La. Admin. Code tit. 22 § I-789

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

Section I-789 - Sanctions [Formerly Section 379]

A. Sentences must fit the offense and the offender. An offender with a poor conduct record may receive a more severe sentence than an offender with a good conduct record for the same offense. Even so, serious offenses call for serious penalties. An offender who violates more than one rule or the same rule more than once during an incident may receive a permissible sanction for each violation. After a finding of guilt for a new violation, a previously suspended sentence may be imposed as well as a new sentence. State and federal criminal laws apply to offenders. In addition to being sanctioned by institutional authorities, offenders may also be prosecuted in state or federal court for criminal conduct. Restitution imposed in accordance with Department Regulation Number 30-41 is not a disciplinary penalty and may be assessed in addition to all other permissible penalties.

B. An offender who has established a documented pattern of behavior indicating that he is dangerous to himself or others is a habitual offender. This includes an offender who has been convicted of three major violations or a total of five violations in a six-month period. Major violations are Schedule B offenses and incident reports concerning escape, violence, strong-arming, theft, smuggling of contraband, or threats to security. A habitual offender may receive Schedule B penalties following conviction of a Schedule A offense when he has established a documented pattern of hostile or disruptive behavior as defined above.

La. Admin. Code tit. 22, § I-789

Promulgated by the Department of Public Safety and Corrections, Corrections Services, Office of Youth Development, LR 20:58 (January 1994).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:823.