La. Admin. Code tit. 22 § I-321

Current through Register Vol. 50, No. 9, September 20, 2024

Section I-321 - Ameliorative Penalty Consideration

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.

F. Application Procedures

1. State Correctional Facilities

a. Offenders housed in state correctional facilities who meet the eligibility requirements stated in Subsection E. shall complete an application for ameliorative penalty consideration and submit the application to the institutions records office.

b. Within 60 days of receipt of the application, the ARDC/supervisor manager or designee shall review the offenders application to verify the offenders eligibility for ameliorative penalty consideration. If the offender is ineligible for consideration the ARDC/supervisor manager or designee shall indicate the reason for ineligibility on the application and return a copy to the offender and the Committee on Parole. The original application shall be filed in the offenders master record.

c. If the offender is eligible for ameliorative penalty consideration, the ARDC supervisor/manager or designee shall forward the application and following documents to the Committee on Parole:

i. post sentence and pre-parole reports (if available);

ii. Louisiana risk need assessment II (LARNA II);

iii. institutional progress report;

iv. conduct record; and

v. medical mental health and psychological assessment(s) and summary.

2. Local Jail Facilities

a. The office of adult services shall ensure that an application for ameliorative penalty consideration is provided by the basic jail guidelines team leaders to the sheriff or administrator of each local jail facility within their region.

b. Offenders who are housed in local jail facilities who meet the eligibility requirements stated in Section E. shall complete an application for ameliorative penalty consideration and submit it to the sheriff or administrator, who shall forward the completed application to the chief of operations at headquarters.

c. The chief of operations shall designate OAS staff to review the offenders application. Within 60 days of receipt of the application, OAS staff shall review the application to verify the offenders eligibility for ameliorative penalty consideration. If the offender is ineligible for ameliorative penalty consideration, the reviewing staff member shall indicate the reason for ineligibility on the application form and the ARDC supervisor/manager or designee shall return a copy to the sheriff or administrator of the local jail facility (who shall notify the offender) and forward a copy to the Committee on Parole. The original application shall be filed in the offender's master record.

d. If the offender is eligible for ameliorative penalty consideration, OAS staff shall forward the application and following documents to the Committee on Parole:

i. post sentence and pre-parole reports (if available); and

ii. Louisiana risk need assessment II (LARNA II).

G. Records Maintenance. The departments undersecretary, through the Office of Technology Services, shall implement a program to track the number of applications received, denied, approved for Committee on Parole consideration and the number of offenders granted or denied ameliorative penalty consideration.

H. List of Crimes Eligible for Ameliorative Penalty Consideration (convicted or sentenced prior to June 15, 2001)

Citation	Description
14:56.2(D)	Criminal damage of a pipeline facility
14:62.1(B) and (C)	Simple burglary of a pharmacy
14:69.1(B)(2)	Illegal possession of stolen firearms
14:70.1(B)	Medicaid fraud
14:82(D)	Prostitution
14:91.7(C)	Unauthorized possession or consumption of alcoholic beverages on public school property
14:92.2(B)	Improper supervision of a minor by parent or legal custodian
14:92.3(C)	Retaliation by a minor against a parent, legal custodian, witness or complainant
14:106(G)(2)(a) and (3)	Obscenity
14:106.1(C)(2)	Promotion or wholesale promotion of obscene devices
14:119.1(D)	Bribery of parents of school children
14:122.1(D)	Intimidation and interference in the operation of schools
14:123(C)(1) and (2)	Perjury
14:352	Bribery of withdrawn candidates prohibited
14:402.1(B)	Taking of contraband to state owned hospitals
15:529.1(A)(1)(b)(ii), (c)(ii)	Sentences for second and subsequent offenses: certificate of warden or clerk of court in the state of Louisiana as evidence
15:1303(B)	Interception and disclosure of wire, electronic or oral communications
15:1304(B)	Manufacture, distribution, or possession of wire, electronic, or oral communication intercepting devices prohibited
27:262(C), (D) and (E)	Skimming of gaming proceeds
27:309(C) (Now 27:440)	Video draw poker crimes and penalties
27:375(C)	Unauthorized slot machines, etc.
40:966(B),(C)(1),(D),(E), (F),(G)	Penalty for distribution or possession with intent to distribute narcotic drugs listed in Schedule I; possession of marijuana, possession of synthetic cannabinoids
40:967(B)(1), (2), (3) and (4)(a) and (b) (F) (1), (2) and (3)	Prohibited acts-Schedule II
40:979(A)	Attempt and conspiracy
40:981	Distribution to persons under age eighteen
40:981.1	Distribution to a student
40:981.2(B) and (C)	Soliciting minors to produce, manufacture, distribute or dispense controlled dangerous substances
40:981.3(A)(1) and (E)	Violation of uniform controlled dangerous substances law; drug free zone
C.Cr.P. Art. 893(A)	Suspension and deferral of sentence and probation in felony cases

La. Admin. Code tit. 22, § I-321

Promulgated by the Department of Public Safety and Corrections, Corrections Services LR 40:2599 (12/1/2014).

§321, Student Visiting and Correspondence (Juvenile Services), has been moved to §711

AUTHORITY NOTE: Promulgated in accordance with R.S. 49:953.