reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part IX - The Veteran Initiative › Subpart 1 - Certification Program › Chapter 3 - Certification › Section IX-307 - Duration of Certification; Graduation through Growth

Current through Register Vol. 50, No. 6, June 20, 2024
A. The amount of time that a firm may be
				  granted certification by the SE (VI) Certification Program is unlimited until
				  the firm graduates by growing to exceed the eligibility requirements for
				  certification or is terminated from the program by LED.
B. Retention of the firm in the program
				  depends upon the passing of time, the firm's growth and progress toward
				  successfulness and the attainment of its business goals, its compliance with
				  all reporting requirements, willingness and ability to cooperate with and
				  follow through on recommendations of the SE (VI) Certification Program designee
				  or staff.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. R.S.
					 39:2006,
					 R.S.
					 39:2171 et seq., and
					 R.S.
					 51:931.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part IX - The Veteran Initiative › Subpart 1 - Certification Program › Chapter 3 - Certification › Section IX-311 - Deception Relating to Certification

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any individual or business found guilty of
				  deception relating to certification will be denied its certification, or have
				  its already approved certification revoked and shall be discharged from the
				  program, and will not be eligible to reapply under the business name involved
				  in the deception or under any business with which such individual(s) or
				  business may be associated or affiliated.
B. In the event an applicant or certified
				  business knowingly files a false statement in its application or in any other
				  filing, the applicant or the certified business and/or its representatives may
				  be guilty of the offense of filing false public records, and may be subject to
				  the penalty provided for in
				  R.S.
				  14:133. In the event an applicant or a
				  certified business and/or its representative is reasonably believed to have
				  filed a false statement in its application or any other filing, the SE (VI)
				  Certification Program, or its designee or staff, is authorized to notify the
				  District Attorney of East Baton Rouge Parish, Louisiana, and may also notify
				  any other appropriate law enforcement personnel, so that an appropriate
				  investigation may be undertaken with respect to the false statement and the
				  application of any state funds to the application for other filing.
C. The SE (VI) Certification Program or its
				  designee or staff shall have and retain the right, and shall have the
				  authority, but not the obligation, to require and/or conduct full
				  investigations, at any time and from time to time, including but not limited to
				  full financial and performance audits of any applicant, certified business or
				  firm, including all relevant accounts, records and documents of the individual
				  or business.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. R.S.
					 39:2006,
					 R.S.
					 39:2171 et seq., and
					 R.S.
					 51:931.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part IX - The Veteran Initiative › Subpart 1 - Certification Program › Chapter 3 - Certification › Section IX-313 - Departmental Listing; Availability

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department shall maintain a listing of
				  all certified "veteran-owned small entrepreneurships" or "service-connected
				  disabled veteran-owned small entrepreneurships" which shall be updated monthly.
				  The listing shall be available on the Internet and shall also be available in
				  written form upon written request.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. R.S.
					 39:2006,
					 R.S.
					 39:2171 et seq., and
					 R.S.
					 51:931.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part IX - The Veteran Initiative › Subpart 1 - Certification Program › Chapter 3 - Certification › Section IX-315 - Departmental Reporting

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  department shall report annually to the Commissioner of Administration with
				  respect to the graduation rates for businesses which grew to exceed the
				  eligibility requirements for certification in the most recently concluded
				  fiscal year.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. R.S.
					 39:2006,
					 R.S.
					 39:2171 et seq., and
					 R.S.
					 51:931.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part IX - The Veteran Initiative › Subpart 2 - Procurement › Chapter 11 - General Provisions › Section IX-1101 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Louisiana
				  Initiative for Veteran and Service-Connected Disabled Veteran-Owned Small
				  Entrepreneurships (The Veteran Initiative), hereinafter called LAVET, was
				  created to provide additional opportunities for Louisiana-based veteran and
				  service-connected disabled veteran-owned small entrepreneurships, hereinafter
				  called VSE's and DVSE's, respectively, to participate in contracting and
				  procurement with the State of Louisiana. By formalizing existing practices and
				  implementing new procedures, the LAVET will allow the State of Louisiana to
				  target more effectively certified VSE and DVSE participation and create
				  opportunities relating to the state's contracting and procurement. Shown below
				  are the key features of the LAVET.
B.
1. The
				  LAVET is a goal-oriented program, encouraging state agencies to contract with
				  certified VSE's and DVSE's as well as encouraging contractors who receive
				  contracts from the state to use good faith efforts to utilize certified VSE's.
				  The LAVET is a race and gender-neutral program. LAVET participation is
				  restricted to Louisiana-based VSE's and DVSE's certified in accordance with
				  rules promulgated by the Department of Economic Development.
a. The state will establish annual goals for
				  both certified VSE and DVSE participation in state procurement and public
				  contracts. Contract goals will vary based on contracting and subcontracting
				  opportunities, availability of certified VSE's and DVSE's, and price
				  competitiveness.
b. To participate,
				  VSE's and DVSE's must be certified by the Department of Economic Development.
				  Certification is based on a firm's gross revenues, number of employees, and
				  other criteria as specified by Act 167 of the 2009 Regular Legislative
				  Session.
c. The LAVET has
				  guidelines for counting certified VSE and DVSE participation.
d. The LAVET incorporates several procedures
				  to help implement the Initiative.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part IX - The Veteran Initiative › Subpart 2 - Procurement › Chapter 11 - General Provisions › Section IX-1103 - Mission and Policy Statement

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Act 167 of the 2009 Regular Legislative Session enacted
				  R.S.
				  39:2171 et seq., creating the Louisiana
				  Initiative for Veteran and Service-Connected Disabled Veteran-Owned Small
				  Entrepreneurships (The Veteran Initiative) for the State of Louisiana. As
				  enacted, the LAVET is a goal-oriented program, encouraging the state to
				  contract with certified VSE's and DVSE's as well as encouraging the state's
				  contractors to use good-faith efforts to utilize Louisiana-based certified
				  VSE's and DVSE's as subcontractors.
B. It is the mission of the state to promote
				  trade and economic development. It is the state's policy to promote economic
				  development and business opportunities for all sectors of our community.
				  Certified VSE's and DVSE's need to be given an opportunity to participate in a
				  fair portion of the total purchases and contracts for property, services, and
				  construction for the state. Therefore, the state establishes the LAVET to
				  ensure opportunities for certified VSE's and DVSE's to participate in the
				  state's contracting and procurement opportunities and ultimately to enhance the
				  stability of Louisiana's economy.
C. As a matter of policy, the state
				  recognizes and requires competitive pricing, qualifications, and demonstrated
				  competencies in the selection of contractors. The LAVET is designed to create
				  opportunities, while requiring competitiveness and quality of work. As such, it
				  allows the state to target more effectively and strive to increase certified
				  VSE and DVSE participation in the state's contracting and procurement
				  activities. In its operations, the LAVET will assist the state in its mission
				  of promoting economic development.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:2171 et
					 seq.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part IX - The Veteran Initiative › Subpart 2 - Procurement › Chapter 11 - General Provisions › Section IX-1105 - Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. These procedures
				  apply to all state departments, prime contractors, subcontractors, certified
				  VSE's and certified DVSE's involved with LAVET contracts. These procedures do
				  not apply to agency expenditures for amortization of debt, debt service,
				  depreciation, employee benefits, per diem, relocation expenses, salaries,
				  postage, and transfer of charges. These procedures do not apply to contracts
				  for sole source items, contracts with other governmental entities, and those
				  contracts that are prohibited by federal law from inclusion in these
				  procedures.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:2171 et
					 seq.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part IX - The Veteran Initiative › Subpart 2 - Procurement › Chapter 13 - Procedures › Section IX-1301 - Operational Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  procedures herein are established to govern the program components of the LAVET
				  including, without limitation, program compliance, specific implementation
				  measures, purchasing methods, reporting of certified VSE and DVSE
				  participation, imposition of sanctions, and dispute resolution.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:2171 et
					 seq.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part IX - The Veteran Initiative › Subpart 2 - Procurement › Chapter 13 - Procedures › Section IX-1303 - Objectives

Current through Register Vol. 50, No. 6, June 20, 2024
A. The overall
				  objectives for this program are:
1. to
				  implement the policy of the LAVET to promote economic development and business
				  opportunities for all sectors throughout the state;
2. to ensure opportunities for certified
				  VSE's and DVSE's to participate in all phases of the state's contracting
				  activities;
3. to stimulate
				  participation of Louisiana-based certified VSE's and DVSE's with the state and
				  create opportunities through the state's contracting and procurement;
4. to encourage certified VSE's and DVSE's to
				  seek work from prime contractors when qualified and work is
				  available;
5. to formalize existing
				  procurement and contracting practices and implement new procurement and
				  contracting procedures to assist more effectively certified VSE and DVSE
				  participation;
6. to carry out the
				  mandate of the state as enacted by Act 167 of the 2009 Regular Legislative
				  Session;
7. to ensure
				  nondiscriminatory practices in the use of certified VSE's and DVSE's for state
				  contracts.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part IX - The Veteran Initiative › Subpart 2 - Procurement › Chapter 13 - Procedures › Section IX-1309 - Overall Annual LAVET Goals and Agency Participation Levels

Current through Register Vol. 50, No. 6, June 20, 2024
A. Overall Annual Goals. Overall annual goals
				  for LAVET participation for the state will be set each year by the Commissioner
				  of Administration as a percentage increase based on prior year
				  activity.
B. Individual Agency
				  Participation Levels. The Commissioner of Administration will provide guidance
				  on how agencies will determine participation levels. The criteria used to set
				  individual agency participation levels may include but not be limited to
				  certified VSE and DVSE capacities, certified VSE and DVSE availability, nature
				  of the contract, past experiences with LAVET participation, recognized industry
				  composition, and subcontracting opportunities. No quotas or set-asides will be
				  used in implementing the LAVET.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:2171 et
					 seq.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part IX - The Veteran Initiative › Subpart 2 - Procurement › Chapter 13 - Procedures › Section IX-1313 - Procedures for Counting Small Entrepreneurship Participation

Current through Register Vol. 50, No. 6, June 20, 2024
A. The state may count towards its LAVET
				  goals the total dollar value of the contract awarded to the certified VSE or
				  DVSE, if the certified VSE or DVSE is the prime contractor.
B. The state may count the total dollar value
				  of a contract that is subcontracted to a certified VSE or a DVSE.
C. The state may count towards its LAVET
				  goals the total dollar value of a contract awarded to a joint venture, of which
				  a certified VSE or DVSE is a part. The joint venture must provide an affidavit
				  stating the amount of work actually performed by the certified VSE or
				  DVSE.
D. The state may count toward
				  its LAVET goals the total dollar value of the contract if the RFP contemplated
				  awarding ten percent of the total evaluation points to a proposer who
				  demonstrated good faith efforts to use certified VSE's and/or DVSE's as
				  subcontractors, but was unsuccessful in doing so.
E. The state may count toward its LAVET goals
				  the total dollar value of those contracts in which the contractor has provided
				  a good faith subcontracting plan as part of the contract.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:2171 et
					 seq.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part IX - The Veteran Initiative › Subpart 2 - Procurement › Chapter 13 - Procedures › Section IX-1315 - Certification Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Certification procedures are in accordance with rules and regulations
				  promulgated by the Department of Economic Development (LAC 19:VII.Subpart
				  1).
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:2171 et
					 seq.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part IX - The Veteran Initiative › Subpart 2 - Procurement › Chapter 13 - Procedures › Section IX-1319 - Legal Remedies

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Legal remedies will be in accordance with applicable procurement statutes
				  including contract controversies, suspension and/or debarment.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 39:2171 et
					 seq.
Louisiana Administrative Code › Title 19 - CORPORATION AND BUSINESS › Part IX - The Veteran Initiative › Subpart 2 - Procurement › Chapter 13 - Procedures › Section IX-1321 - Reporting Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  Commissioner of Administration is charged with the preparation of an annual
				  report on the progress of the LAVET in the most recently ended fiscal year. The
				  Commissioner must present the report to the House Committee on Appropriations
				  and the Senate Committee on Finance by January 15 of each year. Therefore,
				  information for the commissioner's report regarding an agency's achievement of
				  LAVET goals must be submitted to the commissioner no later than October 1 of
				  each year. Each agency is required to report for the preceding fiscal year:
1. total number and dollar value of all
				  contracts awarded in whole or in part to certified VSE's and DVSE's;
2. number of contracts and the value of the
				  contracts that included a good faith certified VSE and/or DVSE subcontracting
				  plan; and
3. number of actual
				  agency staff that attended Division of Administration training for LAVET and
				  the number of certified VSE's and DVSE's that attended workshops and training
				  sessions.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part I - Corrections › Chapter 1 - Secretary's Office › Section I-102 - Access to and Release of Active and Inactive Records-Juvenile

Current through Register Vol. 50, No. 6, June 20, 2024
§102, Access to
				  and Release of Active and Inactive Records-Juvenile, has been moved to
				  §701.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part I - Corrections › Chapter 1 - Secretary's Office › Section I-105 - Regulation of Air Traffic

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose.
				To state the secretary's policy regarding air traffic at correctional
				institutions.
B. Applicability-
				deputy secretary, chief of operations, regional wardens and wardens. Each
				warden 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 all incoming and outgoing aircraft to and from the
				institutions be monitored.
D.
				General Procedures
1. Individuals who have
				reason to come to the institutions via aircraft must request permission and
				receive authorization in advance, by telephone or in writing, to land at the
				institution - specifically to land on the airstrip at the Louisiana State
				Penitentiary or Dixon Correctional Institute.
2. Requests shall be directed to the warden's
				office during regular business hours, Monday through Friday. Calls received
				after hours or on weekends or holidays shall be handled by the duty
				officer.
3. The individual
				requesting permission to land must provide the following information:
a. reason for coming to the
				institution;
b. date and expected
				time of arrival;
c. number and
				names of persons aboard aircraft; and
d. type of aircraft, color and registration
				number.
4. The warden's
				office shall notify the control center of approved air traffic. The control
				center shall notify the designated prison tower officer(s) or other appropriate
				officers of the incoming air traffic, the expected time of arrival and
				description of the aircraft. The tower officer shall, in turn, inform the
				control center when the aircraft arrives. The control center shall then
				dispatch security to meet the incoming aircraft and to verify the
				identification of the occupants and provide ground transportation when
				necessary.
5. A log shall be
				maintained by security of all aircraft that lands or departs from an
				institution. This log shall contain the date, time of arrival, type of
				aircraft, color, registration number and the names of passengers.
6. Low flying aircraft attempting to land
				anywhere within the vicinity of any institution shall be reported to the
				control center immediately. The control center shall notify security and other
				appropriate personnel as designated by the warden.
7. Each warden is responsible for developing
				written procedures for handling unauthorized and/or emergency landing
				situations and for securing offenders in the immediate area.
8. Private aircraft may be stored on state
				property with the warden's approval. If approved, the owner shall maintain
				liability insurance on the aircraft at all times.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part I - Corrections › Chapter 2 - Personnel › Section I-201 - Equal Employment Opportunity (Includes Americans with Disabilities Act)

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose-to
				establish the secretary's commitment to equal employment opportunities and to
				establish formal procedures regarding reasonable accommodation for all
				employees, applicants, candidates for employment (including qualified
				ex-offenders) and visitors.
B.
				Applicability-deputy secretary, undersecretary, chief of operations, assistant
				secretary, regional wardens, wardens, director of Probation and Parole,
				director of Prison Enterprises, employees, applicants, candidates for
				employment (including ex-offenders) and visitors. 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 to
				assure equal opportunities to all employees, applicants, candidates for
				employment (including ex-offenders) and visitors without regard to race, color,
				religion, sex, sexual orientation, gender identity, national origin, political
				affiliation, disability or age and ensure compliance with the requirements of
				the Americans with Disabilities Act as amended.
1. Exceptions:
a. where age, sex or physical requirements
				constitute a bona fide occupational qualification necessary for proper and
				efficient operations;
b. where the
				implications of nepotism restrict such employment or employment opportunity;
				and
c. preferential hiring will be
				given to veterans in accordance with Chapter 22 of the Civil Service
				rules.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part I - Corrections › Chapter 2 - Personnel › Section I-203 - Request for Accommodation

Current through Register Vol. 50, No. 6, June 20, 2024
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AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  46:225, et
				  seq.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part I - Corrections › Chapter 2 - Personnel › Section I-205 - Medical Inquiry Form

Current through Register Vol. 50, No. 6, June 20, 2024
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AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  16:225, et
				  seq.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part I - Corrections › Chapter 2 - Personnel › Section I-207 - Drug-Free Workplace

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose-to
				provide a comprehensive program of substance abuse education and to establish
				guidelines for employee drug and alcohol testing.
B. Applicability-deputy secretary,
				undersecretary, chief of operations, regional wardens, wardens, director of
				probation and parole, and director of prison enterprises. 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 and for conveying
				its contents to all concerned.
C.
				Policy. Substance abuse is a major contributor to criminal activity and is
				particularly detrimental to the department's mission to provide for the safety
				of employees and the public. Employees who engage in substance abuse may not be
				able to perform the essential functions of their positions and may be less
				likely to enforce policies and procedures effectively to control or to prevent
				illicit drug and alcohol use by other employees and offenders. Therefore, it is
				the secretary's policy to promote increased employee awareness of substance
				abuse and to achieve and maintain a workplace free of drugs and
				alcohol.
D. Definitions
CAP-FUDT-Certified Laboratory-
a laboratory
				  certified for forensic urine testing by the College of American
				  Pathologists.
Collection Site-
a designated place for the
				  employee to provide a urine specimen to be analyzed for the presence of
				  drugs.
Custodian of Records-
a staff person
				  responsible for the maintenance, care, and keeping of records related to drug
				  and alcohol testing, including the date of such test, the name of the person
				  performing the test, the number of tests performed, and a summary of the
				  results of each type of test.
Drug Testing
-
a. for the purpose of this regulation, drug
				testing is comprised of two components:
i.
				preliminary analysis (using the testing instrument available on the current
				contract issued by the procurement and contractual review division and approved
				by the secretary); and
ii. formal
				testing;
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part I - Corrections › Chapter 3 - Adult Services › Subchapter A - General › Section I-308 - Americans with Disabilities Act

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Purpose. To establish the secretary's commitment to compliance with the
				  Americans with Disabilities Act and related legislation as it pertains to
				  services for offenders and to establish formal procedures regarding reasonable
				  accommodations for those offenders.
B. Applicability. Deputy Secretary,
				  Undersecretary, Chief of Operations, Assistant Secretary, Regional Wardens,
				  Wardens, Director of Probation and Parole, Director of Prison Enterprises and
				  offenders who have a disability. 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 to
				  provide offenders with access to housing, programs and services regardless of
				  their disability to the extent possible within the context of the department's
				  fundamental mission to preserve the safety of the public, staff and offenders
				  and consistent with other classification variables that may affect custody,
				  housing and program assignments. Equal access to programs, services and
				  activities will be provided to all offenders based upon their classification.
1. Access to housing, programs and services
				  includes the initiation and provision of reasonable accommodations including,
				  but not limited to facility modifications, assistive equipment and devices and
				  interpreter services. However, such accommodation should not constitute a
				  danger to the offender or others and should not create undue hardship on the
				  department or its employees.
2.
				  Staff who are aware of or have reason to believe that an offender has a
				  disability for which he may need accommodation are required to advise the unit
				  ADA coordinator, who will evaluate the circumstances to determine if auxiliary
				  aids and services and reasonable accommodations are required.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part I - Corrections › Chapter 3 - Adult Services › Subchapter A - General › Section I-313 - Inmate Mail and Publications

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose.
				  This department regulation governs inmate mail and publication privileges at
				  all adult facilities.
B.
				  Applicability: deputy secretary, undersecretary, chief of operations, regional
				  wardens, and wardens. Each warden shall ensure appropriate unit written
				  policies and procedures are in place to comply with this regulation and for
				  conveying its content to all inmates and affected employees.
C. Notice. Staff at each reception and
				  diagnostic center or unit handling initial reception and diagnostic functions
				  shall inform each inmate in writing promptly after arrival of the department's
				  rules for handling of inmate mail, utilizing the notification of mail handling
				  form. This form shall be filed in the inmate's master record.
1. The current inmate population in DPS and C
				  facilities is required to complete the notification of mail handling form upon
				  the issuance of this revision to
				  §313 of this
				  Part.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part I - Corrections › Chapter 3 - Adult Services › Subchapter A - General › Section I-314 - Telephone Use and Policy on Monitoring of Calls-Juvenile

Current through Register Vol. 50, No. 6, June 20, 2024
§314,
					 Telephone Use and Policy on Monitoring of Calls-Juvenile, has been moved to
					 §705.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part I - Corrections › Chapter 3 - Adult Services › Subchapter A - General › Section I-317 - Attorney Visits

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose- to
				  provide uniform procedures for the approval and conduct of visits by attorneys
				  to offenders.
B. Applicability-
				  deputy secretary, chief of operations, regional wardens and wardens. Each
				  warden is responsible for ensuring that appropriate unit written policy and
				  procedures are in place to comply with the provisions of this regulation and
				  for conveying its contents to all offenders, affected employees and attorneys
				  seeking to visit.
C. Policy. It is
				  the secretary's policy that attorney visits shall be conducted in accordance
				  with the procedures of this regulation.
D. General
1. Offenders may refuse to see any attorney;
				  such refusal shall be in writing and filed in the offender's master
				  record.
2. A log shall be
				  maintained of all visits by attorneys, paralegals, legal assistants, law clerks
				  and investigators.
3. Visits may be
				  visually observed, but conversations between offenders and counsel shall not,
				  under any circumstance, be monitored.
4. Visits between death row offenders and
				  attorneys, paralegals, legal assistants, law clerks and investigators may be
				  non-contact at the warden's discretion.
5. Attorneys, paralegals, legal assistants,
				  law clerks and investigators are subject to searches according to established
				  procedures, as are all other visitors.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part I - Corrections › Chapter 3 - Adult Services › Subchapter A - General › Section I-319 - Restoration of Good Time

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose-this
				  department regulation states the secretary's policy regarding the restoration
				  of previously forfeited good time for disciplinary violations for offenders who
				  have demonstrated satisfactory progress in faithfully observing the
				  disciplinary rules and procedures for adult offenders.
B. Applicability-deputy secretary, chief of
				  operations, regional wardens, wardens, the sheriff or administrator of local
				  jail facilities and the director of the office of information services. Each
				  unit head is responsible for ensuring that appropriate unit written policies
				  and procedures are in place to comply with the provisions of this
				  regulation.
C. Policy. It is the
				  secretary's policy to strengthen the department's commitment to an offender's
				  successful reentry efforts by implementing positive rewards for offenders who
				  have demonstrated improved institutional behavior.
D. Definitions
ARDC Supervisor/Manager
-a member of the
					 records section staff, whether employed at a state correctional facility or in
					 the office of adult services at headquarters.
Major Rule Violation
-an offense identified
					 as a
schedule B offense in 341 of this Part.
Minor Rule Violation
-an offense identified
					 as a
schedule A offense in in 341 of this Part.
Unit Head
-the head of an operational unit,
					 specifically, the warden or sheriff or administrator of a local jail facility
					 or transitional work program.
E. General Procedures
1. Any offender who has received a forfeiture
				  of good time as a result of disciplinary action shall be eligible to be
				  considered for restoration of previously forfeited good time when the following
				  requirements are met:
a. The offender has not
				  been found guilty of a major rule violation for a period of at least 24
				  consecutive months since the last date of forfeiture; and
b. The offender has not been found guilty of
				  a minor rule violation for a period of at least six consecutive months since
				  the last date of forfeiture; and
c.
				  The forfeited good time was not result of a violation of Rule #8, Escape or
				  Attempted to Escape, (see
				  §341.I of this Part) or
				  from any rule violation imposed as a result of battery of an employee, visitor,
				  guest, or their families.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part I - Corrections › Chapter 3 - Adult Services › Subchapter A - General › Section I-320 - Reporting and Documenting Escapes (Youth Services)

Current through Register Vol. 50, No. 6, June 20, 2024
§320,
					 Reporting and Documenting Escapes (Youth Services), has been moved to
					 §710.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part I - Corrections › Chapter 3 - Adult Services › Subchapter A - General › Section I-321 - Ameliorative Penalty Consideration

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose-pursuant to Act No. 340 of the
				  2014 Regular Session, to provide a consistent and reliable decision-making
				  process for assessing the risk of certain offenders to commit another crime if
				  released from incarceration. This process shall also be designed to enhance the
				  motivation of offenders to participate in the types of programming that are
				  available to prepare them to return to the community successfully without
				  further offense and victimization.
B. Applicability-deputy secretary,
				  undersecretary, chief of operations, regional wardens, wardens, sheriffs or
				  administrators of local jail facilities, chairman of the Board of Pardons and
				  parole and director of the office of information services. The deputy secretary
				  and the chairman of the Board of Pardons and parole are 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. It is the
				  secretarys policy that the department shall accept the application of any
				  offender who applies for ameliorative penalty consideration pursuant to Act No.
				  340 of the 2014 Regular Session. The offenders application shall be reviewed
				  for eligibility pursuant to
				  R.S.
				  15:308 and those offenders found eligible for
				  ameliorative penalty consideration shall be referred to the Committee on Parole
				  for further consideration retroactive to August 1, 2014.
D. Definitions
ARDC Supervisor/Manager
- a member of the
					 records staff, whether employed at a state correctional facility or in the
					 office of adult services at headquarters.
Unit Head
- the head of an operational
					 unit, specifically the warden or sheriff or administrator of a local jail
					 facility or transitional work program.
E. Eligibility Requirements
1. Refer to the list of crimes eligible for
				  ameliorative penalty consideration for the list of crimes that are eligible for
				  ameliorative penalty parole consideration for those offenders who were
				  convicted or sentenced prior to June 15, 2001.
2. Pursuant to this regulation, an offenders
				  application is not eligible for consideration if there are any outstanding
				  felony detainers or open warrants against the offender.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part I - Corrections › Chapter 3 - Adult Services › Subchapter A - General › Section I-323 - Special Agents

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose-to
				  state the procedures governing special agent appointments and the duties of
				  special agents.
B.
				  Applicability-deputy secretary, assistant secretary, chief of operations,
				  regional wardens, wardens, director of probation and parole, director of prison
				  enterprises and those employees authorized as special agents. Each unit head
				  shall ensure that appropriate unit written policy and procedures are in place
				  to comply with the provisions of this regulation.
C. Policy. It is the secretarys policy that
				  special agents may be appointed at the secretarys discretion and these special
				  agents shall be appointed from employees who have attained the rank of sergeant
				  or probation and parole officer I and these special agents may carry weapons
				  exposed or concealed while in the performance of their duties in the same
				  manner as law enforcement officers.
D. Definition
Employee
-any person employed full-time,
					 part-time, or on temporary appointment by the department.
E. Procedures
1. Criteria
a. Special agents shall be appointed from
				  employees who have attained the rank of sergeant or probation and parole
				  officer I, pursuant to
				  R.S.
				  15:825.2.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part I - Corrections › Chapter 3 - Adult Services › Subchapter A - General › Section I-329 - Offender Marriage Requests

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Purpose. To establish the secretary's policy concerning offender marriage
				  requests.
B. Applicability. Deputy
				  Secretary, Chief of Operations, Assistant Secretary, Regional Wardens, and
				  Wardens. Each warden 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 offender marriage requests be handled pursuant to the
				  procedures of this regulation.
D.
				  Procedures
1. An offender's request to be
				  married should be submitted to the warden for review.
2. The warden, chaplain, or other person
				  designated by the warden, shall conduct a minimum of one counseling session
				  with the offender and the fiancé marriage requirements. Documentation of
				  the session(s) shall be maintained by the person who conducted the
				  session(s).
3. The offender must
				  appropriately certify that both parties meet all legal qualifications for
				  marriage. The burden of proof rests with the offender to gather this
				  information.
4. Should the chaplain
				  choose not to perform the marriage, he should so inform both parties. Only
				  approved and licensed authorities (clergy, judges and justices of the peace)
				  will be permitted to perform the ceremony.
5. If both parties are incarcerated in
				  correctional institutions, the marriage may be postponed until one of them has
				  been released.
6. The offender
				  making the request must pay for all costs associated with the
				  marriage.
7. Absent unusual
				  circumstances related to legitimate penological objectives, the warden or
				  designee should approve the marriage request and set an appropriate time and
				  place for the ceremony. Furloughs will not be granted for a marriage.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part I - Corrections › Chapter 3 - Adult Services › Subchapter A - General › Section I-331 - Offender Incentive Pay and Other Wage Compensation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose-this department regulation governs
				  payment of incentive pay and other wage compensation to offenders.
B. Applicability-deputy secretary,
				  undersecretary, chief of operations, director of prison enterprises, regional
				  wardens and wardens. Each warden and the director of prison enterprises shall
				  ensure appropriate facility written policies and procedures are in place to
				  comply with the provisions of this department regulation.
C. Policy. Compensation shall be paid, in
				  accordance with the provisions of this department regulation and the applicable
				  and governing laws, to offenders who have performed satisfactory work in the
				  job assignment in which they have been classified, except those offenders who
				  opt to receive good time in lieu of incentive pay pursuant to
				  R.S.
				  15:571.3.
D. Eligibility
1. An offender sentenced or resentenced or
				  who is returning to the physical custody of the department on or after
				  September 20, 2008 who is not eligible to earn good time at any rate shall
				  serve three years from the date of reception prior to becoming eligible to earn
				  incentive pay.
a. Grandfather Clause:
				  Offenders Received at a Reception and Diagnostic Center Prior to September 20,
				  2008
i. The provisions of Paragraph D.1 above
				  shall apply to offenders received at a reception and diagnostic center on or
				  after September 20, 2008. Offenders received at a reception and diagnostic
				  center prior to September 20, 2008 shall be subject to the waiting period
				  previously in effect for this regulation. Offenders who are currently receiving
				  incentive pay shall not be affected and shall continue to be eligible to
				  receive incentive pay as they did on the effective date of this regulation, but
				  shall be subject to the provisions of Subparagraph E.2.a as it applies to job
				  changes.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part I - Corrections › Chapter 3 - Adult Services › Subchapter A - General › Section I-337 - Sex Offender Treatment Plans and Programs

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose-to state the department's
				  procedures for providing sex offender treatment plans and programs as set forth
				  pursuant to the laws of this state.
B. Applicability-deputy secretary, chief of
				  operations, department's medical/mental health director, director, Regional
				  Directors and District Managers of probation and parole, chairman of the
				  committee on parole, regional wardens, wardens and sheriffs or administrators
				  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 certain convicted sex offenders (as
				  specifically defined in Subsections E, F, G and H) shall participate in
				  appropriate sex offender treatment plans pursuant to the provisions of this
				  regulation and the statutory requirements as stated herein.
D. Definitions
Mental Health Evaluation
(for the purpose
					 of this regulation)-an examination by a qualified mental health professional
					 with experience in treating sex offenders.
Qualified Mental Health Professional
(for
					 the purpose of this regulation)-an individual who provides sex offender
					 treatment to offenders in keeping with their respective levels of education,
					 experience, training and credentials.
Unit Head
- the head of an operational
					 unit, specifically, the undersecretary, warden, director of probation and
					 parole, chairman of the committee of parole, sheriffs and administrators of
					 local jail facilities and transitional work programs.
E. Sex offender treatment plan pursuant to
				  R.S.
				  15:538(C):
1.
a. no
				  sex offender whose offense involved a minor child who is 12 years old or
				  younger or who is convicted two or more times of a violation of:
i.R.S.
				  14:42-aggravated rape or first degree
				  rape;
ii.R.S.
				  14:42.1-forcible rape or second degree
				  rape;
iii.R.S.
				  14:43-simple rape or third degree
				  rape;
iv.R.S.
				  14:43.1-sexual battery;
v.R.S.
				  14:43.2-second degree sexual
				  battery;
vi.R.S.
				  14:43.3-oral sexual battery;
vii.R.S.
				  14:43.4-Repealed.
viii.R.S.
				  14:78-incest committed prior to
				  6-12-14;
ix.R.S.
				  14:89(A)(2) -crime against
				  nature committed on or after 6-12-14;
x.R.S.
				  14:78.1-aggravated incest committed prior to
				  6-12-14;
xi.R.S.
				  14:89.1-aggravated crime against
				  nature;
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part I - Corrections › Chapter 3 - Adult Services › Subchapter B - Disciplinary Rules and Procedures for Adult Offenders › Section I-341 - Disciplinary Rules and Procedures for Adult Offenders

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose - to constitute the department's
Disciplinary Rules and Procedures for Adult Offenders
as a
				  regulation.
B. Applicability -
				  deputy secretary, chief of operations, regional wardens, wardens, director of
				  probation and parole, director of prison enterprises, sheriffs and
				  administrators of local jail facilities and transitional work programs. 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 all offenders and employees have reasonable access to
				  and comply with the department's
Disciplinary Rules and Procedures for
				  Adult Offenders
. They are established to help provide structure and
				  organization for the prisons and a framework within which the offender
				  population can expect the disciplinary system to function.
1. Revisions will be accomplished through
				  this regulation under the signature of the secretary.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part I - Corrections › Chapter 3 - Adult Services › Subchapter B - Disciplinary Rules and Procedures for Adult Offenders › Section I-369 - Lost Property Claims (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 15823.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part I - Corrections › Chapter 4 - Division of Probation and Parole › Section I-401 - Home Incarceration/Electronic Monitoring Pilot Program (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:823.