La. Admin. Code tit. 22 § I-702

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

Section I-702 - Youth Offender Custody, Classification and Assignment [Formerly Section 308]

A. Purpose. To establish procedures for the assignment and reassignment of juvenile offenders disposed by the juvenile court to the custody of the Department of Public Safety and Corrections.

B. General

1. The assignment of juvenile offenders in the custody of the Department of Public Safety and Corrections shall be based upon a classification of the risks and needs presented by the offender. This classification shall be based upon ascertainable events and behaviors and shall be provided for all juvenile offenders in the custody of or supervised by the Department Public Safety and Corrections, Office of Juvenile Services.

2. The reassignment of offenders in agency custody shall be clearly based upon the documented needs of the offender and the risks presented and not solely upon the established duration of the treatment program.

3. The offenders and the offender's family or guardian shall be informed of the alternatives and outcomes of the assignment or reassignment and be included in the treatment/service plan.

4. Offender assignments and reassignments shall be accompanied by the offender classification, staffing and due process procedures specified below.

5. At all times the services provided the offender shall be part of a written treatment/service plan. Each offender's treatment/service plan shall be regularly reviewed as per OJS policy to assure that the most appropriate services are being provided, within the least restrictive setting available.

C. Definitions. The following definitions apply within the context of document.

Administrative Review - the process by which custody offenders reassigned to a higher level of nonsecure care may request a second level review of the reassignment.

Appeal - the process by which custody offenders may initiate a further review of the assignment decision to secure custody.

Assessment - the process of gathering the necessary social, legal, psychological, behavioral, and educational information about the juvenile offender to indicate the appropriate level of care and custody.

Assignment - the process of placing the custody offender in the available treatment program most appropriate to his/her indicated needs and risks.

Case Review - the process of reconsideration or verification that the custody offender's treatment is appropriate to meet the identified needs.

Classification - the process by which the juvenile offender is assessed relative to needs and risks presented.

Custody Offender - those juvenile offenders disposed to the custody of Department of Public Safety and Corrections by a court of juvenile jurisdiction.

Due Process Hearing - those administrative hearings conducted at the time of a custody offender's reassignment to secure levels of custody from previous nonsecure custody settings.

Levels of Care - the range of treatment services and programs available for custody offenders arranged on a scale from least restrictive to most restrictive.

Nonsecure Custody - includes services and programs available to custody offenders at all levels of care less restrictive than those provided in a secure custody setting.

Petition for Second Review by the State Level Review Panel - the process by which an offender in secure custody, whose referral for early release has been denied by the state level review panel, may request a second review by that panel.

Reassignment - the authorized move of a custody offender from one treatment program to another.

Reclassification - the process by which juvenile offenders have their needs and risk assessments reviewed and rescored based upon observable events and behavior.

Release - the termination, either by court order or expiration of a court order, of Department of Public Safety and Corrections, custody of a juvenile offender.

Secure Custody - that highest of the levels of care indicating a maximum (within law) restriction of a juvenile offender's rights, or freedoms.

Staffing - the process by which a team of professionals reviews, discusses, and plans, along with the offender, for best meeting the offender's identified needs.

State Level Review Panel - a multi-disciplinary team charged with the responsibility of reviewing requests from an offender's release from a juvenile correctional institution to a less restrictive placement and subsequently issuing a report indicating confirmation or rejections of the recommendation.

D. Minimal Procedural Requirements

1. Predispositional or disposition modification recommendations to the court concerning Department of Public Safety and Corrections custody of offenders.

a. In all cases, Office of Juvenile Services staff recommendations to the court for an offender to be placed in the custody of the Department of Public Safety and Corrections shall be preceded by a case staffing. Documentation of the staffing proceedings and final recommendations shall be maintained in the offender's case record. Recommendations for Department of Public Safety and Corrections custody of offenders not currently or previously having received services in the community shall be supported only by the most stringent circumstances of risk and/or need. The final committee recommendations shall be fully supported by information presented at the staffing and be included in the report to the court.

2. Offender Classification and Assessment

a. If the initial case staffing supports a recommendation for Department of Public Safety and Corrections custody, then the committee shall also conduct a classification staffing in order to determine the appropriate level of custody necessary to conduct a full assessment of the offender's risk and needs. The level of custody may be secure or nonsecure. All offenders served by the Office of Juvenile Services are classified as to their level of risk and need. This custody level decision shall be supported by the offender's risk and needs classification, by the available social and behavioral history, as well as by any previous history of treatment or supervision. Results of the classification staffing should be submitted to the court along with the earlier recommendation for custody.

b. For those offenders disposed to Department of Public Safety and Corrections custody without prior study and recommendation by Office of Juvenile Services staff, the classification staffing shall be held within 15 working days of disposition and receipt of all available information from the court, and except in cases of emergency before assignment of the offender to a program of treatment/services. In these cases a confirmation of the need for Department of Public Safety and Corrections custody must be considered in staffing prior to determining whether the offender requires a secure or nonsecure setting for assessment.

c. Offenders determined to require nonsecure custody for assessment, shall have diagnostic and evaluative information sought in the community. Diagnostic and evaluative assessment for offenders classified for secure custody will be provided at the Juvenile Reception and Diagnostic Center for males and at the Louisiana Training Institute at Ball for females. Upon completion of this assessment, an assignment staffing is held at the OJS Regional Office (for nonsecure) or at JRDC/LTI-Ball (for secure) in order to determine the need for a secure or nonsecure, setting for treatment. The location of the assessment, i.e., secure or nonsecure, shall in no way limit the assignment of offenders to either secure or nonsecure treatment settings.

3. Offender Assignment

a. Offenders in the custody of Department of Public Safety and Corrections whose classification and assessment indicate need for treatment services in a nonsecure custody setting shall be referred for placement at treatment facilities and programs appropriate to the level of care indicated. Assignment of offenders needing nonsecure care may be to facilities or programs ranging from in-home services to residential care and to hospitalization as treatment needs indicate. In all cases, assignment will be made to the least restrictive environment available and appropriate to address offender needs and risks as determined by a case staffing.

b. Following assessment at either JRDC (males) or LTI-Ball (females) the offender is assigned to the secure custody facility most appropriate to meet the offender's needs and risks. If following assessment, a clinical staffing at either of the diagnostic facilities determines that a secure custody setting is not able to address the offender's needs, a referral may be made to the director of the Division of Evaluation and Placement for placement in an alternate setting.

c. An appeal of a secure custody assignment is available as per procedures that follow this rule.

4. Case Review and Reclassification

a. All offenders disposed to Department of Public Safety and Corrections custody shall as a function of the case management process have developed an individual case plan. This case plan is developed in conjunction with the offender, his family and other resources to address those needs identified in the classification staffing. Periodic review of the case plan shall be provided as per OJS policy and procedure. As a function of this case review, the offender shall be reclassified. As a result of reclassification and staffing, the current assignment to a program for services at a particular level of care or custody may be changed. The offender could also be determined to be eligible for a recommendation for release from custody.

b. Case review and reclassification of custody offenders shall be accompanied in all instances by a staffing. Offenders being provided supervision by OJS staff and for whom reclassification indicates that agency custody should be pursued must be staffed and, if indicated, brought to court for action on this recommendation. Only the court can assign an offender to agency custody. Case review and reclassification of offenders in custody and assigned to nonsecure programs may result in a recommendation for release from custody. Such recommendation shall be made to the court for consideration and disposition. No offender shall be released from agency custody except by court order.

c. Offenders in agency custody and assigned to secure custody facilities may also be recommended for release following reclassification and staffing. In these cases, the recommendations for release shall first be made to the state level review panel (SLRP) for their concurrence. If the SLRP concurs with release recommendation, the assistant secretary must then approve making such a recommendation to the court.

d. Offenders considered for release but denied by the state level review panel may petition the panel for another review within 20 days of the denial if additional evidence/information is available to address the concerns reported by the panel. The petition for review must be signed by the superintendent. The OJS regional manager is notified of the petition for review.

e. Custody offender reassignments to higher or lower levels of custody and care may be undertaken by the agency following reclassification and staffing. The offender, family, court and other involved parties shall be notified of the reassignment within five working days of the reassignment. Such transfers shall be fully supported by information included in the reclassification and staffing and be documented in the case record. Reassignment of offenders in agency custody to a higher level of care in nonsecure custody settings may be effected by the agency upon the final staffing recommendations. The offender may petition the director of the DEP for administrative review of these transfers by submitting a request in writing within 72 hours of the notice of reassignment. The director of Division of Evaluation and Placement shall assign a staff member to fully review the case for recommendation to him within 10 working days. The director's decision is final. A face to face contact may be included in the administrative review at the discretion of the director.

f. Delinquent offenders in agency custody may be reassigned from nonsecure to secure custody settings based upon documented findings of reclassification and staffing. In all such cases, the offender shall be provided a full due process hearing as per departmental regulation within five working days of arrival at JRDC (males) or LTI-Ball (females).

E. Processes of Appeal and Review

1. Appeal of Custody Level

a. Available to offenders assigned to secure custody following assessment unless:

i. the presenting offense is classified among those of the highest severity in the OJS classification system; or

ii. the offender's initial classification custody score indicates a need for maximum custody.

b. Offender must notify the superintendent of the request for appeal in writing, within five working days of assignment.

c. Superintendent notifies OJS headquarters of the appeal request and schedules an appeal hearing.

d. A hearing officer assigned by OJS conducts an appeal hearing at the facility.

e. The offender is allowed to present information in his behalf and may be represented by someone of his choice; or will have a representative appointed by the superintendent.

f. The hearing officer considers the offender's statements and information as well as the information presented in the offender's case record and classification documents.

g. The hearing officer's decision is issued to the offender, his representative and the superintendent within five working days of the appeal hearing.

h. A second level appeal is available to the offender by submitting written notice of this request to the assistant secretary of OJS.

2. Administrative Review of Level of Care

a. Available to all offenders disposed by the court to the custody of the Department of Public Safety and Corrections, who, following a reclassification and staffing, are to be reassigned to a higher nonsecure level of care.

b. Upon receipt of written notice of the reassignment, the offender may choose to request an administrative review of that decision by:

i. submitting written notice of that request to the director of the Division of Evaluation and Placement (by way of the regional manager), within 72 hours;

ii. the director, upon receipt of the request for review, shall assign a member of his staff to fully review the case, the reclassification, and the reassignment decision;

iii. the director will issue his final decision to the offender and the regional manager within 10 working days of the receipt of the request for review, and his decision is final.

3. Due Process Hearings

a. Available to all offenders disposed by the court to the custody of Department of Public Safety and Corrections, who following a reclassification and staffing are:

i. recommended for reassignment from secure custody to the juvenile adjustment center; or

ii. recommended for reassignment to secure custody from a nonsecure program or facility.

b. For offenders in secure custody, upon receipt of the notice of a recommendation for reassignment to the juvenile adjustment center, the offender has a right to due process as provided in departmental regulation.

c. For offenders in nonsecure custody, a due process hearing as per departmental regulation shall be provided at JRDC (males) or LTI-Ball (females) within five working days of arrival following reassignment to secure custody.

4. Petition for Second Review by State Level Review Panel

a. Available to all offenders disposed by the court to the custody of Department of Public Safety and Corrections and residing in secure custody facilities/programs, who have had a recommendation for early release denied by the panel.

b. Upon receipt of the state level review panel's decision to deny a recommendation for early release, the offender may petition the panel for a second review by:

i. submitting the request for a second review to the chair of the state level review panel within 20 days; if:

(a). there is additional information available which directly relates to the reasons for denial cited by the panel in their decision; and

(b). the superintendent supports the petition and notifies the regional manager;

ii. the state level review panel will process second reviews within the constraints of established procedures and time-frames established for the panel.

La. Admin. Code tit. 22, § I-702

Promulgated by the Department of Public Safety and Corrections, Office of Juvenile Services, LR 14:27 (January 1988).

§703, Freon Recovery-Certification of Technicians and Recovery Equipment, has been moved to §717

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:711, R.S. 15:833, R.S. 15:893.1(B), and R.S. 15:1111.