La. Admin. Code tit. 22 § I-1101

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-1101 - Responsibilities and Functions

A. Purpose-to clarify and further establish and outline the functions and responsibilities of the Division of Prison Enterprises pursuant to the provisions of R.S. 15:1156.

B. Applicability-deputy secretary, chief of operations, undersecretary, assistant secretary, regional wardens, wardens, Director of Prison Enterprises, and Director of Probation and Parole. Each unit head shall ensure appropriate unit written policies and procedures are in place to comply with the provisions of this regulation.

C. Policy

1. The Division of Prison Enterprises is an integral component of the department's reentry initiatives by enabling offenders to increase their potential for successful rehabilitation and reintegration into society by providing occupational and skills training through productive job opportunities. To that end, the Division of Prison Enterprises shall develop and implement policies and procedures for agriculture, aquaculture, silviculture, marketing programs, industrial enterprises, livestock operations, and services to utilize the department's resources in the production of food, fiber, and other necessary items used by offenders to promote good work habits, to teach systems of accountability, and to simulate work environments offenders potentially may experience upon their release. Prison Enterprises shall provide training and work opportunities for offenders to enhance the department's reentry initiatives. Prison Enterprises provides products and services to state and local agencies, other political subdivisions, open market customers, and public employees, and additionally utilizes the department's resources to lower imprisonment costs.

D. Definitions

Advertising-the use of Prison Enterprises' resources to call to the attention of existing or potential customers the products or services offered by Prison Enterprises through media sources, including but not limited to print, television, radio, signage, sponsorships, tradeshows, and other electronic media.

Agricultural-pertaining to the production, storage, processing, marketing, or distribution of any agronomic, floricultural, horticultural, vitacultural, silvicultural, or aquacultural, crop, including but not limited to farm products, livestock and livestock products, poultry and poultry products, milk and dairy products, fruit and other horticultural products, and seafood and aquacultural products.

Aquacultural Commodities-of or relating to cultivation of natural produce of water such as fish and shellfish and their by-products.

Consuming Public-people or entities who purchase goods or services for use primarily for personal, family, or household purposes. Consuming public does not include departments, institutions, agencies, or political subdivisions of the state and does not include any penal, reformatory, or custodial facilities, the major portion of whose maintenance is contributed by this state or any of the political subdivisions thereof for the use or consumption of said institution or facility, or for the use or consumption of the population therein contained, or a private, nonprofit, taxexempt organization under Section 501(c)(3) of the U.S. Internal Revenue Code.

Crop Commodities-food and fiber products that cover a broad range of goods from both processed and unprocessed bulk commodities. Crop commodities include, but are not limited to soybeans, corn, wheat, rice, cotton, vegetables, grasses, and their by-products.

Governmental Agencies-includes, but not limited to federal, state, local, and foreign governmental bodies, as well as non-profit organizations, both within and outside the state of Louisiana.

Industrial Enterprise-a manufacturing, distribution, production, assembly, or warehousing operation that accommodates the direct or indirect exchange of goods.

Livestock-animals and their by-products reared in agricultural settings to make or produce food or to be used for labor. Livestock includes but is not limited to cattle, buffalo, bison, oxen, and other bovine; pigs, sheep, goats, domestic rabbits, fish, turtles, and other animals identified with aquaculture that are located in artificial reservoirs or enclosures constructed so as to prevent, at all times, the ingress and egress of fish life from public waters, horses, mules, donkeys, and other equine; and birds, such as chickens, turkeys, and other poultry.

Marketing-the process or technique of promoting, selling, and distributing a product or service. Marketing includes, but is not limited to, restricted marketing to a targeted buyer or group of buyers.

Meat and Food Products-products including, but not limited to, all processed and/or unprocessed bulk beef, poultry, pork, seafood, and other food products used for production or resale.

Open Market-an unrestricted market with free access by, and competition of, buyers and sellers. Nonetheless, the words open market as used in R.S. 51:692.1, 51:692.2, and 51:692.3 shall mean all sales or exchanges conducted or transacted through the medium of stores, shops, sales agents or agencies, whether retail or wholesale, or in any manner to the consuming public.

Private Treaty-a sale of property on terms determined by conference of the seller and buyer.

Promotional Items-items having no substantial resale value including, but not limited to, calendars, pens, hats, and t-shirts bearing information relative to Prison Enterprises.

Public Employee-person employed at any level in any capacity by a governmental agency in any branch of government. See also R.S. 42:1102(18)(19).

Row Crop Contracts-contracts with grain elevators or others based on the Chicago Board of Trade.

Samples-any Prison Enterprises' products or services provided to a potential or existing customer or placed in a highly visible location or otherwise utilized to enhance sales to existing or potential customers. Samples include, but are not limited to, items provided to governmental agencies or organizations affiliated with potential customers to use at their discretion.

Service Industry/Services-any labor-intensive endeavor using offender labor or Prison Enterprises' resources to accommodate customer requests. This includes, but is not limited to, custodial services, grounds-keeping, bulk mailings, or assembly.

Silvicultural Commodities-of or relating to controlling the establishment, growth, composition, health and quality of forests and woodlands and their by-products through management, harvest, and planting.

Timber-includes all natural and planned growth of trees used for building and other purposes, and all byproducts of trees including, but not limited to, pine straw, firewood, and bark.

E. Procedures

1. The director of Prison Enterprises shall be responsible for the following:

a. establishment and operation of all agricultural, aquacultural, silvicultural and marketing programs, industrial enterprises, livestock operations and service industries, including certification in the Private Sector/Prison Industry Enhancement (PS/PIE) program within the department.

b. development of budgets and plans of operation for all Prison Enterprises programs within the state;

c. procurement of all raw goods, supplies, commodities, breeding livestock, inventories, services, studies or experimental work in accordance with the Louisiana Procurement Code, Procurement of Services Rules and Regulations, executive orders, rules established by administrative law, and all other applicable state and federal laws;

d. purchase of commodities, including but not limited to, agriculture commodities, prison industry commodities, and other commodities available from other state, federal, and foreign governmental agencies.

2. Prison Enterprises may purchase without bid both finished and unfinished goods from other governmental agencies and also may purchase processed and unprocessed raw materials from other governmental agencies for further processing or sale. Purchases of this type shall be made only to accommodate or take advantage of delivery terms, consistency in product quality/specifications, manufacturing capabilities, and price.

3. All funds received from the sale of products and services shall be deposited immediately upon receipt into the state treasury.

4. Functional supervision at the field level relative to interface with unit activities and security requirements shall be under the jurisdiction of the warden in accordance with ACA Standards.

F. Marketing and Promotion

1. Prison Enterprises may market and promote activities or incur expenses to promote its products and services to existing or potential customers. Marketing and promotional activities include, but are not limited to, providing samples and promotional items, participating in advertising, and attending conferences and/or conventions.

G. Sales

1. General

a. Sale of all Prison Enterprises products, commodities, livestock, and services may be sold in the manner provided by law, including but not limited to, direct sales to governmental agencies, non-profit entities, private entities, public employees, and other targeted customers, as well as statutorily-permitted open market sales, sealed bids, auctions, and sales of bulk-purchased items via central warehousing operations.

b. Sales to governmental agencies shall be priced based in response to bid requests, direct sales of Prison Enterprises contract products and by direct negotiation between Prison Enterprises and the governmental agency.

c. Prison Enterprises can sell manufactured, processed, agricultural, and other commodity products to a full-time or part-time public employee who resides within the state of Louisiana, provided the public employee certifies the product shall not be resold or transferred outside of Louisiana. Pricing shall be determined based on current Prison Enterprises' contract prices or established Prison Enterprises' pricing methodology.

d. Prison Enterprises shall not sell any product or service for the purpose of promoting political candidates or any other political activity.

2. Sale of Bulk Meat and Food

a. Meat and food products offered for sale by Prison Enterprises and their corresponding prices shall be listed on the state contract published by the Louisiana Division of Administration-Office of State Procurement. Prices shall be updated at intervals as deemed necessary by the Director of Prison Enterprises.

b. Pricing for meat and food products shall be based on purchase price, market conditions, and sales history. The Director of Prison Enterprises or designee is responsible for approving all prices.

3. Sale of Timber

a. The LSU School of Forestry or a professional timber consultant shall be retained to formulate a multi-year timber management plan.

b. If a professional timber consultant is hired, the professional timber consultant shall be a member of a professional timber management association and shall provide sufficient references.

c. A submitted timber management plan shall include best management practices for all woodlands located on property controlled by the department. The timber management plan shall be presented to the agriculture manager, who shall make recommendations for harvest and sale of timber to the Director of Prison Enterprises or designee.

d. Large quantities of timber shall be sold on the open market by bid in accordance with recommendations made by either the LSU School of Forestry or the professional timber consultant.

e. Smaller quantities of timber (for example, damaged trees cut for salvage) and timber by-products shall be sold on the open market at current market rates or by private treaty at the recommendation of the LSU School of Forestry or the professional timber consultant to the agriculture manager.

f. All sales of timber require the approval of the director of Prison Enterprises or designee.

4. Sale of Services

a. The Director of Prison Enterprises or designee and the potential customer shall negotiate terms of agreement to include pricing and a detailed description of services to be rendered.

b. Prison Enterprises also may respond to bid requests by governmental agencies and other entities to provide services.

5. Sale of Livestock

a. Cattle

i. Approvals

(a). The agriculture manager shall provide information regarding cattle to be sold, said information to include type of cattle, quantity, estimated weight, location, etc. to the director or designee.

(b). This information shall then be utilized to grant approval prior to the sale or advertisement.

ii. Direct Sales

(a). Prison Enterprises may sell cattle by private treaty with the approval of the director or designee. This method of sale shall be used if the agriculture manager determines the sale is financially or operationally advantageous. The director's approval shall be based on criteria such as current market data, current needs of Prison Enterprises, and other documented circumstances which support the sale as financially or operationally advantageous.

(b). The agriculture manager shall review market data to determine the reasonableness of the price offered by the potential buyer. The agriculture manager, upon consultation with the director or designee, shall agree to a price determined to be fair considering all above-listed circumstances.

iii. Advertised Bids

(a). Advertisements for bids when selling cattle shall be published for at least one day in the state journal and in at least one printing of the official journal of the parish the livestock is located in. A copy of the bid package shall be sent also to a list of people/companies comprised of previous bidders and known major cattle buyers who purchase cattle in the southern United States. A copy of the bid package shall be provided also to the LSU Agricultural Center Beef Specialist for informational purposes and for distribution to the LSU Cooperative Extension office of each parish.

(b). Photographs of livestock shall be provided to prospective bidders upon requests to the agriculture manager at the phone number listed in the advertisement. Livestock shall be available for viewing by prospective bidders during the advertisement period by contacting the agriculture manager at the phone number listed in the advertisement.

(c). Vendors shall be allowed to submit bids until the bid opening date and time specified in the bid opening package. The bid package shall specify the latest date and time that bids will be accepted either by fax, mail, or hand delivery.

(d). The agriculture manager shall review market data regularly during the bid period to determine highs and lows in prices and will use this information to determine the reasonableness of bids received. The agriculture manager, upon consultation with the director or designee, shall notify the department's director of procurement and contractual review of the decision to award or cancel the bid.

(e). The successful vendor shall pick up livestock on or before the date stated in the bid. Livestock shall be sorted and penned in accordance with provisions of the bid. The successful vendor is responsible for all necessary transportation equipment and other expenses related to the pickup, unless otherwise stated in the bid. Prison Enterprises shall make necessary accommodations for the pickup unless extraordinary circumstances (severe weather, security events, etc.) prohibit pick up on the stated date.

iv. Cattle sold at auction, whether by stockyards or video auctions, are exempt from the above procedures.

b. Horses for Law Enforcement

i. Horses bred and raised for law enforcement purposes shall be sold to local, state, and out of state governmental agencies, or non-profit organizations affiliated with law enforcement without bid at a price agreed upon by Prison Enterprises and the customer.

c. Other Livestock

i. All other livestock, including but not limited to, non-law enforcement horses, swine, birds, fish, and crawfish shall be sold at established market price or through other customary means, or by private treaty, bid, or auction by adhering to the procedures listed above for cattle.

6. Sale of Crop Commodities

a. Pursuant to the sale of grain products and other crop commodities, the agriculture manager routinely shall research available market information and follow the futures prices of grains and other crop commodities at the Chicago Board of Trade. The agriculture manager, with the approval of the director or designee, shall obtain price quotes from local grain elevators and enter into row crop contracts that are at prices determined to be advantageous to Prison Enterprises and consistent with anticipated production levels. Contracts for the sale of grain and other crop commodities shall be for one of the following:

i. cash price;

ii. basis only with futures price to be called for at a later date; or

iii. futures only with basis determined before delivery.

b. Pursuant to the sale of cotton, Prison Enterprises may bid a contract to gin harvested cotton. According to the specifications of the contract, the ginner shall submit a report to the agriculture manager. The report shall specify yield and quality. Prison Enterprises shall use the information from the ginner to sell the cotton either by bid or by private treaty.

c. Alternatively, Prison Enterprises may bid a contract to harvest by machine and gin the cotton crop. According to the specifications of the contract, Prison Enterprises shall maintain ownership of the harvested cotton; but Prison Enterprises may enter into agreement with an appropriate contractor for marketing and sale of the crop.

d. The sale of grasses for hay and other crop by products shall be made by bid or by private treaty. Bidding shall be accomplished by obtaining, at a minimum, telephone quotes from at least three bona fide bidders. The bid shall be awarded to the highest responsible bidder. Private treaty prices shall be set by the agriculture manager at or near current market prices for each particular product. Type, quality, location, responsibility for transportation, etc. of hay and other crop by-products shall factor into the pricing. Sales of grasses for hay and other crop by-products shall require the approval of the director or designee.

La. Admin. Code tit. 22, § I-1101

Promulgated by the Department of Public Safety and Corrections, Office of the Secretary, LR 33:855 (May 2007), amended by the Department of Public Safety and Corrections, Correction Services, LR 34:2642 (December 2008), Amended LR 482153 (8/1/2022).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:1156.