Anyone know how to get a Louisiana Dept of Corrections prisoner moved from Calcasieu Parish to a DOC facility?

Is it weird that I heard a southern accent while I was reading your question? I always find those accents soothing.

Okay, it looks like your son is one of the inmates who was sent to a jail facility due to over-crowding in the state prison facilities. Of course, the jail lacks many of the amenities and privileges of the state prisons. It's a little like putting a rifle on an inflatable raft and calling it a battleship. No wonder your son doesn't like it there.

Surprisingly, the Department of Corrections does not care that your son can't do his art. Those heathens probably think "Dogs Playing Poker" on velvet is a masterpiece.

You have three courses of action here. Let's go through them one at a time:

1. Your son could request a transfer for hardship reasons. In order to do this he would need to claim that the facility is too far from home and is placing an undue burden on his family who wishes to visit him, but can't easily travel such a distance. This won't work if the prison he is in is really close to his home or the prison he wants to transfer to. It would also help if a member of his family is hindered from traveling distances due to a medical condition so start developing a limp, if you can.

2. Your son could argue that he is being denied his right to access educational programs that are only available at the other facility. If there is a specific educational program that he wants to join it would be helpful.

3. Your son could argue that he is not receiving adequate medical care at the facility where he is located. Title 22, Sec, 3, Ch. 9, SS 2909 requires them to provide him with access to care and treatment of any medical condition or ailment. This includes Hepatitis C which is classified as a communicable illness and failure to properly treat it could cause substantive damage to his liver and overall health over time. (These are important legal terms so take notes and use them liberally.)

By the way, Title 22, Sec. 3, Ch. 9, SS 2909, Item F requires that they grant him access to a physician within 48 hours if he requests to see one. Not a nurse or a Medical Technician Assistant, but an actual physician. Item F requires that he have access to dental care by an actual dentist.

Now you have two options for presenting either of these 3 arguments in a request for transfer:

1. He is required to receive one classification review per year. During the classification they consider his security level and placement. He is required to be present for this review and allowed to participate. He can wait for his next classification review and request a transfer on any one of the three reasons I mentioned. If they deny his request for transfer at classification, he can proceed to step 2, or he can skip waiting for classification and go directly to step 2.

2. He can file a request for transfer on any of the previously mentioned arguments through the Administrative Remedy Procedure. This is known as an ARP. ARP sounds like the noise those little yappy dogs make. I hate that. He can do this by requesting an ARP-1 form. If they do not have the forms available, he can simply write it on a regular piece of writing paper, but at the top it must state "This is a Request for Administrative Remedy." They are strict about that for some weird reason. The request should briefly detail his complaint and the remedy he is seeking. He should make a copy for himself because they are going to keep the original. A handwritten copy for his records will be fine, unless he has access to a nice Xerox machine, which I doubt. The guard must provide him with a manilla inter-office mail envelope in which he will place the request and address it to the warden. They will seal it for him.

Title 22, Sec. 1, Sub A, SS325 requires that the warden review his request and respond within 40 days. They will provide the response on this neat little ASP-2 form. If they deny his request, there is a space on that form for him to briefly write why he feels their reason for denial is invalid. He does not need to repeat his original argument since the original request is available to anyone who reviews this process. He must, however, respond within 5 days. He puts the form back into the mantilla envelope and addresses it to the Secretary of the Department of Public Safety and Corrections. (That's an awfully long title. How does he fit it on his business card?) They are required to respond within 45 days.

If his request is denied at this stage, he is entitled to file a lawsuit against the DOC seeking "specific action" (there is one of those important legal terms again). The DOC is required to supply him with the proper legal forms for doing this and give him access to the law library. They are also required to pay the filing fees for the lawsuit and all court costs. (Isn't that great? The DOC has to pay for the lawsuit against them.) His lawsuit should reference the ARP # that will be on his ARP-2 form.

So, there you have it. Good luck to you and I hope you found this to be helpful. I have included link to a Microsoft Word file that contains the complete text of the Title 22. It's a hefty thing with almost 300 pages, but it outlines every rule and regulation that applies to the Department of Corrections in Louisiana so I suggest you read it when you get a chance. It's not as good as a John Grisham novel, but it has its moments.

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I think your best option is to write to the Warden, or Ombudsman of the facility where your son is housed. They have the power to deny or allow his transfer, so the only way you can accomplish that is by being friendly and reasonable, no matter how hard that may be. You'll get much farther with these people using honey rather than vinegar, if you know what I mean. Also, make sure your son keeps his nose clean in there, and get him to write a letter as well, or request a meeting with the warden of the facility. Make sure that he goes through the chain of command though - for example, he may want to talk to the manager of his unit before going straight to the warden. Hope that helps. Good luck.

my husband has requested hardship transfer 3 times,he is 7 hours from home and his mother has died since the first 2 request.we have 3 children 1 with mental disabilities that make the travel hard as well as the cost.we even had a doc facility near home write a letter to accept him . they have never given him a proper denial how do we handle this matter