Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part I - Corrections › Chapter 7 - Youth Services › Subchapter D - Disciplinary Rules for Youth Offenders › Section I-785 - Definitions [Formerly Section 375]

Current through Register Vol. 50, No. 6, June 20, 2024
Administrative Segregation/Confinement
(formerly referred to as
Room Confinement
)-a unit housing
					 offenders whose continued presence in the general population poses a threat to
					 life, property, self, staff, other offenders, the security or orderly running
					 of the institution, or who are the subject of an investigation conducted by
					 noninstitutional authorities. In addition, offenders who are pending transfer
					 to another institution or pending assignment or reassignment within an
					 institution may be held in "Administrative Segregation/Confinement." (Refer to
					 Section 377. A. Disciplinary Procedures-Administrative Segregation/ Confinement
					 Guidelines.)
Appeal
- a request by an offender for
					 review of a disciplinary decision.
Classification
- a process for determining
					 the needs and requirements of those for whom confinement has been ordered and
					 for assigning them to housing units and programs according to their needs and
					 existing resources.
Confidential Informant
- person whose
					 identity is not revealed to the accused offender but who provides an
					 employee(s) with information concerning misbehavior or planned
					 misbehavior.
Disciplinary Committee
- a properly
					 composed committee will consist of two employees: a duly authorized chairman,
					 and a duly authorized member; each representing a different element (security,
					 administration, or treatment) and authorized to conduct hearings and impose
					 disciplinary sanctions in compliance with the procedures set forth in this
					 document. The chairman must be approved by the secretary and the member must be
					 approved by the superintendent. Any disciplinary committee chairman/member
					 directly involved in the incident or who is biased for or against the accused
					 cannot hear the case unless the accused waives recusal. Performance of a
					 routine administrative duty does not necessarily constitute "direct
					 involvement" or "bias." If the decision of the disciplinary committee is not
					 unanimous, the chairman will refer the case to another disciplinary committee.
					 If the second decision is not unanimous, then a finding of not guilty is
					 appropriate.
Disciplinary Hearing Officer
- a ranking
					 security officer (lieutenant or above) or any supervisory level employee from
					 administration or treatment appointed by the superintendent who conducts
					 hearings of minor violations and who may impose only minor sanctions. The
					 disciplinary hearing officer may also hear protective custody cases. Any
					 disciplinary hearing officer directly involved in the incident or who is biased
					 for or against the accused cannot hear the case unless the accused waives
					 recusal. Performance of a routine administrative duty does not necessarily
					 constitute "direct involvement" or "bias."
Disciplinary Report
- a report on the
					 approved form completed and filed by an employee who has reason to believe of
					 his own knowledge that an offender has violated one or more disciplinary rules.
					 Disciplinary reports may be heard by the disciplinary hearing officer or the
					 disciplinary committee. (See also
Incident Report
)
Hearing
- a fair and impartial review
					 conducted by the disciplinary hearing officer or the disciplinary committee. A
					 hearing must be scheduled as soon as possible but no later than seven days,
					 excluding weekends and holidays, after the alleged violation.
Incident Report
- a report on the approved
					 form filed by an employee describing an instance of planned or committed
					 misbehavior (usually filed when the information is obtained through sources
					 other than the reporting employee's first hand knowledge-sources such as
					 confidential informants, other offenders, or nonemployees), or to describe
					 planned or committed misbehavior that may not be defined under a specific rule
					 description. In addition, a document that may be used to review the
					 appropriateness of a custody or classification assignment. Incident reports are
					 heard by the disciplinary committee. (See also
Disciplinary
					 Report
)
Informal Resolution
- a procedure used
					 when a minor rule has been violated and the employee believes it may properly
					 be handled by reprimand and/or counseling.
Investigative Officer
- an experienced
					 employee assigned by the disciplinary committee or other appropriate staff to
					 investigate a disciplinary report utilizing Form JR-8.
Investigative Report
- a report on the
					 approved form submitted to the disciplinary committee/hearing officer by an
					 investigative officer detailing the facts pertaining to an
					 investigation.
Major Offense
- Schedule B rule violation.
					 (Refer to §383.)
Minor Offense
- Schedule A rule violation.
					 (Refer to §381)
Restitution
- restitution may be obtained
					 by a disciplinary committee in accordance with Department Regulation Number
					 30-41 from an offender who damages or destroys property, escapes or attempts to
					 escape, causes or attempts to cause injury to himself, other offenders, staff
					 and/or civilians (this includes lost wages), or who has a pattern of alleging
					 injury or illness with the result that medical expenses are incurred and after
					 a finding of guilt by the disciplinary committee following a full (due process)
					 hearing. Restitution is not a disciplinary penalty.
Sanction
- a disciplinary penalty.
Special Unit
- a housing section that
					 separates offenders who threaten the security or orderly management of the
					 institution from the general population.
Staff Representative
- a staff member
					 selected by the offender in accordance with institutional procedure for the
					 purpose of representing the offender before the disciplinary committee
					 chairman/hearing officer. (See Form JR-1 for duties of staff representative and
					 exceptions.) The superintendent or his designee shall publish a list of names
					 of staff representatives and shall make the list available to the disciplinary
					 hearing officers, disciplinary committee chairmen, and offenders. All case
					 managers should appear on the list, as well as selected administrative,
					 educational, security and other personnel. The case manager should normally be
					 chosen; however, any employee chosen must be on duty at the time of the hearing
					 and must be able to perform the function without serious disruption to normal
					 job responsibilities. Employees who write the disciplinary report, who witness
					 the reported incident, who investigate the incident, or conduct the
					 disciplinary hearings may not act as staff representative for the particular
					 case. If the staff representative encounters difficulties during the
					 representation that he believes will prevent him from functioning properly
					 (i.e., biases which would prevent him from being an offender advocate), he
					 should request approval from the disciplinary committee chairman/hearing
					 officer to be disqualified from the case.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 15:823.