La. Admin. Code tit. 22 § XI-113
Current through Register Vol. 50, No. 11, November 20, 2024
Section XI-113 - Communications with Committee MembersA.1. No member of the committee shall transmit any correspondence to, or otherwise confer with, a judge before whom a convicted offender is awaiting sentencing to request or recommend any action relating to the sentence to be imposed upon the offender.2. The committee shall notify the governor of its finding of a violation of this Section. However, no decision of the committee shall be nullified or otherwise affected by the participation of a member who has violated this Section, except a decision that involves the offender on whose behalf the request or recommendation was made.B. Notwithstanding the provisions of R.S. 15:574.12(A), or any other provision of law to the contrary, no person shall contact or communicate with the committee or any of its members urging parole, or otherwise regarding any offender, except in an open hearing/meeting or by written letter addressed to the committee. 1. Any written communication with the committee regarding an offender as provided in this Section shall be deemed a public record and subject to public inspection as provided by R.S. 44:1 et seq.2. Letters written by or on behalf of any victim of a crime committed by the offender, or any letter written in opposition to the offender being placed on parole shall not be deemed a public record. However, this exception shall not apply to any written communication by an elected or appointed official.C. Any member of the committee improperly contacted by an individual shall immediately cease the inappropriate communication with the individual, notify the individual in writing, return receipt requested, accompanied by a copy of this rule, that such contact was illegal and inappropriate, and report the contact to the other committee members. 1. Any person who persists in violating the provisions of this Section, after being informed of the inappropriate contact as provided in this Section, shall be reported to the appropriate district attorney for prosecution.2. If convicted, the violator shall be fined not more than $500 or imprisoned for not more than six months, or both.D. Any oral communication received by a committee member with the intent to affect the outcome of any offender's case shall be documented in writing. 1. The written documentation shall include the name of the individual making the contact, date and time of the contact, type of communication, name of offender, nature of the request and committee member's action.2. A copy of such written documentation shall be kept in a central registry at the committee office and shall be subject to public inspection.E. Copies of any written communication received by a committee member shall be made available to all committee members and shall be subject to public inspection.F. Any public records' request directed to the committee or its staff should be made in writing. The chairman or his or her designee and/or the committee's attorney shall review and approve or disapprove the request in accordance with R.S. 15:574.12 and R.S. 44:1 et seq.La. Admin. Code tit. 22, § XI-113
Promulgated by the Department of Corrections, Board of Parole, LR 2:115 (April 1976), amended by the Department of Public Safety and Corrections, Board of Parole, LR 24:2294 December 1998), amended by the Office of the Governor, Board of Pardons, Committee on Parole, LR 39:2260 (August 2013).AUTHORITY NOTE: Promulgated in accordance with R.S. 15:574.2 et seq., R.S. 15:535 et seq., and R.S. 15:540 et seq.