LAC 22:I.321. Ameliorative Penalty Consideration

A. Purpose—pursuant to Act No. 340 of the 2014 Regular Session, to provide a consistent and reliable decision-making process for assessing the risk of certain offenders to commit another crime if released from incarceration. This process shall also be designed to enhance the motivation of offenders to participate in the types of programming that are available to prepare them to return to the community successfully without further offense and victimization. B. Applicability—deputy secretary, undersecretary, chief of operations, regional wardens, wardens, sheriffs or administrators of local jail facilities, chairman of the Board of Pardons and parole and director of the office of information services. The deputy secretary and the chairman of the Board of Pardons and parole are responsible for the overall implementation, compliance and review of this regulation. Each unit head is responsible for ensuring that appropriate unit written policy and procedures are in place to comply with the provisions of this regulation. C. Policy. It is the secretary’s policy that the department shall accept the application of any offender who applies for ameliorative penalty consideration pursuant to Act No. 340 of the 2014 Regular Session. The offender’s application shall be reviewed for eligibility pursuant to R.S. 15:308 and those offenders found eligible for ameliorative penalty consideration shall be referred to the Committee on Parole for further consideration retroactive to August 1, 2014. D. Definitions ARDC Supervisor/Manager—a member of the records staff, whether employed at a state correctional facility or in the office of adult services at headquarters. 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. Eligibility Requirements 1. Refer to the list of crimes eligible for ameliorative penalty consideration for the list of crimes that are eligible for ameliorative penalty parole consideration for those offenders who were convicted or sentenced prior to June 15, 2001. 2. Pursuant to this regulation, an offender’s application is not eligible for consideration if there are any outstanding felony detainers or open warrants against the offender. F. Application Procedures 1. State Correctional Facilities a. Offenders housed in state correctional facilities who meet the eligibility requirements stated in Subsection E. shall complete an application for ameliorative penalty consideration and submit the application to the institution’s records office. b. Within 60 days of receipt of the application, the ARDC/supervisor manager or designee shall review the offender’s application to verify the offender’s eligibility for ameliorative penalty consideration. If the offender is ineligible for consideration the ARDC/supervisor manager or designee shall indicate the reason for ineligibility on the application and return a copy to the offender and the Committee on Parole. The original application shall be filed in the offender’s master record. c. If the offender is eligible for ameliorative penalty consideration, the ARDC supervisor/manager or designee shall forward the application and following documents to the Committee on Parole: i. post sentence and pre-parole reports (if available); ii. Louisiana risk need assessment II (LARNA II); iii. institutional progress report; iv. conduct record; and v. medical mental health and psychological assessment(s) and summary. 2. Local Jail Facilities a. The office of adult services shall ensure that an application for ameliorative penalty consideration is provided by the basic jail guidelines team leaders to the sheriff or administrator of each local jail facility within their region. b. Offenders who are housed in local jail facilities who meet the eligibility requirements stated in Section E. shall complete an application for ameliorative penalty consideration and submit it to the sheriff or administrator, who 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. Within 60 days of receipt of the application, OAS staff shall review the application to verify the offender’s eligibility for ameliorative penalty consideration. If the offender is ineligible for ameliorative penalty consideration, the reviewing staff member shall indicate the reason for ineligibility on the application form and the ARDC supervisor/manager or designee shall return a copy to the sheriff or administrator of the local jail facility (who shall notify the offender) and forward a copy to the Committee on Parole. The original application shall be filed in the offender's master record. d. If the offender is eligible for ameliorative penalty consideration, OAS staff shall forward the application and following documents to the Committee on Parole: i. post sentence and pre-parole reports (if available); and ii. Louisiana risk need assessment II (LARNA II). G. Records Maintenance. The department’s undersecretary, through the Office of Technology Services, shall implement a program to track the number of applications received, denied, approved for Committee on Parole consideration and the number of offenders granted or denied ameliorative penalty consideration. H. List of Crimes Eligible for Ameliorative Penalty Consideration (convicted or sentenced prior to June 15, 2001). Citation | Description 14:56.2(D) | Criminal damage of a pipeline facility 14:62.1(B) and (C) | Simple burglary of a pharmacy 14:69.1(B)(2) | Illegal possession of stolen firearms 14:70.1(B) | Medicaid fraud 14:82(D) | Prostitution 14:91.7(C) | Unauthorized possession or consumption of alcoholic beverages on public school property 14:92.2(B) | Improper supervision of a minor by parent or legal custodian 14:92.3(C) | Retaliation by a minor against a parent, legal custodian, witness or complainant 14:106(G)(2)(a) and (3) | Obscenity 14:106.1(C)(2) | Promotion or wholesale promotion of obscene devices 14:119.1(D) | Bribery of parents of school children 14:122.1(D) | Intimidation and interference in the operation of schools 14:123(C)(1) and (2) | Perjury 14:352 | Bribery of withdrawn candidates prohibited 14:402.1(B) | Taking of contraband to state owned hospitals 15:529.1(A)(1)(b)(ii), (c)(ii) | Sentences for second and subsequent offenses: certificate of warden or clerk of court in the state of Louisiana as evidence 15:1303(B) | Interception and disclosure of wire, electronic or oral communications 15:1304(B) | Manufacture, distribution, or possession of wire, electronic, or oral communication intercepting devices prohibited 27:262(C), (D) and (E) | Skimming of gaming proceeds 27:309(C) (Now 27:440) | Video draw poker crimes and penalties 27:375(C) | Unauthorized slot machines, etc. 40:966(B),(C)(1),(D),(E), (F),(G) | Penalty for distribution or possession with intent to distribute narcotic drugs listed in Schedule I; possession of marijuana, possession of synthetic cannabinoids 40:967(B)(1), (2), (3) and (4)(a) and (b) (F) (1), (2) and (3) | Prohibited acts-Schedule II 40:979(A) | Attempt and conspiracy 40:981 | Distribution to persons under age eighteen 40:981.1 | Distribution to a student 40:981.2(B) and (C) | Soliciting minors to produce, manufacture, distribute or dispense controlled dangerous substances 40:981.3(A)(1) and (E) | Violation of uniform controlled dangerous substances law; drug free zone C.Cr.P. Art. 893(A) | Suspension and deferral of sentence and probation in felony cases