates to most aspects of his stay in secure care if less
				  formal procedures have not resolved the matter.
B. Applicability. Assistant Secretary/Office
				  of Youth Development, wardens, Youth Programs Compliance Division staff and
				  employees and offenders of each juvenile institution.
C. Definitions
ARP Coordinator
-a staff member designated
					 by the warden whose responsibility is to coordinate and facilitate the ARP
					 process.
Business Days
-Monday through
					 Friday.
Calendar Days
-consecutive days including
					 weekends and holidays.
Case Manager
-a staff member whose primary
					 responsibilities include a assisting offenders.
Emergency Grievance
-a matter in which
					 disposition within the regular time limits would subject the offender or others
					 to substantial risk of personal injury, or cause other serious or irreparable
					 harm.
Grievance
-a written complaint on an
					 offender's behalf regarding a policy, condition, action, or incident occurring
					 within an institution that affects the offender personally.
Initiation of the ARP Process
-for a
					 particular complaint, the administrative remedy procedure shall commence the
					 day the request is accepted in the ARP process.
Offender
-a person incarcerated in a
					 juvenile correctional institution.
Sensitive Issue
-a complaint which the
					 offender believes would adversely affect him if it became known at the
					 institution.
Youth Programs Compliance Division (YPCD)
-a division located at the Office of Youth Development Headquarters in
					 Baton Rouge. Employees of this division are responsible for monitoring the ARP
					 process.
D. Policy
1. The administrative remedy procedure for
				  juveniles has been established for offenders to seek formal review of a
				  complaint which relates to most aspects of their incarceration. Such complaints
				  and grievances include, but are not limited to, any and all claims seeking
				  monetary, injunctive, declaratory, or any other relief authorized by law. By
				  way of illustration, this includes actions pertaining to conditions of
				  confinement, personal injuries, medical malpractice, lost personal property,
				  denial of publications, time computations, even though urged as a writ of
				  habeas corpus, or challenges to rules, regulations, policies or statutes.
				  Through this procedure, offenders shall receive reasonable responses and where
				  appropriate, meaningful remedies.
2. Offenders may request administrative
				  remedies to situations arising from policies, conditions, or events within the
				  institution that affect them personally. Disciplinary reports are not grievable
				  and must be handled through the disciplinary appeal system. Court decisions and
				  pending criminal and adjudication matters over which the department has no
				  control or jurisdiction shall not be appealable through this administrative
				  remedy procedure.
3. All offenders,
				  regardless of their classification, impairment or handicap, shall be entitled
				  to invoke this grievance procedure. It shall be the responsibility of the
				  warden to provide appropriate assistance for offenders with literacy
				  deficiencies or language barriers. No action shall be taken against an offender
				  for the good faith use of or good faith participation in the procedure.
				  Reprisals of any nature are prohibited. Offenders are entitled to pursue,
				  through this grievance procedure, a complaint that a reprisal
				  occurred.
4. All offenders may
				  request information and obtain assistance in using the administrative remedy
				  procedure from his case manager, counselor, or other staff member. Nothing in
				  this administrative remedy procedure will serve to prevent or discourage an
				  offender from communicating with the warden or anyone else in the
				  department.