Louisiana Administrative Code
Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT
Part XV - Public Defender Board
Chapter 15 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency Proceedings-Post-Adjudication
Section XV-1507 - Preparing the Child Client for the Disposition Hearing
Universal Citation: LA Admin Code XV-1507
Current through Register Vol. 50, No. 9, September 20, 2024
A. In preparing for the disposition hearing, counsel should consider the need to:
1.
explain to the child client the nature of the disposition hearing, the issues
involved, the applicable sentencing requirements, disposition options and
alternatives available to the court, and the likely and possible consequences
of the disposition alternatives;
2.
explain fully and candidly to the child client the nature, obligations, and
consequences of any proposed dispositional plan, including the meaning of
conditions of probation or conditional release, the characteristics of any
institution to which commitment is possible, and the probable duration of the
child client's responsibilities under the proposed dispositional
plan;
3. obtain from the child
client relevant information concerning such subjects as his or her background
and personal history, prior criminal or delinquency record, employment history
and skills, education, and medical history and condition, and obtain from the
child client sources through which the information provided can be
corroborated;
4. prepare the child
client to be interviewed by the official preparing the predisposition report,
including informing the child client of the effects that admissions and other
statements may have upon an appeal, retrial or other judicial proceedings, such
as forfeiture or restitution proceedings;
5. inform the client of his or her right to
speak at the disposition hearing and assist the client in preparing the
statement, if any, to be made to the court, considering the possible
consequences that any admission to committing delinquent acts may have upon an
appeal, subsequent retrial or trial on other offenses;
6. when psychological or psychiatric
evaluations are ordered by the court or arranged by the attorney prior to
disposition, the attorney should explain the nature of the procedure to the
child client and the potential lack of confidentiality of disclosures to the
evaluator;
7. ensure the child
client has adequate time to examine the predisposition report, if one is
utilized by the court; and
8.
maintain regular contact with the child client prior to the disposition hearing
and inform the client of the steps being taken in preparation for
disposition.
AUTHORITY NOTE: Promulgated in accordance with R.S. 15:148
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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