La. Admin. Code tit. 22 § I-340

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

Section I-340 - Disaster Remediation Program

A. Purpose -to state the secretary's policy regarding a disaster remediation program for eligible offenders to participate in emergency disaster relief efforts and to provide procedures regarding housing for those offenders who participate in such relief efforts.

B. Applicability-deputy secretary, undersecretary, assistant secretary, chief of operations, regional wardens, wardens, Director of Probation and Parole and Director of Prison Enterprises. 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 establish a disaster remediation program for offenders to repair the damage done following a natural disaster or emergency. The use of offender labor shall augment governmental personnel, private sector firms and community volunteers conducting remediation activities during the period immediately after such disaster. Offender labor shall not replace existing employees, be utilized on a project or job involved in a labor dispute or supplant post disaster remediation activities that may otherwise be performed under contract by private sector firms employed by an affected individual or governmental entity.

D. Definitions

Advance Support Team-advance support teams secure appropriate housing, coordinate the delivery of necessary supplies, and address and/or assess current situations and conditions, as well as assess future needs. The team shall consist of a security supervisor and maintenance staff member. Other staff and/or offenders may be included as deemed necessary by the chief of operations, regional wardens and/or the warden.

Minimum Custody-general population dormitory housing area. Movement outside of a secure perimeter is usually authorized without armed supervision or restraint. Institutional procedure governs the level of staff supervision when outside the secure perimeter, as well as internal movement controls.

Offender Crews-offender crews may be composed of any offenders that are classified as minimum custody at their assigned housing unit, excluding offenders prohibited from participation as provided for in Subsection E. Eligible offenders are subject to placement on the crews regardless of their usual work assignment. Additionally, offenders are required to be on a regular duty status and be medically capable of performing emergency disaster relief work.

E. Statutory Ineligibility for Participation. Offenders shall not be eligible to participate in a disaster remediation program if the offender was convicted of a crime defined or enumerated as a crime of violence in R.S. 14:2(13) or the offender was convicted of a sex offense as defined in R.S. 15:541(24).

F. Pre-Deployment

1. Each warden shall determine the approximate number of offenders available for assignment to an offender crew and develop appropriate offender and staffing rosters. Information concerning the number of crews available from each facility shall be forwarded by the warden or designee each May to the chief of operations for inclusion in the Incident Management Center (IMC) Resource Manual.

2. Offender crews shall not exceed ten offenders for each correctional officer supervising them.

3. In accordance with the Louisiana Homeland Security and Emergency Assistance and Disaster Act, after the governor has declared a disaster or emergency pursuant to executive order or proclamation, a disaster remediation program may be established in the parish where the work will be performed.

4. At the direction of the secretary or designee, the IMC shall contact the appropriate warden with information relative to disaster relief needs of the affected area and/or the necessity of establishing a disaster remediation program.

5. Upon receiving the instructions from the IMC, the warden shall activate the advance support team, other necessary personnel and offender crews.

6. Offender crews that are deployed to a community or area more than two hours travel time from the unit or for an extended period may require housing in that area. The advance support teams shall coordinate with the parish Office of Emergency Preparedness (OEP), local law enforcement and the district probation and parole office for accessing available housing resources.

G. Deployment

1. The rank structure for supervision of a disaster remediation effort shall be determined by the appropriate regional warden and the unit warden shall ensure that logs of offender crew activities are maintained.

2. The unit warden shall be responsible for providing transportation for each offender crew. In addition, each unit shall be responsible for providing their own communications equipment such as 700 radios, cell and/or satellite telephones and an EMT or nurse to provide emergency medical care to the offender crews in the area as may be required.

3. The unit warden shall ensure that supervising staff receives documentation for each offender crew member that includes an identification picture and master prison record. In addition, supervising staff shall receive any medications that the offenders may have been prescribed.

4. Offender crew remediation assignments shall be coordinated by unit personnel on site through the state and/or local OEP. This information shall be forwarded to the unit, the IMC and local law enforcement.

5. The IMC may coordinate with the Division of Probation and Parole for any additional security support needed at a disaster remediation site.

6. If the situation or conditions dictate, a centralized supply location or warehouse may be established to support offender work crews.

H. Good Time Credit. Offenders participating in the disaster remediation program shall be eligible to earn 30 days of good time credit in addition to that otherwise authorized by law for every 30 days of service in this program. Therefore, each unit shall maintain records of the offenders assigned to the work crews and the number of days worked. These records shall be forwarded to the records office at the facility to determine the amount of good time to be awarded to the offender.

La. Admin. Code tit. 22, § I-340

Promulgated by the Department of Public Safety and Corrections, Corrections Services, LR 33:665 (April 2007), amended LR 37:1174 (April 2011).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:833.1.