La. Admin. Code tit. 22 § I-319

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

Section I-319 - Restoration of Good Time

A. Purpose-this department regulation states the secretary's policy regarding the restoration of previously forfeited good time for disciplinary violations for offenders who have demonstrated satisfactory progress in faithfully observing the disciplinary rules and procedures for adult offenders.

B. Applicability-deputy secretary, chief of operations, regional wardens, wardens, the sheriff or administrator of local jail facilities and the director of the office of information services. Each unit head is responsible for ensuring that appropriate unit written policies and procedures are in place to comply with the provisions of this regulation.

C. Policy. It is the secretary's policy to strengthen the department's commitment to an offender's successful reentry efforts by implementing positive rewards for offenders who have demonstrated improved institutional behavior.

D. Definitions

ARDC Supervisor/Manager-a member of the records section staff, whether employed at a state correctional facility or in the office of adult services at headquarters.

Major Rule Violation-an offense identified as a

schedule B offense in 341 of this Part.

Minor Rule Violation-an offense identified as a

schedule A offense in in 341 of this Part.

Unit Head-the head of an operational unit, specifically, the warden or sheriff or administrator of a local jail facility or transitional work program.

E. General Procedures

1. Any offender who has received a forfeiture of good time as a result of disciplinary action shall be eligible to be considered for restoration of previously forfeited good time when the following requirements are met:

a. The offender has not been found guilty of a major rule violation for a period of at least 24 consecutive months since the last date of forfeiture; and

b. The offender has not been found guilty of a minor rule violation for a period of at least six consecutive months since the last date of forfeiture; and

c. The forfeited good time was not result of a violation of Rule #8, Escape or Attempted to Escape, (see §341.I of this Part) or from any rule violation imposed as a result of battery of an employee, visitor, guest, or their families.

2. Restoration of previously forfeited good time may be in part or in full, but shall not exceed 540 days during an offender's instant term of incarceration nor the total amount of good time forfeited during an offender's instant term of incarceration.

3. Revocation from Supervision: The amount of good time that may be restored to offenders previously released on parole or good time parole supervision and then subsequently returned to custody as a parole violator, shall be limited to the amount of good time earned during the instant term of incarceration and shall not exceed 540 days. Time spent in custody prior to release on parole or good time parole supervision shall not apply toward the 24 consecutive month period required for the review of major rule violations or to the six consecutive month period required for the review of minor rule violations.

4. In addition to the ordinary evaluation procedures, the consideration of the restoration of good time previously forfeited due a Rule #1 and/or Rule #21 violation(s) (see §341.I of this Part) shall include a thorough evaluation of the underlying circumstances which lead to the Rule #1 and/or Rule #21 violation(s) (see §341.I of this Part).

5. At any time during the offender's instant incarceration, the Department may void or adjust the amount of good time restored during the offender's instant incarceration if the restoration calculation was either inaccurate or inconsistent with the provision in the regulation.

6. Under no circumstances shall an offender's restoration of previously forfeited good time, restored under the provisions of this regulation, cause an offender to be considered overdue for release at the time of approval of the restoration of good time.

7. If an offender's application for restoration of good time is denied or approved in part, the offender may reapply for reconsideration six months from the date of the original application, unless the offender has already received the maximum amount of good time restoration allowable under the provisions of this regulation.

8. Decisions regarding applications for restoration of good time are final and cannot be appealed through the department's administrative remedy procedure.

F. Review and Outcome Process

1. State Correctional Facilities

a. Offenders housed in state correctional facilities who meet the eligibility requirements for consideration in Subsection E of this Section may complete an application for restoration of good time and submit the application to the facility's records office.

b. The ARDC supervisor/manager or designee shall review the offender's application and disciplinary record to verify the offender's eligibility for restoration of forfeited good time. (If the offender is ineligible for restoration of forfeited good time, the ARDC supervisor/manager shall indicate the reason for ineligibility on the application form and return a copy to the offender. The original application shall be filed in the offender's master record.) If the offender is eligible for restoration of forfeited good time, ARDC supervisor/manager shall indicate the number of days eligible for restoration on the application for restoration of good time. Upon completion, the ARDC supervisor/manager shall forward the offender's application to the warden or designee for consideration.

c. The warden or designee (warden's designee shall be an assistant warden or higher) shall review the offender's application and verification of eligibility. The warden or designee may deny, approve in full, or approve in part the offender's application for restoration of good time. When reviewing the application, the warden or designee shall consider the offender's participation or failure to participate in rehabilitative programs, if such programs are available and warranted. If approved, the ARDC supervisor/manager or designee shall restore the amount of good time approved by the warden subject to the requirements set forth in Paragraph E.3. of this Section. A copy of the approved application, as well as a copy of the revised master prison record shall be sent to the offender. The originals shall be filed in the offender's master record.

d. If the application is denied, the ARDC supervisor/manager or designee shall provide a written reason on the application for restoration of good time and provide a copy to the offender (including the justification(s) for denial). The original application shall be filed in the offender's master record.

2. Local Jail Facilities

a. The office of adult services shall ensure that an application for restoration of good time provided by the basic jail guidelines team leaders to the sheriff or administrator of each local jail facility within their region on an annual basis.

b. Offenders housed in local jail facilities who meet the eligibility requirements stated in Subsection E of this Section. who wish to apply for restoration of previously forfeited good time, shall complete an application for restoration of good time and submit it to the sheriff or administrator of the jail where the offender is housed, who shall forward all completed applications to the chief of operations at headquarters. The sheriff or administrator of the jail shall verify that the offender meets the requirements to apply and, if so, shall forward the completed application to the chief of operations at headquarters.

c. The chief of operations shall designate OAS staff to review the offender's application and disciplinary record to verify the offender's eligibility for restoration of forfeited good time. (If the offender is ineligible for restoration of forfeited good time, the reviewing staff member shall indicate the reason(s) for ineligibility on the application form and return a copy to the sheriff or administrator of the local jail facility; and the sheriff or administrator shall notify the offender. The original application shall be filed in the offender's master record). If the offender is eligible for restoration of good time, the number of days to be restored shall include consideration of the offender's participation or failure to participate in rehabilitative programs (if available at the local jail facility). If the offender is eligible for restoration of forfeited good time, the reviewing staff member shall indicate the number of days eligible for restoration on the application for restoration of good time. Upon completion, the reviewing staff member shall forward the offender's application to the chief of operations or designee for consideration.

d. The chief of operations or designee shall review the offender's application and verification of eligibility. The chief of operations or designee may deny, approve in full, or approve in part the offender's application for restoration of good time. When reviewing the application, the chief of operations or designee shall consider the offender's participation or failure to participate in rehabilitative programs, if such programs are available and warranted. If approved, the ARDC supervisor/manager or designee shall restore the amount of good time approved by the warden; and a copy of the approved application, as well as the revised master prison record, shall be sent to the offender. The originals shall be filed in the offender's master record.

e. If approved, an OAS ARDC supervisor/manager or designee shall restore the amount of good time approved by the chief of operations subject to the requirements set forth in Paragraph E.3. of this Section. A copy of the approved application, as well as a copy of the revised master prison record, shall be returned to the sheriff or administrator of the local jail facility; and the sheriff or administrator shall notify the offender. The originals shall be filed in the offender's master record.

f. If the application is denied, an OAS ARDC supervisor/manager or designee shall provide a written reason(s) on the application for restoration of good time and return the application (including the justification(s) for denial) to the sheriff or administrator of the local jail facility; and the sheriff or administrator shall notify the offender. The original application shall be filed in the offender's master record.

3. The amount of good time forfeited and restored shall be displayed on the offender management system master prison record screen. In addition to the current offender management system procedures in place regarding the maintenance of the amount of good time forfeited per offender, the office of data and information systems shall track the total amount of good time restored department wide pursuant to this regulation on an annual basis.

La. Admin. Code tit. 22, § I-319

Promulgated by the Department of Public Safety and Corrections, Corrections Services, LR 36:533 (March 2010), Amended LR 402268 (11/1/2014), Amended by LR 47891 (7/1/2021).

AUTHORITY NOTE: Promulgated in accordance with R.S. 49:953.