La. Admin. Code tit. 22, § I-798 - Lost Property Claims [Formerly Section 389]

A. The purpose of this Section is to establish a uniform procedure for handling "Lost Property Claims" filed by individuals in the custody of the Department of Public Safety and Corrections, Corrections Services. All wardens and superintendents are responsible for implementing and advising offenders and affected employees of its contents.

1. When an offender suffers a loss of personal property, he may submit a claim to the warden/superintendent. The claim should be submitted on the attached Form A. The claim must include the date the loss occurred, a full statement of the circumstances which resulted in the loss of property, a list of the items which are missing, the value of each lost item, and any proof of ownership or value of the property available to the offender. All claims for lost personal property must be submitted to the warden/superintendent within 10 days of discovery of the loss.

a. Under no circumstances will an offender be compensated for an unsubstantiated loss, or for a loss which results from the offender's own acts or for any loss resulting from bartering, trading, selling to, or gambling with other offenders.

2. The warden/superintendent, or his designee, will assign an employee to investigate the claim. The investigative officer will investigate the claim fully and will submit his investigation report and recommendation to the warden/superintendent, or his designee.

3. If a loss of offender's personal property occurs through the negligence of the institution and/or its employees, the offenders claim may be processed in accordance with the following procedures.

a. Monetary

i. The warden/superintendent, or his designee, will recommend a reasonable value for the lost personal property as described on Form A. The maximum liability for certain classes of items is established at $50 per Department Regulation Number 30-22.

ii. Forms B and C (copies attached) will be completed and submitted to the offender for his signature; and

iii. The claim will then be submitted to the Office of the secretary for review and processing.

b. Nonmonetary

i. The offender is entitled only to state issue where state-issued items are available;

ii. the warden/superintendent, or his designee, will review the claim and determine whether or not the institution is responsible;

iii. Form B will be completed and submitted to the offender for his signature; and

iv. Form C will be completed and submitted to the offender for his signature when state issue replacement has been offered.

4. If the warden/superintendent, or his designee, determines that the institution and/or its employees are not responsible for the offender's loss of property, the claim will be denied, and Form B will be submitted to the offender indicating the reason. If the offender is not satisfied with the resolution at the unit level, he may indicate by checking the appropriate box on Form B and submitting it to the ARP screening officer within five days of receipt.

5. It is only necessary that the offender check the box indicating "I am not satisfied," date, sign, and forward to the ARP screening officer. The ARP screening officer will provide the offender with an acknowledgment of receipt and date forwarded to the secretary's office. The institution will provide a copy of the offender's original Lost Personal Property Claim (Form A) and Lost Personal Property Claim Response (Form B) and other relevant documentation for submission to the secretary.

Notes

La. Admin. Code tit. 22, § I-798

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.