La. Admin. Code tit. 22 § I-1303

Current through Register Vol. 50, No. 9, September 20, 2024

Section I-1303 - Standard Operating Procedures

A. American Correctional Association (ACA)

1. All judicial agency referral residential facilities shall be operated in accordance with R.S. 40:2852 and must maintain accreditation by the American Correctional Association Standards for Adult Community Residential Services. Facilities shall be accredited by the American Correctional Association (ACA) within 24 months of opening as a judicial agency referral residential facility.

2. Written policies and procedures that reflect compliance with ACA and the standard operating procedures for judicial agency referral residential facilities, as well as facility rules for resident behavior must be submitted to and approved by the secretary of the Department of Public Safety and Corrections prior to beginning operations or implementation. Any proposed revisions to policies, procedures or facility rules must be submitted for approval prior to implementation.

B. Administration

1. The facility shall have a written document describing the facility's organization. The description shall include an organizational chart that groups similar functions, services and activities in administrative subunits. The chart is reviewed at least annually and updated, if needed.

2. Regular meetings between the facility administrator and all department heads shall be held monthly and there is formal documentation that such meetings occurred.

3. Written policy, procedure and practice shall provide for an independent financial audit of the facility at least annually or as stipulated by statute or regulation, but at least every three years.

4. Each facility shall have insurance coverage that includes, at a minimum, property insurance and comprehensive general liability insurance. Such insurance is provided either through private companies or self insurance.

5. Residents' personal funds held by the facility are controlled by accounting procedures and in accordance with Subsection K of this Section.

6. Staffing requirements for the facility shall ensure there is 24 hour on site staff monitoring and coordinating of the facility's life safety and communications systems and also to respond to resident needs.

7. Standard of Conduct for Employees of Judicial Agency Referral Residential Programs

a. Employees are expected to conduct themselves in a manner that will not bring discredit upon their facility.

b. Each employee shall be advised of the location of the facility manual that specifies the operating and maintenance requirements of the facility. The location of the manual shall be accessible to all employees.

c. The facility shall provide adequate staff at the facility 24 hours a day to control the movement and location at all times of all residents assigned to the facility and to respond to their needs. However, when both female and male residents are housed in the same facility, at least one male and one female staff member are on duty at all times.

d. There shall be a method of staff identification so that they can be readily identified by visitors through utilization of name tags, identification cards, etc.

e. There shall be written job descriptions and job qualifications for all positions in the facility. Each job description includes at a minimum:

i. job title;

ii. responsibilities of the position;

iii. required minimum experience; and

iv. education.

f. All full-time employees must receive 40 hours of orientation training prior to undertaking their assignments (administrators, managers, professional and careworkers) and must participate in 40 hours of training their first year of employment and each year thereafter. Clerical/support staff shall be provided with 16 hours of training in addition to orientation during their first year and 16 hours of training each year thereafter. All training curriculum shall be in accordance with the applicable ACA standards.

8. A training procedure shall be in place which shall include orientation for all new employees (appropriate to their job) prior to assuming a position.

9. Case records shall be maintained for each resident housed at the facility.

10.

a. Written records or logs shall be maintained at the facility which continuously documents the following information:

i. personnel on duty;

ii. resident population;

iii. admission and release of residents;

iv. shift activities;

v. entry/exit of all visitors including legal/medical;

vi. unusual occurrences (including but not limited to major and minor disturbances, fires, escapes, deaths, serious illness or injury and assaults or other acts of violence).

b. Shift reports are also prepared after the completion of each shift.

C. Physical Plant

1. The facility shall comply with the requirements of the state fire marshal and shall have a specific plan for addressing deficiencies, if any, that is approved by the state fire marshal. The state fire marshal shall approve any variances, exception or equivalencies.

2. The facility shall comply with the requirements of the state health officer and shall have a specific plan for addressing deficiencies, if any, that is approved by the state health officer.

3. The number of residents present at the facility shall not exceed the rated bed capacity as determined by the state fire marshal and state health officer. The state fire marshal shall determine a capacity based upon exiting capabilities. The state health officer shall determine a capacity based upon the ratio of plumbing fixtures to residents and square footage. The rated capacity shall be the lower of these two figures.

4. Residents shall have access to toilets and hand washing facilities 24 hours per day and shall have access to operable showers on a reasonable schedule.

5. The facility shall have sanitary areas for the storage of all foods that comply with applicable state and/or federal guidelines.

6. The facility shall have a method to ensure the control of vermin and pests.

7. Toilet and hand basin facilities are available to food service personnel in proximity to the food preparation area.

8. The facility shall have exits that are properly positioned, clear, distinct and permanently marked to ensure the timely evacuation of residents and staff in the event of fire or other emergency.

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

10. The facility shall have a written emergency plan, which includes an evacuation plan, to be used in the event of a fire or major emergency. Evacuation drills shall be conducted at least quarterly on each shift when the majority of the residents are present. Facility staff shall be trained in the implementation of written emergency plans and the plans shall be disseminated to appropriate local authorities, including the Department of Public Safety and Corrections.

11. A qualified person conducts fire inspections at least quarterly and equipment is tested as specified by the manufacturer or the fire authority, whichever is more frequent. All furnishings shall comply with fire safety performance requirements.

12. All flammable materials shall be handled and stored safety. The use of toxic and caustic materials shall be controlled.

D. Facility Operations

1. The facility shall have a system for physically counting residents that includes strict accountability for residents assigned to the program. This shall include residents who are absent from the program for work, education or other temporary absence.

2. A current master list shall be maintained at all times of all residents assigned to the facility. This list is to be updated immediately whenever the facility receives, releases or removes a resident from the facility.

3. There are several forms of control that must be considered around the facility. Physical control of the residents assures that all are accounted for at all times. When a count is conducted and it is found that a resident who is not physically present in the facility has not signed out on the log in accordance with the appropriate procedure or has signed out but has failed to return to the facility on time in accordance with appropriate procedures, the facility shall take immediate action to locate the resident. If the resident cannot be located a report must be filed by the next working day with the referring judicial authority.

4. When a resident leaves the facility for any reason, he shall sign out in the facility resident log. Each entry shall include:

a. resident's name;

b. destination;

c. phone number at destination;

d. address of destination;

e. time out;

f. anticipated time of return;

g. actual time of return; and

h. the initials of the appropriate staff member charged with monitoring the log book.

5. Facility staff shall ensure that resident work schedules are verified prior to the resident signing out for work.

6. Alcohol/drug testing shall be conducted both randomly and for probable cause. Drug testing shall be conducted monthly on a minimum of 10 percent of the residents. Costs associated with testing shall be the responsibility of the facility. However, restitution in the amount of the actual cost of the drug testing may be obtained from the resident when the test results are positive.

7. The facility itself shall remain staffed 24 hours a day in such a manner that no person can enter or exit the facility without the knowledge of the on-duty staff.

8. The facility shall have a written emergency plan that is disseminated to the local authorities including but not limited to the local police and fire department.

9. The facility shall have disciplinary rules and procedures available to the resident population.

10. Program access and administrative decisions shall be made without regard to resident's race, religion, national origin or sex. The facility shall have written policy, procedure and practice to protect residents from personal abuse, corporal punishment, personal injury, disease, property damage and harassment.

11. Possession and use of weapons is prohibited in the facility except in the event of an emergency.

12. A written report shall be prepared following all uses of force detailing all circumstances, listing all involved, including witnesses and describing medical services provided. Such reports shall be submitted to the facility administrator and maintained on file.

E. Facility Services

1. Written policy, procedure and practice shall require that dietary allowances are reviewed at least annually by a qualified nutritionist, dietician or physician to ensure that they meet the nationally recommended allowances for basic nutrition for the type of residents housed at the facility. Records shall be maintained for all meals served. Three meals shall be provided at regular meal times during each 24 hour period for residents present in the facility at such meal time. Variations may be allowed based on weekend and holiday food service demands provided basic nutritional goals are met. Residents shall be provided an ample opportunity to eat.

2. The denial of food as a disciplinary measure is prohibited. Special diets as prescribed by appropriate medical or dental personnel shall be provided.

3. The facility shall have a written housekeeping and maintenance plan that provides for the ongoing cleanliness and sanitation of the facility, including a plan for the control of vermin and pests.

4. The facility has an obligation to ensure that the resident has adequate clothing appropriate to the season and the resident's work status, including adequate changes of clothing to allow for regular laundering.

5. The facility shall provide adequate bedding and linens including two sheets, pillow and pillowcase, one mattress and sufficient blankets to provide comfort under existing temperature controls. Residents shall have access to personal hygiene articles including soap, towels, toothbrush, toothpaste, comb, toilet paper, shaving gear and/or feminine hygiene articles.

6. The facility shall have written policy, procedure and practice for the delivery of health care services, including medical, dental and mental health services under the control of a designated health care authority that may be a physician, a licensed or registered health care provider or health agency. Access to these services are available 24 hours per day in case of emergency and should be unimpeded in the sense that non-medical staff should not approve or disapprove residents requests for services in accordance with the facility's health care plan.

7. Anyone providing health care services to residents shall be licensed, registered or certified as appropriate to their respective professional disciplines. Such personnel may only practice as authorized by their license, registration or certification. Standing or direct orders may be used in the treatment of residents only when authorized in writing by a physician or dentist.

8. Personnel who do not have health care licenses may only provide limited health care services as authorized by the designated health care authority and in accordance with appropriate training and job description. This would typically involve the administration of medication, the following of standing orders as authorized by the designated health care authority and the administration of first aid/CPR.

9. The facility shall provide access to 24 hour emergency medical services. This requirement may be met by agreement with a local hospital, on-call qualified health care personnel or on-duty qualified health care personnel.

10. All residents entering the program shall receive a health screening. The purpose of the health screening is to protect newly admitting residents who pose a health safety threat to themselves or others from not receiving adequate medical attention.

11. The facility shall have a method in place for the proper management of pharmaceuticals. Residents are provided medication as ordered by the prescribing physician.

12. First aid kits shall be available in areas of the facility as designated by the health care authority. Contents and locations are approved by the health authority.

13. Sick call shall be conducted by a physician and/or other qualified health care personnel who are licensed, registered or certified as appropriate to their respective professional disciplinary and who practice only as authorized by their license, registration or certification.

14. There is a written suicide prevention and intervention program that is approved by a medical or mental health professional who meets the educational and license/certification criteria specified by his/her respective professional discipline. All staff with responsibility for resident supervision are trained in the implementation of the program.

15. Written policy, procedure and practice shall specify and govern the actions to be taken in the event of a resident's death.

16. Residents shall not participate in medical, pharmaceutical or cosmetic experiments. This does not preclude individual treatment of a resident based on the need for a specific medical procedure that is not generally available.

F. Resident Programs

1. Educational programming shall be available from acceptable internal or external sources which shall include, at a minimum, assistance in obtaining individualized program instruction at a variety of levels.

2. Written policy, procedure and practice shall govern resident correspondence. Such policy shall include provisions for inspection of mail for contraband or deterrence of material that interferes with legitimate facility objectives. Written policy, procedure and practice govern resident access to publications and packages from outside sources. Staff members shall have access to policies concerning resident correspondence.

3. Written policy, procedure and practice govern visiting. The only time an approved visitor can be denied a visit is where there is substantial evidence that the visitor poses a threat to the safety of the resident or the security of the program.

4. Reading materials shall be available to residents on a reasonable basis.

5. Residents shall have an opportunity for religious practice.

6. Recreation and leisure time activities are available to meet the need of the residents.

7. Substance abuse services through community referrals shall be provided, along with adequate monitoring, for residents identified through assessment who have alcohol and/or drug abuse problems.

8. The facility shall have a grievance procedure with at least one level of appeal. However, if the resident is not satisfied with the outcome of the facility's internal decision they shall be allowed to appeal to the referring judicial agency.

G. Employment

1. There need be no general restriction on the types of jobs for which a resident may be considered. Each job offer shall be investigated to determine if it is bona fide and consistent with program policies. The expectation is that the job selected shall be that which best fulfills the purpose of the program. Good employment placement shall give preference to jobs that are related to prior training and are suitable for continued employment. All employment plans must be consistent with state statutes. Concern for public safety shall guide employment decisions at all times. No resident is to work for or on the premises of a school, day care facility or other business or agency whose primary objective is in the service of juveniles, or who provide housing, care and/or treatment of juveniles.

2. Other than noted above, there are no general restrictions on the types of jobs residents may be considered for except those relative to juveniles; however, common sense and logic must prevail. At all times, concern for public safety shall guide the decision. Residents shall not be employed in a bar, lounge or tavern as a bartender, waiter or janitor. Employment in a hotel, motel or restaurant where a lounge is a part of the establishment may be acceptable if the employment is verified by the facility and is determined to be appropriate.

3. No resident shall be employed in a position which would necessitate his/her departure from the state of Louisiana without the express consent of the probation and parole officer, district attorney and/or the court, whichever is applicable.

4. Every reasonable effort shall be made by the facility to provide residents with the highest paying job possible. Within reason, convenience of job location, as it pertains to the facility providing transportation, should not be a deciding factor as to where residents are employed.

5. Residents shall be assisted by facility staff in obtaining gainful employment. The facility shall be responsible for maintaining liaison with sources of information on available jobs and with potential employers, and will provide transportation for job interviews.

6. All employers must sign the Employer's Work Agreement Form which indicates the terms and rules of the resident's employment, prior to the resident reporting to work for the employer. The facility must explain the requirements contained in the Employer's Work Agreement to all approved employers. A copy of the signed form shall be kept on file for the duration of the resident's stay at the facility. The employer agrees to report any attendance irregularities to the facility immediately and record same.

7. The employer must agree to provide a work situation where he or his designee, preferably a supervisor, shall be present with the resident or at the work site at all times. Employment that does not provide for proper supervision of the resident and/or is deemed unsuitable by the facility director may be terminated.

8. The employer's responsibility to provide proper supervision for the resident extends from the time the employer receives the resident from facility personnel, either by picking him up at the facility or by having facility personnel transport the resident to the employer, and terminates when he returns the resident back to the facility personnel, either at the facility or to facility provided transportation. The ideal situation is for no resident to be unsupervised during the transportation process to or from an employment location. However, there may be a reasonable time (defined as less than an hour) allowed before work (when a resident is dropped off) and after work (when the resident is picked up) that he may be unsupervised.

9. Should the occasion arise and a resident is not picked up in a reasonable period of time, it must be noted on the transportation log with the reason why.

10. The facility is required to keep a list, which is updated weekly, of every employer who provides work for residents assigned to that facility. This list shall include but not be limited to the name and address of the employer, a brief description of the nature of the business, relevant telephone number(s) and whether or not work is performed at a stationary location or if the resident will be required to move during the course of the day.

11. If the resident's estimated time of return changes for any reason, this change must be verified by facility staff with the employer and noted in the permanent log.

H. Community Involvement

1. Community involvement and volunteers can be an important contribution to any program by providing a number of services to residents, as well as serving as a link between the facility and the community. Community resources should be obtained through referrals or by contract to provide residents with services to meet their needs.

2. Policies and procedures regarding citizen involvement shall be developed and volunteers shall be subject to approval by the facility administrator.

3. The facility shall have an advisory board that is representative of the community in which it is located that meets at least annually. The local Department of Public Safety and Corrections Probation and Parole Office, shall designate a staff person to serve on this board.

I. Resident Activities

1. Permanent Log

a. A permanent log shall be maintained which shall indicate when residents report to and leave work and shall list events, messages, telephone calls, unusual incidents, counts, meals, etc. This permanent log shall be maintained continuously by the careworker staff. All resident work schedules shall be verified by facility staff prior to the resident being logged out for work.

2. Resident Log

a. A daily resident log shall be maintained which shall indicate when residents leave and return to the facility for any reason. The resident shall sign out in the facility log book. Each entry shall include: residents' name; destination; phone number at destination; address at destination; time out; anticipated time of return; actual time of return; and the resident's signature upon return. The employee on duty shall initial each entry when the resident leaves the facility and when he returns. A clock with the correct time shall be visible to both the resident and the employee and shall serve as the official timepiece. This daily resident log will begin at 12 midnight and cover a 24 hour period.Resident logs shall be kept on file for at least three years.

b. Random pat searches shall be conducted in such a manner so as to discourage the introduction of contraband into the facility. Random pat searches and alcohol breath tests shall be administered by a staff member to the resident population each day as they return to the facility. All searches and breath tests shall be entered on the permanent log.

J. Resident Discipline

1. Residents assigned to the program shall comply with all rules and procedures set forth by the facility. Each resident shall receive a copy of the facility handbook and any other rules and regulations of the facility's program, including disciplinary procedures available to the staff, which the resident is required to read. The resident shall sign and date a statement acknowledging this, which is placed in his file.

2. All of the above shall be provided to the resident prior to his voluntary entry into the program.

3. The facility's disciplinary process shall be defined and provide appropriate procedural safeguards as outlined in the applicable ACA standards. The facility shall have a process for informal resolution of minor infractions of facility rules. Residents charged with major rule violations shall receive a written statement of the alleged violation(s), including a description of the incident and specific rules violated. The facility is responsible for ensuring that disciplinary reports are completed accurately and staff completing reports shall receive training on report writing. A supervisor shall review disciplinary reports prior to submission making certain essential elements (who, what, when, where, etc.) are covered with clarity. It is essential that reports be accurate as residents are subject to removal from the facility program for serious violations.

4. Restriction of Privileges

a. When residents are found guilty of a rule violation and are assessed penalties which restrict their privileges, the privileges which are restricted and the amount of time imposed shall be posted in a conspicuous place so that all staff members are aware of the restrictions. Under no circumstances shall privileges be restricted without a proper disciplinary report, a due process hearing and a finding of guilty. The denial of food shall not be used as a disciplinary measure.

b. The resident shall be allowed to appeal the disciplinary process. If they are not satisfied with the outcome of the appeal, they shall be allowed to appeal to the referring judicial agency.

K. Resident's Personal Funds

1. General

a. In keeping with the goals and objectives of the residential program, the facility shall ensure as much of the resident's earned net wages as possible are maintained and available to the resident immediately upon release.

b. Funds held on behalf of the resident shall be properly accounted for. The collection and disbursement of the residents' wages shall be in accordance with the provisions of R.S. 15:1111. The methods used for the receipt, safeguarding, disbursement and recording of funds shall comply with generally accepted accounting principles.

c. A ledger shall be maintained reflecting the financial status of each resident in the facility, and there shall be adequate documentation to support the receipt/expenditure of resident funds in each resident's official file.

d. Each facility shall engage in an independent financial audit of all funds received and held on behalf of residents at least every three years. The DPSC monitoring team visits or audits conducted by the DPSC Internal Audit Division shall not be considered an independent audit for this purpose. The cost of the independent financial audit shall not be paid from the resident trust account.

e. The resident trust account is subject to review or audit by the DPSC and/or the Office of the Governor, Division of Administration auditor at any time.

2. Management of Resident Funds

a. Bonding

i. The facility shall provide the department with certificates of bonding documenting coverage sufficient to safeguard the maximum amount of resident funds staff may be responsible for handling.

b. Resident Trust Fund Account Management

i. The balance in the resident trust account shall represent only the funds owed to the residents. Resident funds shall not be used for other purposes (i.e., pay operational expenses) or be commingled with other bank accounts. Likewise, the trust account shall not be used to maintain other monies, such as for resident organizations, seized contraband, investments or a "slush" fund.

(a). Start up costs for each new resident shall not be paid from the resident trust account. These costs shall be paid from the facility's operating fund account, to be reimbursed by the resident once the resident begins receiving wages.

(b). The resident trust account cash balance shall be maintained at the appropriate balance to cover each resident's account balance.

(c). Signers on the resident trust account shall be an employee or other legal stakeholders of the facility. The number of signers on the account shall not exceed three people.

(d). The resident trust account shall not be a "sweep account" or used in conjunction with "sweep accounts."

(e). On a monthly basis the following actions must occur:

(i). transfer out any interest earned on the Trust account. The interest earnings are property of the facility. Such interest earnings may be used to help defray administrative costs and to provide for other expenditures which will benefit the resident population;

(ii). transfer out amounts owed by residents for the daily room and board per diem;

(iii). transfer out amounts owed by residents to vendors to be paid from the operating account or pay the resident's expenses directly from the trust account;

(iv). reimburse trust account for expenses for bank service charges/fees (including fees for check orders) from the facility's operating fund account;

(v). reimburse trust account from the facility's operating fund account for any negative resident balances being paid with trust fund money. Residents who are allowed to spend more money than their current balance cannot use trust account funds to pay their debts; therefore, it becomes an operational expense;

(vi) provide a detailed statement of account balance to the resident in a confidential manner;

(vii) reconcile the trust account after receipt of the monthly bank statement:

[a]. add all deposits and deduct all withdrawals to each individual ledger to determine each resident's current balance;

[b]. total current month's positive balances for all resident ledgers, including balances carried forward from previous months which have had no transactions in the current month;

[c]. compare this total to the reconciled bank balance;

[d]. investigate and resolve any discrepancies between the bank and the resident ledger.

3. Income and Wages Received

a. The facility shall ensure employers adhere to the signed employer's work agreement by verifying rates of pay, hours worked and pay received by the resident for each pay period worked.

b. The facility shall ensure that the resident is paid by the employer by either a manual check sent directly to the facility or direct deposit to the resident trust account at the facility.

c. Residents shall not be allowed to receive payment from the employer via a pay card (pre-paid credit and/or ATM card) issued to the resident.

d. The facility shall process all personal funds received on behalf of the residents, issue pre-numbered receipts for funds and post receipts to the resident's account indicating receipt number.

e. Funds received shall be deposited daily (within 24 hours with the exception of weekends and holidays) into a fiduciary account held in trust for the residents and designated specifically as "Resident Trust Account." Credits shall be posted to the resident ledger within two business days.

f. Sensitive banking transactions involving the facility banking information and resident shall be handled directly between the facility and the employer, not between the resident and the employer.

4. Expenses and Withdrawals

a. All withdrawals or expenditures by a resident shall be documented by a withdrawal request form, signed and dated by the resident and document approval or denial of request by facility personnel. Withdrawals/expenditures shall be posted to the resident ledgers at least weekly with an adequate description relating to all transactions.

b. As one of the goals of a judicial agency referral residential program is to provide residents with the opportunity to accumulate savings as they prepare for reentry, facility managers have a fiduciary responsibility to set limitations on spending to maximize the potential savings of a resident.

c. Facilities shall develop procedures that set limitations and/or spending limits on resident purchases from canteen/commissary operations that encourage the resident to maximize on the opportunity to accumulate savings prior to release from the program.

5. Deductions

a. Residents shall be charged a daily rate not to exceed $62.50 per day for services provided by the facility which includes room and board, transportation, education and all other necessary services. Medical and mental health services may be the responsibility of the resident. However, a lack of funds shall not interfere with the resident receiving these services. The resident shall not be charged for any additional costs other than those authorized in this document. Documentation of all deductions shall be maintained in each resident's file.

6. Other Deductions Allowed

a. Allowance. The facility shall develop procedures to determine the weekly allowance needed for incidental personal expenses in accordance with provisions in this Chapter. Residents should be encouraged to refrain from unnecessary purchases in order that they may be able to accrue savings to be available to them upon completion of the program.

b. Support of the Resident's Dependents. The resident and facility shall mutually agree upon the amount to be sent to dependents. This agreement and authorization shall be in writing.

c. Legal Judgments. If there is a legal judgment of support, that judgment shall suffice as written authorization to disburse the money.

d. Payment of the Resident's Obligations. Debts acknowledged by the resident shall be in writing or reduced to judgment (including victim restitution) and shall reflect the schedule by which the resident wishes the debt to be repaid. The facility shall ensure that payment of this type debt is legitimate.

e. Canteen/commissary items shall be priced at a reasonable cost to residents. Contractors that operate a canteen shall provide to the facility administrator a list of canteen items sold and the price list of the cost of the item to the resident.

L. Sexual Assault and Sexual Misconduct

1. Prohibited Conduct-Sexual Contact between Staff, Civilians and Residents

a. There is no consensual sex in a custodial or supervisory relationship. Any sexual assault, sexual misconduct or sexual coercion between staff, civilians and residents is inconsistent with professional, ethical principles and department regulations. Acts of sexual assault, sexual misconduct or sexual coercion by staff or civilians against residents under their supervision is a violation of R.S. 14:134 et seq., subject to criminal prosecution. Retaliation against individuals because of their involvement in the reporting or investigation of sexual assault, sexual misconduct or sexual coercion is strictly prohibited.

2. Facility Policy

a. The facility shall have written policies and procedures for the prevention, detection, response, reporting and investigating of alleged and substantiated sexual assaults. Facility investigative reports of such allegations shall be submitted to the judicial agency which referred the resident to the facility.

M. Department of Public Safety and Corrections Facility Access

1. Compliance Monitoring

a. In accordance with R.S. 40:2852, all judicial agency referral residential facilities shall be regulated by rules adopted and enforced by the Department of Public Safety and Corrections for the operation of such facilities. In order to fulfill this mission, the department must have the ability to inspect the facility on a scheduled or random basis. The inspections shall include but not be limited to: review of ACA files; review of log books; resident employment status; quality of life issues; resident financial information and any information necessary to ensure compliance with both ACA standards and the standard operating procedures for judicial agency referral residential facilities.

2. Access to DPSC Staff

a. The Division of Probation and Parole shall have access as necessary to any residents on probation in the program to ensure compliance with conditions of probation. This includes the need for regular contacts, random drug screening and any other duties necessary to determine that the resident is abiding by the conditions of their probation.

b. The DPSC shall have access to the facility at any time.

N. Probation and Parole Referrals

1. All judicial agency referral residential facilities receiving offenders referred by the Division of Probation and Parole shall be accountable to the judicial courts for probationers and the Committee on Parole for parolees. At the time of referral, the facility shall be provided with the information necessary to ensure the offender is advised of the required conditions of supervision, including monetary obligations to which the facility will be held accountable. The facility shall aid in providing the services necessary for the offender to continue the conditions of supervision and to ensure the monetary obligations are followed and met. The facility shall also be provided with the offender's medical summary (including the date of the offender's last TB test), if available. The facility's health care administrator shall review the summary and determine if the offender is medically suitable for participation in the program.

2. Should the facility be unable to provide the offender with adequate support necessary for the offender to fulfill the required conditions of supervision ordered by the court/Committee on Parole and the monetary obligations to the facility, the facility shall notify the appropriate probation and parole district office immediately and in writing, detailing the issues relating to either the inability on the part of the offender or the facility to fulfill the conditions of supervision. Probation and parole shall notify the court/Committee on Parole in order that a decision can be made regarding the offender's compliance with the ordered conditions and continuation in the program.

3. The appropriate probation and parole district office shall monitor the progress of offenders in the facility to ensure their safety and well being. Probation and parole staff shall be allowed to have access to the facility in order to interview offenders at all times, including nights and weekends. All such visits shall be logged in a logbook dedicated specifically for probation and parole monitoring visits and shall include the date, time in, time out and the offenders interviewed. Any specific concerns discovered during the contact should be discussed with the facility director.

4. Within 14 days of admission, the facility shall provide the appropriate probation and parole district office with each offender's personalized program plan, which shall address all conditions of probation or parole. The facility shall also provide the appropriate probation and parole district office with any changes or updates to the offender's personalized program plan. The facility shall ensure that an estimated date for completion of the program is included in all personalized program plans. Additionally, the facility shall provide written documentation of an offender's progress with their personalized program plan to the appropriate probation and parole district office every 30 days or upon request.

5. In reference to employment, all probationers and parolees must maintain employment while in the program. Probationers and parolees must be employed as soon as possible. Should an offender remain unemployed longer than 45 days of entering the program or be terminated by their employer, the appropriate probation and parole district office shall be notified. Probation and parole staff shall have the ability to speak with employers regarding offender progress and also meet with offenders at their job site if necessary. However, the visit should be unobtrusive to the work flow of the employer's operations.

6. No probationer or parolee shall be allowed to travel out of the state of Louisiana without the written consent of the offender's probation and parole officer. Offenders residing off facility grounds shall be contacted by facility staff daily. The contact must be face-to-face and be conducted at the location where the offender is residing.

7. The facility is responsible for all travel by an offender to and from the facility. All offenders shall be required to make all court appearances as ordered by the court/Committee on Parole. Appropriate written notification of such appearances shall be furnished to the facility within two weeks of the scheduled appearance or when the probation and parole officer becomes aware of the hearing. The facility shall be responsible for transporting the offender for court/Committee on Parole appearances.

8. The maximum amount of time a parolee can reside in a facility is six months, unless a longer period is approved by the Committee on Parole. The maximum amount of time a probationer can reside in a facility is one year, unless a longer period is approved by the court. These time periods shall begin the first day the offender physically arrives at the facility.

9. The appropriate probation and parole district office shall be notified immediately of any unusual incident involving a probationer or parolee, including but not limited to, an arrest, an escape, an injury or removal from the program for rule violations. In addition, the appropriate law enforcement agency shall be notified immediately of any escapes or other criminal activity by an offender under probation and parole's supervision.

10. Prior to an offender being released, the appropriate probation and parole district office shall be notified of the release date in writing. The facility shall advise the offender to report to the assigned probation and parole officer within 48 hours after release. The facility must obtain an updated address and telephone number from the offender prior to release and provide this current information to the probation and parole officer. The offender should never be released without an address. If the offender should be unable to give a current residence address, the appropriate probation and parole district office shall be notified immediately.

La. Admin. Code tit. 22, § I-1303

Promulgated by the Department of Public Safety and Corrections, Corrections Services, LR 37:1408 (May 2011), amended LR 38:2933 (November 2012).

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