Current through Register Vol. 50, No. 12, December 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.
2. Authority to Appoint
a. The secretary shall be authorized at his
discretion to appoint special agents, pursuant to
R.S.
15:825.2.
3. Applications
a. Employees at State Prisons, Headquarters,
and Prison Enterprises
i. The warden,
undersecretary, or director of prison enterprises wishing to have an employee
(at a state prison, headquarters, or prison enterprises, respectively)
appointed as a special agent shall submit an application to the chief of
operations. The application shall include the following:
(a). the applicant's name and social security
number;
(b). a current rap sheet
for the applicant;
(c). a domestic
violence questionnaire (form A-02-023-A) completed by the applicant;
(d). a precise statement regarding the
applicant's need to carry a weapon and the circumstances in which the applicant
will be authorized to carry a weapon; and
(e). certification by the warden,
undersecretary, or director of prison enterprises certifying the applicant has
been trained to use the weapon he will carry and has achieved the necessary
qualifying score on the firing range.
b. Employees at Probation and Parole
i. Probation and parole district managers
wishing to have an employee (at a probation and parole district office)
appointed as a special agent or probation and parole employees at headquarters
wishing to be appointed as a special agent shall submit an application to the
director of probation and parole. The application shall include the following:
(a). The applicant's name and social security
number;
(b). A current rap sheet
for the applicant;
(c). A domestic
violence questionnaire (form A-02-023-A) completed by the applicant;
and
(d). certification by the
district manager (for employees at a probation and parole district office) or
the director of probation and parole (for an employee at HQ P and P) that the
applicant has successfully completed all training as required by probation and
paroles firearm training policy.
c. Employees at Private Prisons
i. Wardens of private prisons wishing to have
an employee appointed as a special agent shall submit an application to the
chief of operations. The application shall include:
(a). the applicant's name and social security
number;
(b). a current rap sheet
for the applicant;
(c). a domestic
violence questionnaire (form A-02-023-A) completed by the applicant;
(d). a precise statement regarding the
applicant's need to carry a weapon and the circumstances in which the applicant
will be authorized to carry a weapon; and
(e). certification by the warden certifying
the applicant has been trained to use the weapon he will carry and has achieved
the necessary qualifying score on the firing range.
d. The chief of operations or the
director of probation and parole shall review every application received and
either:
i. recommend the applicant be
appointed as a special agent and submit to the secretary for review,
or
ii. decline to recommend the
applicant to be appointed as a special agent and send notification of
declination to the individual who submitted the application.
e. The appointment of a special
agent shall be at the discretion of the secretary.
4. Appointment as a Special Agent
a. Upon approval of an application and
appointment of an applicant as a special agent, the secretary shall issue:
i. for employees at state prisons,
headquarters, and prison enterprises, a commission card which serves as
authority to carry a firearm and/or perform duties in accordance with
R.S.
15:825.2; or
ii. for employees at probation and parole, a
memorandum to the director of probation and parole certifying the employee is
commissioned as a "special agent" as well as a commission card; or
iii. for employees at private prisons, a
memorandum to the warden certifying the employee is commissioned as a "special
agent" as well as a commission card.
iv. employees issued a commission card shall
be required to carry the card at all times during the performance of his
duties. The undersecretary, director of prison enterprises, or warden shall
ensure that commission cards for employees appointed as special agents are kept
current.
5.
Duties of Special Agents
a. The duties of a
special agent are to provide assistance to other law enforcement agencies to
improve public safety. These duties include, but are not limited to:
i. execution of warrants;
ii. emergency aid and other assistance as
requested;
iv. detention and
transportation of arrestees.
6. Carrying of Weapons
a. Special agents may carry weapons exposed
or concealed while in the performance of their duties in the same manner as law
enforcement officers, pursuant to
R.S.
15:825.2.
7. Equipping Special Agents
a. The unit head or designee shall be
responsible for properly equipping special agents with adequate equipment for
law enforcement duties as appropriate to the assignment, (i.e. bullet proof
vests, service weapons, flash lights, etc.).
8. Employee Termination of a Special Agent
a. Upon an employee's termination, the
commission card shall be surrendered to appropriate unit personnel.
9. Training
a. Special agents must be in compliance with
the provisions of department regulation no. C-01-008 "Firearms Training" or
division of probation and parole firearms training policy as
applicable.
b. Special agents who
participate in community policing activities must successfully complete
training appropriate to their assignments as defined by institutional or
division of probation and parole policy.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
49:950.