Louisiana Administrative Code
Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT
Part IX - Sentencing Commission
Subpart 1 - Felony Sentencing Guidelines
Chapter 2 - Determining Sentences Under the Sentencing Guidelines
Section IX-215 - Concurrent and Consecutive Sentences
Universal Citation: LA Admin Code IX-215
Current through Register Vol. 50, No. 9, September 20, 2024
A. Factors to be Considered
1. The sentencing court may impose either
concurrent or consecutive sentences in cases where a defendant has been
convicted of two or more offenses. In determining whether to impose either a
concurrent or a consecutive sentence, the court should consider aggravating and
mitigating circumstances which may be present.
2. If two or more criminal acts are based on
the same act or transaction, or constitute parts of a common scheme or plan,
concurrent sentences should be imposed.
3. In all other cases, concurrent or
consecutive sentences should be supported by appropriate factors. If a
consecutive sentence is imposed, the court shall state for the record the
factors considered and the reasons for imposition of a consecutive
sentence.
4. If statutory law
requires that a sentence be imposed either concurrently or consecutively, the
sentences must be imposed in the manner prescribed by law.
B. Procedure for Imposing Concurrent Sentence. If the court finds that concurrent sentences should be imposed, the following procedures apply.
1. Concurrent
Sentences of Incarceration
a. A sentence is
imposed for each offense of conviction.
b. The sentence with the longest term of
incarceration shall set the term of incarceration.
c. Only one term of post-prison supervision
should be ordered. The length of the post-prison term should be determined by
the longest term of incarceration imposed.
2. Concurrent Intermediate Sanction Sentences
a. A sentence is imposed for each offense of
conviction.
b. The sentence with
the largest number of sanction units should determine the number of sanction
units available for the concurrent sentences.
C. Procedure for Imposing Consecutive Sentences. If the court finds that a consecutive sentence should be imposed, the following procedures apply to determine the base sentence range and the recommended sentence.
1. The base sentence
range is established by determining, from the appropriate cell in the grid, the
designated sentence range for the most serious offense of conviction. The most
serious offense is the offense with the longest statutory term of incarceration
or the offense with the longest term of incarceration within the designated
sentence range under the guidelines, whichever is greater.
2. After the base sentence range for the most
serious offense has been determined, the remaining offenses provide the
additional penalty to be imposed. No more than 50 percent of the minimum of the
grid range for each of the subsequent offenses for which the offender is being
sentenced should be added.
3. If
the offense from which the base sentence range is determined requires
imposition of a term of incarceration at hard labor, the entire term of
imprisonment imposed should be at hard labor.
AUTHORITY NOTE: Promulgated in accordance with R.S. 15:321-329.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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