Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part I - Corrections › Chapter 7 - Youth Services › Subchapter A - Administration › Section I-709 - Youth Transfer to Adult Facility [Formerly Section 335]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose. To establish the secretary's
				  policy regarding the limited transfer of juvenile offenders 17 years of age or
				  older to adult facilities.
B. To
				  Whom This Regulation Applies. LAC 22:I.335 is applicable to the deputy
				  secretary, assistant secretaries, wardens, and director of the Division of
				  Youth Services of the Department of Public Safety and Corrections.
C. Definitions
Adult
- an individual convicted by a
					 criminal court and sentenced to the custody of the Department of Public Safety
					 and Corrections (DPSamp;C).
Disposition
- the written order of the
					 juvenile court, following adjudication, which specifies the court's
					 sentence.
Juvenile
- an individual who is
					 adjudicated delinquent by a judge exercising juvenile jurisdiction and
					 sentenced to the custody of the DPSamp;C.
D. Policy
1.
				  It is the secretary's policy, in accordance with
				  R.S.
				  15:902.1, to authorize the limited transfer
				  of juveniles adjudicated delinquent to adult facilities when the juveniles have
				  attained the age of 17 years and are otherwise eligible as defined by this
				  regulation.
2. Juvenile offenders
				  who are adjudicated delinquent for an offense that, if committed by an adult,
				  could not result in a sentence at hard labor, are not eligible for
				  transfer.
3. Generally, juvenile
				  offenders will be transferred to one of the following adult facilities:
a. Adult Reception and Diagnostic Center
				  (ARDC);
b. Elayn Hunt Correctional
				  Center (EHCC);
c. Wade Reception
				  and Diagnostic Center (WRDC);
d.
				  David Wade Correctional Center (DWCC);
e. Louisiana Correctional Institute for Women
				  (LCIW).
4. Juvenile
				  offenders in adult facilities will not have a parole or diminution of sentence
				  release date.
a. They will only have a "full
				  term date." This date will be either:
i. their
				  twenty-first birthday;
ii. their
				  eighteenth birthday if the crime was committed before their thirteenth birthday
				  and it is not a crime enumerated under
Louisiana Children's
				  Code
, Article 897.1;
iii.
				  the date upon which the juvenile has completed the period of commitment as
				  specified in the judgment of the juvenile court; or
iv. the date which reflects the maximum term
				  that an adult could receive if sentenced for the same offense, whichever is
				  earlier.
b. If the
				  period of commitment specified by the juvenile court exceeds the twenty-first
				  birthday, the eighteenth birthday under circumstances outlined, or the maximum
				  term for which an adult could be sentenced for the same crime, then the Office
				  of Youth Development and the headquarters legal section should be notified
				  immediately.
5. Absent
				  special statutory or regulatory restrictions to the contrary, juveniles in
				  adult facilities will participate in all work, education, and other
				  rehabilitative programs on the same basis as adults and will be subject to the
				  same classification and disciplinary processes as adults, including custody
				  status determination. Security supervision and security practices will also be
				  the same for juvenile offenders in adult facilities as for adult
				  inmates.
6. Records of juveniles
				  housed in adult facilities shall be confidential and information may not be
				  disclosed to anyone except in accordance with Department Regulation No.
				  B-03-003, "Access to and Release of Juvenile Offender and Ex-Offender Records,"
				  as set forth in
				  R.S.
				  15:574.12 and
Louisiana Children's
				  Code
, Article 412.