Louisiana Administrative Code
Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT
Part XV - Public Defender Board
Chapter 7 - Trial Court Performance Standards
Section XV-753 - Sentencing Options, Consequences and Procedures

Universal Citation: LA Admin Code XV-753

Current through Register Vol. 50, No. 9, September 20, 2024

A. Counsel should be familiar with the sentencing provisions and options applicable to the case, including:

1. any sentencing guideline structure;

2. deferred sentence, judgment without a finding, and diversionary programs;

3. expungement and sealing of records;

4. probation or suspension of sentence and permissible conditions of probation;

5. the potential of recidivist sentencing;

6. fines, associated fees and court costs;

7. victim restitution;

8. reimbursement of attorneys' fees;

9. imprisonment including any mandatory minimum requirements;

10. the effects of "guilty but mentally ill" and "not guilty by reason of insanity" pleas; and

11. civil forfeiture implications of a guilty plea.

B. Counsel should be familiar with direct and collateral consequences of the sentence and judgment, including:

1. credit for pre-trial detention;

2. parole eligibility and applicable parole release ranges (if applicable);

3. place of confinement and level of security and classification criteria used by Department of Corrections;

4. eligibility for correctional and educational programs;

5. availability of drug rehabilitation programs, psychiatric treatment, health care, and other treatment programs;

6. deportation and other immigration consequences;

7. loss of civil rights;

8. impact of a fine or restitution and any resulting civil liability;

9. possible revocation of probation, possible revocation of first offender status, or possible revocation of parole status if client is serving a prior sentence on a parole status;

10. suspension of a motor vehicle operator's permit;

11. prohibition of carrying a firearm; and

12. other consequences of conviction including but not limited to, the forfeiture of professional licensure, the ineligibility for various government programs including student loans, registration as a sex offender, loss of public housing and the loss of the right to hold public office.

C. Counsel should be familiar with the sentencing procedures, including:

1. the effect that plea negotiations may have upon the sentencing discretion of the court;

2. the availability of an evidentiary hearing and the applicable rules of evidence and burdens of proof at such a hearing;

3. the use of "victim impact" evidence at any sentencing hearing;

4. the right of the defendant to speak prior to being sentenced;

5. any discovery rules and reciprocal discovery rules that apply to sentencing hearings; and

6. the use of any sentencing guidelines.

D. Where the court uses a pre-sentence report, counsel should be familiar with:

1. the practices of the officials who prepare the pre-sentence report and the defendant's rights in that process;

2. the access to the pre-sentence report by counsel and the defendant;

3. the prosecution's practice in preparing a memorandum on punishment; and

4. the use of a sentencing memorandum by the defense.

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:142, 147 and 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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