La. Admin. Code tit. 22 § I-1301

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

Section I-1301 - Judicial Agency Referral Residential Facilities

A. Purpose - to state the secretary's rules relative to the housing or temporary residence of individuals who have been arrested for the commission of a crime and are referred by any judicial agency to a certified residential facility and to provide for the construction, standards of operation and services provided by such residential facilities. Further, certified judicial agency referral residential facilities shall also be available for use by the Division of Probation and Parole to house offenders under supervision by the Division of Probation and Parole. Such offenders who are probationers shall be accountable to the applicable court and those who are parolees shall be accountable to the Committee on Parole.

B. Applicability - deputy secretary, undersecretary, chief of operations, assistant secretary, director of probation and parole, chairman of the Committee on Parole and administrators of housing or temporary residential facilities. The chief of operations is 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. No facility not otherwise required to be licensed by the Department of Health and Hospitals or Department of Children and Family Services, shall provide housing or temporary residence to any individual referred by a judicial agency, the court or the Committee on Parole except in accordance with this regulation. Referrals to such facilities by a judicial agency, the court or the Committee on Parole may only be made after the facility has been inspected by the Department of Public Safety and Corrections and certified to be in compliance with the standard operating procedures established pursuant to this regulation.

D. Procedures

1. The facility shall comply with all building codes, local zoning requirements and ordinances with regard to permits and licenses.

2. The state fire marshal and state health officer shall determine rated bed capacity and approval for occupancy.

3. The facility shall comply with the standard operating procedures (SOP) for judicial agency referral residential facilities. Revisions to the SOP shall be accomplished through this regulation under the signature of the secretary.

4. The facility shall be accredited by the American Correctional Association within 24 months of opening and shall maintain accreditation at all times thereafter.

La. Admin. Code tit. 22, § I-1301

Promulgated by the Department of Public Safety and Corrections, Corrections Services, LR 33:666 (April 2007), amended LR 37:1408 (May 2011), LR 38:2932 (November 2012).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:2851 and 2852.