La. Admin. Code tit. 22 § I-713

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

Section I-713 - Youth Administrative Remedy Procedure [Formerly Section 326]

A. Purpose. The purpose of this regulation is to establish an administrative remedy procedure specific to juvenile offenders through which an offender may seek formal review of a complaint which relates to most aspects of his stay in secure care if less formal procedures have not resolved the matter.

B. Applicability. Assistant Secretary/Office of Youth Development, wardens, Youth Programs Compliance Division staff and employees and offenders of each juvenile institution.

C. Definitions

ARP Coordinator -a staff member designated by the warden whose responsibility is to coordinate and facilitate the ARP process.

Business Days -Monday through Friday.

Calendar Days -consecutive days including weekends and holidays.

Case Manager -a staff member whose primary responsibilities include a assisting offenders.

Emergency Grievance -a matter in which disposition within the regular time limits would subject the offender or others to substantial risk of personal injury, or cause other serious or irreparable harm.

Grievance -a written complaint on an offender's behalf regarding a policy, condition, action, or incident occurring within an institution that affects the offender personally.

Initiation of the ARP Process -for a particular complaint, the administrative remedy procedure shall commence the day the request is accepted in the ARP process.

Offender -a person incarcerated in a juvenile correctional institution.

Sensitive Issue -a complaint which the offender believes would adversely affect him if it became known at the institution.

Youth Programs Compliance Division (YPCD) -a division located at the Office of Youth Development Headquarters in Baton Rouge. Employees of this division are responsible for monitoring the ARP process.

D. Policy

1. The administrative remedy procedure for juveniles has been established for offenders to seek formal review of a complaint which relates to most aspects of their incarceration. Such complaints and grievances include, but are not limited to, any and all claims seeking monetary, injunctive, declaratory, or any other relief authorized by law. By way of illustration, this includes actions pertaining to conditions of confinement, personal injuries, medical malpractice, lost personal property, denial of publications, time computations, even though urged as a writ of habeas corpus, or challenges to rules, regulations, policies or statutes. Through this procedure, offenders shall receive reasonable responses and where appropriate, meaningful remedies.

2. Offenders may request administrative remedies to situations arising from policies, conditions, or events within the institution that affect them personally. Disciplinary reports are not grievable and must be handled through the disciplinary appeal system. Court decisions and pending criminal and adjudication matters over which the department has no control or jurisdiction shall not be appealable through this administrative remedy procedure.

3. All offenders, regardless of their classification, impairment or handicap, shall be entitled to invoke this grievance procedure. It shall be the responsibility of the warden to provide appropriate assistance for offenders with literacy deficiencies or language barriers. No action shall be taken against an offender for the good faith use of or good faith participation in the procedure. Reprisals of any nature are prohibited. Offenders are entitled to pursue, through this grievance procedure, a complaint that a reprisal occurred.

4. All offenders may request information and obtain assistance in using the administrative remedy procedure from his case manager, counselor, or other staff member. Nothing in this administrative remedy procedure will serve to prevent or discourage an offender from communicating with the warden or anyone else in the department.

E. General Procedures

1. Dissemination. New employees and incoming offenders must be made aware of the administrative remedy procedure in writing and by oral explanation at orientation and have the opportunity to ask questions and receive oral answers. A simplified version of the administrative remedy procedure will be provided in booklet form to the offenders during the orientation process. This version of the procedure shall also be posted in areas readily accessible to all employees and offenders.

2. Informal Resolution. Offenders are encouraged to resolve their problems within the institution informally, before initiating the formal ARP process. This informal resolution may be sought by talking to his case manager, counselor, or other staff member. An attempt at informal resolution does not affect the timeframe for filing an ARP; therefore, the offender and staff member assisting with informal resolution must be alert to the 90 calendar day filing timeframe so that the opportunity to file an ARP is not missed when it appears that the situation will not be informally resolved before the expiration of the filing period.

3. Initiation of ARP

a. An ARP is initiated by completing the first part of the Juvenile ARP Form (see Subsection N). No request for ARP shall be denied acceptance because it is not on a form; however, all requests must contain a statement or phrase to the effect: "This is a request for administrative remedy;" "This is a request for ARP;" or "ARP." Upon receipt by the ARP coordinator, any such request will be attached to an ARP Form.

b. The offender has 90 calendar days after the incident occurred in which to file a complaint. The ARP is considered "filed" upon receipt by the ARP coordinator or designee. This includes those ARPs placed in the ARP or grievance box over the weekend or on a legal holiday. The ARP forms shall be available at designated sites at each institution and from case managers.

c. The offender shall complete the first part of the form outlining the problem and remedy requested. His case manager, counselor, or other staff member will be available for assistance in completing the form at each stage of the process.

d. If additional space is needed for completing any part of the form, another page of paper may be used and attached to the original form. The offender must give the completed, original form to his case manager or place it in the designated collection site to be picked by the ARP coordinator.

e. Offenders released from secure care prior to filing their ARP should send the ARP directly to the ARP coordinator. The ARP must be postmarked within 90 days or received within the 90 calendar day timeframe, if not mailed.

4. Screening of Requests. The ARP coordinator will screen all requests prior to the step one review/response. If the same complaint is received from different offenders, each must be reviewed as an individual complaint. If the ARP is rejected, the reason(s) for rejection shall be noted on the Juvenile ARP Form. Copies of ARP acceptances, rejections, etc. will be maintained by the ARP coordinator. The Youth Programs Compliance Division will be copied on all rejections. A request may be rejected for one or more of the following reasons (See Part 10, "Judicial Review," for consequences of rejection).

a. The complaint pertains to a disciplinary matter, court decision or a judge's order in the offender's case.

b. The complaint concerns an action not yet taken or decision which has not yet been made.

c. There has been a time lapse of more than 90 calendar days between the event and receipt of the initial request.

d. The date of the event is not on the form. In this case, the form will be returned to the offender to have the correct date noted, however, the original 90 day time limit will still apply.

e. The offender has requested an administrative remedy for another offender.

f. A request is unclear. If this occurs, the request may be rejected and returned to the offender with a request for clarity. The deadline for this request will begin on the date the re-submission is received by the ARP coordinator (within five calendar days in a secure facility and 10 calendar days if the offender has been released).

g. An offender refuses to cooperate with the inquiry into his allegation. If this occurs, the request may be rejected by noting the lack of cooperation on the Juvenile ARP Form and returning it to the offender.

h. The request is a duplicate of a previous request submitted by the same offender.

i. The request contains several unrelated complaints. Normally, an offender should not include more than one complaint in a single ARP. The ARP coordinator has the discretion to accept or reject the ARP if it contains several unrelated complaints.

5. Reprisals. No action shall be taken against any offender for the good faith use of or good faith participation in the ARP. The prohibition against reprisals should not be construed to prohibit discipline of offenders who do not use the system in good faith. Those who file requests that are, as determined by the ARP coordinator, frivolous or deliberately malicious may be disciplined under the appropriate rule violation contained in the "Disciplinary Rules and Procedures for Juvenile Offenders."

F. Step One (Maximum Time Limit-21 Calendar Days) ARP Coordinator's Review and Warden's Response

1. The offender will begin the process by completing the first part of a Juvenile ARP Form, which will briefly set out the basis for the claim and the relief sought. The form must be submitted within 90 calendar days of the incident which caused the grievance. The 90-day requirement may be waived by the warden when circumstances warrant, i.e., if the offender is ill for an extended period of time or if a significant, unusual event affects the offender's ability to file the ARP. The offender may also request a five calendar day extension from the ARP coordinator if additional time is needed to prepare the ARP.

2. The original Juvenile ARP Form submitted by the offender will become part of the process, and will not be returned to the offender until the warden's response (step one) has been finalized.

3. ARPs shall be screened and logged by the ARP coordinator. If appropriate for handling, the ARP coordinator or fact-finding person assigned by the ARP coordinator will begin fact-finding, including communication with the various program managers for program specific complaints, if needed. The ARP coordinator will send notice to the offender via a copy of the Juvenile ARP Form regarding the status (acceptance/rejection) of the request. The warden should be kept appraised of the status of the ARP throughout the process.

4. ARPs filed by an attorney must include proof of representation in the form of a signed pleading, a letter signed by the offender's parent or guardian advising of the retention of the attorney or some other legal authorization for the attorney's representation. The ARP coordinator or fact-finding person cannot interview the offender without contacting the attorney to give the attorney an opportunity to be present during the ARP coordinator/fact-finding person's interview with the offender. The offender may not be interviewed without the attorney (unless the attorney waives his presence) for a minimum of two business days after the staff's contact with the attorney. If the attorney cannot be available within this timeframe, the ARP process will proceed as usual. If no proof of representation is attached to the ARP, the 48-hour waiting period is not required.

5. If the offender advises the ARP coordinator or fact-finding person during the investigation that he has spoken with an attorney about the ARP, the interview must cease. The ARP coordinator or fact-finding person will obtain the attorney's name and telephone number from the offender and contact the attorney following the procedures described in the preceding Paragraph.

6. The ARP coordinator will submit the ARP, supporting documentation and recommendation to the warden for final step one action, which must be completed within 21 calendar days of receipt of the ARP by the ARP coordinator. Emergency and medical, safety or abuse-related requests should be handled expeditiously. Abuse-related requests should also be copied to the Project Zero Tolerance Investigators for verification that an investigation has been or is being conducted (if appropriate to the circumstances.)

7. The warden may return the Juvenile ARP Form to the ARP coordinator for additional information or further review prior to rendering the response.

8. Once the warden's response has been entered onto the original Juvenile ARP Form, the form will be returned to the ARP coordinator. The ARP coordinator will log and forward the original to the offender, keep a copy for the ARP file and send a copy to the appropriate section of the institution, if applicable. Copies of documents gathered in preparation of the review and response to the grievance will be maintained in the ARP file.

9. Unless the offender appeals to step two, no further action is needed at this level.

G. Step Two (Maximum Time Limit-21 Calendar Days) Secretary's Response

1. An offender who is dissatisfied with the step one decision may appeal to the secretary. Within 10 days of receipt of the step one decision, the offender must complete the next part of the original ARP noting the request for the step two review and provide it to his case manager or place it in the designated collection site for the ARP coordinator to pick up. His case manager or other staff member will be available to assist as needed with filing the appeal.

2. The ARP coordinator will retain a copy for the ARP file, log and mail the original form along with copies of any supporting documentation directly to the secretary or his designee. For the purpose of the step two response, this authority has been delegated by the Secretary to the assistant secretary of the Office of Youth Development (OYD).

3. A final decision will be made by the assistant secretary/OYD and the offender will be notified of the decision by mail (copy of the ARP Form) postmarked within 21 calendar days of the assistant secretary's receipt of the appeal. The assistant secretary/OYD will retain a copy of the ARP and return the original to the ARP coordinator. The ARP coordinator will copy the decision to the warden, offender's attorney (if ARP was filed by the attorney), and to the ARP file. The ARP coordinator will also insure the original response is sent to the offender and obtain the offender's signed acknowledgment of receipt.

H. Judicial Review

1. If an offender's ARP is rejected or if he is not satisfied with the step two response, he may seek judicial review of the decision pursuant to R.S. 15:1177 et seq., within 30 calendar days after receipt and signing acknowledgment of receipt of the decision.

2. In these cases, the ARP coordinator will notify the offender's parents or guardian and attorney (if applicable), in writing, that the departmental grievance procedure has been exhausted.

I. Timeframes and Extensions

1. An offender may make a written request to the ARP coordinator for an extension of up to five calendar days in which to initiate an ARP. He may make a written request to the warden for an extension of up to five calendar days in which to appeal to the secretary. (This does not limit the warden's discretion under Section 8. A. to grant any filing timeframe waiver that he deems appropriate.) The warden must certify valid reasons for the delay.

2. The warden may make a written request to the assistant secretary/OYD for an extension of up to seven calendar days for the step one review/response. The offender must be notified in writing of such an extension. The assistant secretary/OYD may extend time needed for his response when such is deemed necessary. However, in no case may the cumulative extensions exceed 30 calendar days. This does not include waivers granted by the warden due to the offender's illness or other significant, unusual events.

3. Unless an extension has been granted, no more that 42 calendar days shall elapse from the ARP coordinator's receipt of the ARP to completion of the step two process. Absent such an extension, expiration of response time limits shall entitle the offender to move on to the next step in the process.

J. Sensitive Issues

1. If the offender believes his complaint is sensitive and he would be adversely affected if it became known at the institution, he may file the complaint directly with the assistant secretary/OYD. The offender must explain, in writing, the reason for not filing the complaint at the institution.

2. If the assistant secretary/OYD agrees that the complaint is sensitive, he shall accept and respond to the complaint. If he does not agree that the complaint is sensitive, he shall so advise the offender in writing, and return the complaint. When this occurs, the assistant secretary/OYD shall also send a copy of this communication to the warden and to the ARP coordinator. The ARP coordinator will insure that the decision is delivered to the offender and obtain the offender's signature acknowledging receipt.

3. The offender shall then have the normal 90 calendar day deadline from the date the incident occurred or seven calendar days from the date he receives the rejection (whichever is longer) to submit his request through regular channels beginning with step one.

K. ARPs Related to Lost Property Claims

1. Under no circumstances may an offender be compensated for unsubstantiated loss, or for a loss which results from the offender's own acts or for any loss resulting from bartering, trading, selling to, or gambling with other offenders. If the loss of personal property occurs through the negligence of the institution and/or its employees, the offender's claim may be processed as described below.

2. If a state-issue item is available, the offender will be offered such as replacement for the lost personal property. If a state-issue replacement is not available, the warden or his designee will determine a reasonable value for the lost personal property. The maximum liability is $50. Regardless of whether the ARP results in a monetary or non-monetary replacement, the Lost Property Agreement Form (see Subsection O) will be completed and submitted to the offender for his signature. ARPs (with Lost Property Agreement forms attached) resulting in monetary settlements will be forwarded to the assistant secretary/OYD for review and processing. These ARPs must include a cover letter advising that the ARP is for settling a lost property claim.

3. The ARP will be processed in accordance with the established timeframes and guidelines except that the response will not be delayed pending the processing of the monetary award by the assistant secretary/OYD.

L. Miscellaneous

1. Records. Administrative remedy procedure records are confidential and release of these records is governed by R.S. 15:574.12 and Ch. C. Art. 412. Records shall be kept at least three years following final disposition of the request. The assistant secretary/OYD shall formulate a procedure for orderly disposal of these records. The following records must be maintained. The institution may retain other records as deemed appropriate.

a. A database (on computer) will be maintained by the ARP coordinator which will document the nature of each request, all relevant dates, recommendations and dispositions of steps one and two.

b. Each institution will submit reports on ARP activity in accordance with Department Regulation No. C-05-001-J.

c. Individual ARPs and dispositions, and all responses and pertinent documents shall be kept on file at the ARP coordinator's office.

2. Transferred Offenders. When an offender has filed a request at one institution and is transferred prior to the review, or if he files a request after transfer on an action taken by the sending institution, the sending institution will complete the processing through step one. The warden of the receiving institution will assist in communication with the offender.

3. Discharged Offenders. If an offender is discharged before the review of an ARP, or if he files an ARP after discharge, the institution will complete the processing and will notify the offender at his last known address. (The 90 calendar day timeframe in which to file an ARP applies regardless of whether the offender has been discharged from secure care.)

4. Monetary Damages. Based upon credible facts within an ARP, the assistant secretary/OYD may find cause to believe that monetary damages are a fair and just remedy. The assistant secretary/OYD shall consult with the secretary and the legal section of the department to determine if monetary damages are appropriate. Upon finding that monetary damages should be awarded, a dollar amount of the monetary damages to be awarded must be determined. This matter shall be referred to the Office of Risk Management (ORM) of the Division of Administration. If a settlement is reached, a copy of the signed release shall be given/faxed to the appropriate institution.

5. Annual Review. The warden shall annually solicit comments and suggestions from offenders and staff regarding the handling of requests, the efficiency and the credibility of the administrative remedy procedure and report the results of such review to the assistant secretary/OYD and the director of YPCD.

M. Effective Date. Only ARP requests filed on or after the effective date of this regulation, as adopted pursuant to the Administrative Procedure Act, shall be governed by this procedure and all ARP requests filed prior to the effective date will be administered in accordance with the provisions of LAC 22:I.324, formerly LAC 22:I.325, Administrative Remedy Procedure. All juvenile lost property claims filed prior to the effective date of this rule will be administered in accordance with LAC 22:I.389. All juveniles lost property claims filed after the effective date of this rule shall be governed by this procedure only.

N. Juvenile ARP Form

DPSamp;C-CORRECTIONS SERVICES Number: _____-____-___

JUVENILE ARP FORM Date Received:_________

Name: ____________________ JIRMS Number:______________

Institution: _________________ Housing Unit:_______________

"THIS IS A REQUEST FOR ARP"

(You may ask your case manager or other staff members for help completing this form.)

State your problem (WHO, WHAT, WHEN, WHERE AND HOW) and the remedy requested (what you want to solve the problem):

Problem: ______________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

Remedy requested: ______________________________________

Date of Incident:___________ Today's Date: _________________

This form must be completed within 90 calendar days of the date of the incident and given to the ARP Coordinator or placed in the ARP/grievance box.

Step One-ARP Coordinator's Review and Warden's Response

(Maximum Time For Processing: 21 calendar days)

____ Denied ___Rejected ___Returned ___ Accepted Date: _____

Reason: _______________________________________________

_______ Handled Informally By ___________________________

AC's Recommendation:

Sent to Warden on: _____________AC's Signature: ____________

Warden's response to your ARP Step One request: _____________

______________________________________________________

______________________________________________________

______________________________________________________

Date: _______ Warden's Signature: _______________________

If you are not satisfied with this response, you may go to Step Two. The ARP Coordinator must submit your request to the Secretary within 10 calendar days after you receive the Step One response.

Received Step One on: _______ Juvenile's Signature: __________

Request Step Two: _yes __no Reason for Step Two request: ___

______________________________________________________

Date Step Two request received by AC: _ Date Sent to Secretary: _

AC's Signature: _______________________

Step Two-Secretary's Response

(Maximum Time For Processing: 21 calendar days)

Date Received:

Secretary's response to ARP Step Two request: _______________

____________________________________________________

____________________________________________________

____________________________________________________

Date: __________ _____________________________________

Secretary's Signature

Date received Secretary's response:______ __________________

Juvenile's Signature

If you are not satisfied with this response, you may seek judicial review. A request for judicial review must be submitted to the court within 30 calendar days after receiving the Step Two decision.

O. Lost Property Agreement

Rev. 01-01-02

LOST PROPERTY AGREEMENT

I, _____________(Offender name), JIRMS # ________________, filed an ARP for _____________(description of lost property.) My ARP was filed on ____________. I have received __________as a settlement for my lost property. Since I have received a settlement for my lost property, the State of Louisiana (Department of Public Safety and Corrections [DPSamp;C]) does not owe me anything for my property which was reported lost on _______(Date ARP filed.) I agree to release the State of Louisiana (DPSamp;C) and any of its agents, representatives, officers and employees from any liability for compensation, damages and any other amounts that may be owed to me because my property was lost. I also agree to discharge the State of Louisiana of any liability that may exist. I agree to all the terms of this agreement.

WITNESSES:

_______________________

___________________________

(Signature of Offender)

_______________________ ___________________________

(Date)

Warden's Approval ____________________________________

Secretary's Approval ___________________________________

(Necessary for monetary settlement)

La. Admin. Code tit. 22, § I-713

Promulgated by the Department of Corrections, Office of Adult Services, LR 28:861 (April 2002), amended LR 28:1994 (September 2002).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:1171, et seq.