Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part I - Corrections › Chapter 4 - Division of Probation and Parole › Section I-409 - Performance Grid and Administrative Sanctions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose - to establish the secretary's
				policy for addressing the behavior of an offender through the use of a
				performance grid and administrative sanctions. The performance grid and
				administrative sanctions ensure consistent and timely actions which shall be
				imposed in response to violations enumerated on the grid. This works to achieve
				public safety by holding offenders accountable for their behavior and
				reinforcing positive behavior.
B.
				Applicability - deputy secretary, director of probation and parole, regional
				administrators, district administrators and all probation and parole officers.
				The director of probation and parole 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 address violations in a timely,
				consistent and reasonable manner by use of the performance grid, which may
				include administrative sanctions. Absent significant risk to public safety,
				these actions and/or administrative sanctions would be graduated and
				proportional with the level of violations. The needs of the offender shall also
				be considered to assist in the successful completion of their sentence. The
				grid is a tool to guide probation and parole officers in the application of
				administrative sanctions. It is also the secretary's policy to recognize and
				reward offenders for achieving progress made towards goals formulated in the
				supervision plan.
D. Definitions
Actions
- added conditions or requirements
				  placed on the offender by the probation and parole officer, the court or the
				  board of parole in an effort to prevent any further violations by an
				  offender.
Administrative Sanctions
- imposed by the
				  probation and parole officer to address technical violations in accordance with
				  Act No. 104 of the 2011 Regular Session to include, but not be limited to:
				  jail; non-custodial treatment; community service work; house arrest; electronic
				  monitoring, restitution centers, transitional work programs, day reporting
				  centers and other local sanctions not already imposed as special conditions of
				  supervision.
Performance Grid
- a four level instrument
				  used to register any violation enumerated on the performance grid by an
				  offender and the actions taken by a probation and parole officer in response to
				  those violations. Each level is graduated to address the seriousness of the
				  violations that occur.
Violations
- any behavior, action or
				  inaction, which is contrary to the conditions of probation or parole
				  supervision which may or may not be enumerated on the performance grid.
E. The following violations are
				specific to violations in which probation and parole officers may use the
				administrative sanctions.
Parole Technical Violations
- all violations
				  of the conditions of parole, except those resulting in a new arrest, charge,
				  conviction of a felony or an intentional misdemeanor directly affecting the
				  person or being in possession of a firearm or other prohibited weapon.
Probation Technical Violations
- all
				  violations of probation, except those resulting in an arrest for a subsequent
				  criminal act.
F. General
				Application of Performance Grid in Response to Violations
1. Timely and appropriate actions shall be
				taken in accordance with the procedures of this regulation when a probation and
				parole officer becomes aware of an offender's violation(s).
2. The officer shall utilize the performance
				grid for enumerated violations specific to the offender and the violation. The
				absence of any other technical violation from the performance grid does not
				prohibit the probation and parole officer from addressing these violations in
				an appropriate manner.
3. The
				performance grid shall not be utilized to address violations of not guilty by
				reason of insanity and interstate compact cases.
4. When using the performance grid, the
				probation and parole officer shall locate the performance grid specific to the
				offender, select the enumerated violation(s) and choose the appropriate
				coinciding action(s) and/or administrative sanctions. When imposing sanction(s)
				for violations, all appropriate actions shall be selected to fully address
				violations, especially when selecting jail as an administrative sanction (i.e.,
				substance abuse treatment after jail sanction is imposed).
5. Although a wide range of actions and
				administrative sanctions are available for response to certain violations,
				probation and parole officers may determine that a departure from the
				recommended actions may be a more appropriate response to a violation(s). The
				reasons for the departure shall be explained in the narratives.
6. Actions taken for a positive drug screen
				shall also include mandatory retesting within 45 days.
7. When the offender completes the last
				action directed, the offender returns to a compliant status. Any new violation
				that occurs after the offender has returned to compliant status for six months
				will be addressed as a level 1 violation.