Rule 60.0 Compliance With Administrative Procedures in Actions Filed by Offenders/Prisoners
Title VI: Rules for Litigation Filed by Inmates | Chapter 60: Litigation Filed By Inmates
Rule Text
A. Any offender/prisoner, as defined in La. R.S. 15:1171–1179 (Corrections Administrative Remedy Procedure Act)(hereinafter “CARP”) or La. R.S. 15:1181–1191 (Prison Litigation Reform Act)(hereinafter “PLRA”), shall initiate and exhaust the Administrative Remedy Procedure established by the Department of Corrections or the parish sheriff, if available, before filing an appeal or suit subject to the CARP or the PLRA, whichever is applicable.
B. To show compliance with the law and this Rule, any suit or appeal filed by an offender/prisoner subject to the CARP or the PLRA shall have attached to the appeal or suit a copy of the final agency decision.
C. Self-represented offenders/prisoners in the custody of the Department of Corrections appealing a decision of the Department or prison administration in accord with the CARP shall use the form IJR–1, ‘‘Petition for Judicial Review,’’ available from the Department and the Clerk of Court for East Baton Rouge Parish, to apply for review of an administrative decision, excluding delictual actions for injury or damages. See Appendix 60.2.
D. The provisions of this section shall not apply to:
1. Appeals of judicial decisions;
2. Pending criminal matters;
3. Applications for post-conviction relief or habeas corpus applications attacking the petitioner’s conviction.
Amendment history: Adopted April 20, 2010, effective June 1, 2010; amended November 18, 2010, effective January 1, 2011; amended November 21, 2011, effective January 1, 2012.