Current through Register Vol. 50, No. 9, September 20, 2024
A. Purpose-to facilitate the identification
and management of those offenders who may be sexually violent predators and/or
child sexual predators and to develop written policy and procedures for the sex
offender assessment panels consistent with statutory requirements, public
safety and administrative efficiency. The provisions of this regulation shall
apply to all sex offenders and child predators in accordance with Act no. 205
of the 2009 Regular Session who are released by any means from the department's
custody on or after August 15, 2006.
B. Applicability-deputy secretary,
undersecretary, chief of operations, regional wardens, wardens, director of
probation and parole, chairman of the board of pardons, chairman of the board
of parole and the sheriff or administrator 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 to identify those offenders who meet the statutory
requirements of a sexually violent predator and/or child sexual predator
through the sex offender assessment panel (SOAP) review process. The panels
shall evaluate all sex offenders and child predators in accordance with the
provisions of this regulation prior to their release from
incarceration.
D. Definitions
Child Predator-a person who has been
convicted of a criminal offense against a victim who is a minor as defined in
R.S.
15:541(12).
Child Sexual Predator-a judicial
determination as provided for in
R.S.
15:560 et seq., for an offender who has been
convicted of an offense as defined in
R.S.
15:541(12) and/or (24) and
who is likely to engage in additional sex offenses against children because he
has a mental abnormality or condition which can be verified, or because he has
a history of committing crimes, wrongs, or acts involving sexually assaultive
behavior or acts which indicate a lustful disposition toward children.
Court-the judicial district court where the
offender was sentenced for the instant offense.
Criminal Offense Against a Victim Who is a Minor
-a conviction for the perpetration or attempted perpetration, or
conspiracy to commit an offense outlined in
R.S.
15:541(12). Persons
convicted of any of these offenses are considered child
predators (see definition in this Subsection).
Judicial Determination-a decision by the
court that an offender is or continues to be a child sexual predator or a
sexually violent predator.
Mental Abnormality-a congenital or acquired
condition of a person that affects the emotional or volitional capacity of the
person in a manner that predisposes that person to the commission of criminal
sexual acts to a degree that makes the person a menace to the health and safety
of others. Nothing in this definition is intended to supersede or apply to the
definitions found in
R.S.
14:10 or 14 in reference to criminal intent
or insanity.
Regional Facility-a state correctional
facility located within one of nine regions of the state, as designated by the
secretary. Each warden of a regional facility shall be responsible for certain
requirements pursuant to the provisions of this regulation for offenders housed
in their state correctional facility, as well as DPSC offenders housed in local
jail facilities within their respective region.
Sex Offender-an offender committed to the
custody of the Department of Public Safety and Corrections for a crime
enumerated in
R.S.
15:541(24). A conviction for
any offense provided in this definition includes a conviction for the offense
under the laws of another state, or military, territorial, foreign, tribal or
federal law equivalent to such offense. An individual convicted of the attempt
or conspiracy to commit any of the defined sex offenses shall be considered a
sex offender for the purposes of this regulation.
Sexually Violent Predator-a judicial
determination as provided for in
R.S.
15:560 et seq. for an offender who has been
convicted of an offense as defined in
R.S.
15:541(12) and/or (25) and
who has a mental abnormality or anti-social personality disorder that makes the
person likely to engage in predatory sexually violent offenses.
E. Panel Composition and
Guidelines
1. A total of three sex offender
assessment panels are hereby created within the Department of Public Safety and
Corrections. An executive management officer within the secretary's office
shall serve as the administrator for all panels. Three executive staff
officers, employees of the department (one for each of the three panels), shall
serve as coordinator for an assigned panel. Each panel shall consist of three
members as follows.
a. One member shall be
the secretary or designee who shall be chairman.
b. One member shall be a psychologist
licensed by the Louisiana State Board of Examiners of Psychologists who has
been engaged in the practice of clinical or counseling psychology for not less
than three consecutive years who is employed by the Department of Public Safety
and Corrections or the Department of Health and Hospitals or a physician in the
employ of the Department of Public Safety and Corrections or the Department of
Health and Hospitals or under contract to the Department of Public Safety and
Corrections whose credentials and experience are compatible with the evaluation
of the potential threat to public safety that may be posed by a child sexual
predator or a sexually violent predator.
i.
Note - if the psychologist or physician is an employee of the Department of
Health and Hospitals, the secretary of both departments shall consult and
jointly select the member.
c. The warden (or deputy) at the state
facility where the offender is housed or the warden (or deputy) of the regional
facility for offenders housed in local jail facilities, or a probation and
parole officer with a minimum of ten years experience or a retired law
enforcement officer with at least five years of experience in investigating sex
offenses may serve as the third panel member at the discretion of the
secretary.
2. A majority
of the members of each panel shall constitute a quorum. All official actions of
a panel shall require an affirmative vote of a majority of the members of the
panel.
3. Each panel shall meet at
least once quarterly and upon the call of the chairman or upon the request of
any two members.
4. Notwithstanding
the provisions of
R.S.
15:574.12, each panel shall review
presentence reports, prison records, medical and psychological records,
information and other data gathered by the staff of the division of probation
and parole, the district attorney from the judicial district which prosecuted
the case and information provided by or obtained from the victim(s) and the
offender (which may include a personal interview), and any other information
obtained by the department.
5.
Panels shall have the duty to evaluate every offender who is currently serving
a sentence for a conviction of a sex offense and/or child predator who is to be
released from the custody of the department or a local jail facility, by any
means, to determine if the offender may be a child sexual predator and/or a
sexually violent predator in accordance with the provisions of
R.S.
15:560 et seq.
F. Procedures
1. Each panel shall evaluate every offender
currently serving a sentence for a conviction of a sex offense and/or child
predator as stated in Paragraph E.5 of this Section and who is required to
register pursuant to the provisions of
R.S.
15:542 at least six months prior to the
release date of the offender.
2. A
panel's evaluation shall primarily be conducted by file review of all relevant
information available to the department, including the information specified in
Paragraph E.4 of this Section. Information and/or recommendations received from
individuals other than those employed by the department or the local jail
facility where the offender is housed shall be made in writing. Interview,
telephone or video conferencing may be conducted at the discretion of the
panel.
3. Panel decisions shall be
recorded by individual vote. Official results shall be maintained by the
respective panel coordinator. Each panel coordinator is responsible for
maintaining a separate file on each offender reviewed by the panel.
4. If a panel affirmatively votes that an
offender may be a sexually violent predator and/or a child sexual predator, the
panel shall forward the determination and the recommendation for such
designation to the sentencing court. The recommendation shall include the
factual basis upon which the recommendation was based and shall include a copy
of all information that was available to the panel during the evaluation
process.
5. Upon receiving a
recommendation from a panel, the sentencing court will review the
recommendation that an offender is a sexually violent predator and/or a child
predator.
6. If, after a
contradictory hearing the sentencing court finds by clear and convincing
evidence and renders a judicial determination that the offender is a sexually
violent predator or a child sexual predator, the offender shall be ordered to
comply with the following:
a. supervision by
the division of probation and parole, upon release from incarceration, for the
duration of his natural life;
b.
registration as a sex offender in accordance with the provisions of
R.S.
15:542 et seq., for the duration of his
natural life;
c. provide community
notification in accordance with the provisions of
R.S.
15:542 et seq., for the duration of his
natural life;
d. submit to
electronic monitoring pursuant to the provisions of
R.S.
15:560.4 for the duration of his natural
life; and
e. abide by the
supervised release conditions enumerated in
R.S.
15:560.3(A)(4) through (14),
which may include treatment for persons convicted of sex offenses when deemed
appropriate or ordered to do so by the offender's probation and parole officer
as stated in
R.S.
15:560.3(A)(10).
7. If a judicial determination is
rendered that an offender is a sexually violent predator or a child sexual
predator, the panel administrator shall notify the warden of the state facility
where the offender is housed or the warden of the regional facility for
offenders housed in local jail facilities of the designation, as well as the
division of probation and parole.
8. Upon receipt of notification from the
panel administrator, the warden of the state facility where the offender is
housed or the warden of the regional facility for offenders housed in local
jail facilities shall ensure that the sex offender pre-registration process is
initiated in accordance with established procedures.
G. Electronic Monitoring of Child Sexual
Predators or Sexually Violent Predators
1.
Each offender determined by the court to be a child sexual predator and/or a
sexually violent predator pursuant to the provisions of this regulation shall
be required to be electronically monitored by the division of probation and
parole in a fashion that provides for electronic location tracking.
2. Unless it is determined pursuant to
established procedure that an offender is unable to pay all or any portion of
the costs for electronic monitoring, each offender to be electronically
monitored shall pay the cost of such monitoring.
3. The costs attributable to the electronic
monitoring of an offender who has been determined unable to pay shall be borne
by the department if, and only to the degree that sufficient funds are made
available for such purpose whether by appropriation of state funds or from any
other source.
4. Only in the case
that an offender determined to be a child sexual predator and/or a sexual
violent predator is unable to pay his own electronic monitoring costs, and
there are no funds available to the department to pay for such monitoring, may
the requirements of electronic monitoring be waived.
H. Notification of Release
1. The office of adult services shall notify
the office of state police when a child sexual predator and/or sexually violent
predator has been released from imprisonment. The Office of State Police shall
then send out an alert by means of a predator alert system to local law
enforcement officials to inform them of such releases.
I. Appeal of Decision
1. An offender determined to be a sexually
violent predator and/or a child sexual predator may petition the court for a
review of this determination not more than once every three years, provided
that the sex offender is currently receiving treatment from a court or
treatment provider approved by the department, and good cause for such
reconsideration is shown by the offender.
2. If the court grants the petition for
review and should the department be notified of the rehearing and the court's
decision, the division of probation and parole shall document the case
accordingly.
J. Rights
of Action
1. Any employee who participates in
the Louisiana sex offender assessment panels review process pursuant to this
regulation shall be immune from civil or criminal liability when the actions
taken are in good faith in a reasonable manner in accordance with generally
accepted medical or other professional practices.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
15:560 et
seq.