La. Admin. Code tit. 22 § I-409

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

Section I-409 - Performance Grid and Administrative Sanctions

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.

La. Admin. Code tit. 22, § I-409

Promulgated by the Department of Public Safety and Corrections, Corrections Services, LR 38:1597 (July 2012).

AUTHORITY NOTE: Promulgated in accordance with R.S. 49:950.