Current through Register Vol. 50, No. 9, September 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.
G. Administrative Sanctions
1. When using the performance grid, probation
and parole officers may opt to utilize administrative sanctions when authorized
by the court or board of parole. These administrative sanctions are located in
the actions column of the performance grid. The violation(s) and subsequent
sanction(s) shall be noted on the performance grid when completing case
narratives as described in Paragraph E.5 of this regulation. The performance
grid establishes the level and type of administrative sanctions that may be
imposed by probation and parole officers and the level and type of violations
that warrant a recommendation that the offender be returned to the court or the
board of parole.
2. When imposing
administrative sanctions, the following factors shall be taken into
consideration:
a. severity of the
violation;
b. prior violation
history;
c. severity of the
underlying criminal conviction;
d.
any special circumstances, characteristics or resources of the
offender;
e. protection of the
community;
f. deterrence;
g. availability of local sanctions,
including, but not 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.
3. When imposing administrative sanctions
(including jail sanctions) that are not already conditions of supervision
(i.e., electronic monitoring, substance abuse treatment, etc.) the probation
and parole officer shall complete the notification of administrative sanctions
and shall obtain supervisor approval prior to imposing the sanctions.
4. For the offender to accept the
administrative sanction, the offender must be given notice of the violation(s),
must waive his right to a hearing and counsel, must consent to the
administrative sanction being imposed and must admit the violation(s). All
offenders who are offered administrative sanction(s) shall receive the
following process.
a. The notification of
administrative sanctions form shall be printed, read and thoroughly explained
to the offender. The offender shall then be given the option of accepting or
refusing the imposed administrative sanction(s).
b. When the offender agrees to the
administrative sanction(s), the offender, supervising probation and parole
officer and supervisor shall sign and date the notification of administrative
sanctions form. The offender shall be provided a copy of the completed
notification of administrative sanctions form.
c. If jail is being imposed as an
administrative sanction, CAJUN and case management shall be updated by
appropriate district office staff (support employee or probation and parole
officer) to indicate correct location and transfer dates. The local jail
facility shall also be provided a completed notification of administrative
sanctions form for their records.
d. When a jail sanction is chosen, the
probation and parole officer is limited to the number of jail days in the
appropriate level, regardless of the number of violations that have occurred.
The number of total jail days an offender serves cannot exceed 60 days in a 12
month period. This twelve month period begins upon the imposition of the first
jail sanction.
e. The court, board
of parole, district attorney and defense counsel of record shall be provided a
copy of the notification of administrative sanctions form.
5. If the offender refuses the administrative
sanction(s), the offender shall be given the opportunity to explain in writing
on the notification of administrative sanctions form why the administrative
sanction is being refused. The refusal shall be witnessed and dated. This
information shall be provided to the court or board of parole for further
action.
6. Monthly reports shall be
submitted electronically no later than the tenth day of the month following the
reporting period utilizing the C-05-001 reporting database and appropriate
C-05-001 form.
H.
Rewards and Recognition
1. The performance
grid shall also recognize and reward offenders for positive behavior changes,
compliance with the conditions of supervision and progress made towards
achievement of goals. Timely and appropriate action shall be taken in response
to positive behavior as enumerated in the performance grid.
2. Recognition shall also be achieved by
reducing the level of supervision and early termination, suspended status and
self reporting as established in current policy and procedure.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
49:950.
