La. Admin. Code tit. 22 § IX-403

Current through Register Vol. 50, No. 11, November 20, 2024
Section IX-403 - Tables for Determining Designated Sentence
A. Sentencing Guidelines Grid

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B. Diagram of Sanction Zones in the Designated Sentence Range Grid
C. Intermediate Sanction Exchange Rate Table

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D. Using the Intermediate Sanction Exchange Rate Table
1. The purpose of Intermediate Sanction Exchange Rates is to provide the court maximum flexibility in fashioning appropriate sentences utilizing intermediate sanctions. Intermediate sanctions are intended for offenders convicted of less serious and nonviolent offenses who do not have an extensive prior criminal history. In addition to punishment, intermediate sanctions may be fashioned in several ways to meet the needs of society, the victim, and the defendant. Use of the Intermediate Sanction Exchange Rate Table preserves uniformity in the amount of punishment imposed on offenders with similar criminal history, circumstances, and offense of conviction.
2. Goals of Intermediate Sanction Exchange Rates. In fashioning an intermediate sanction sentence, the sentencing court should consider the following goals:
a. proportionality of the sanction imposed to the offense of conviction and the offender's prior criminal record;
b. restoration of the victim as nearly as possible to pre-offense condition;
c. specific deterrence of the offender from future criminal conduct;
d. rehabilitation of the offender;
e. maximizing the degree to which the offender is held responsible for the costs and conduct associated with the sanction.
3. Use of the Intermediate Sanction Exchange Rate Table
a. The table should be used when the designated sentence range is located in the grid within the intermediate sanction zone, i.e., all cells below the shaded area, or when it is located in the discretionary sanction zone, i.e., all cells in the shaded area, and the court decides to impose an intermediate sanction.
b. The table may be used by analogy when the court decides that an incarceration sanction zone, i.e., all cells above the shaded area, case is sufficiently mitigated to warrant a departure to an intermediate sanction. In such cases, the commission makes no specific recommendation concerning the appropriate sentence.
c. For each cell in the discretionary or intermediate sanction zone, a designated sentence range of sanction units is provided for use with the table. The court may impose any combination of intermediate sanctions for which the total sanction unit score falls within the range provided in the appropriate cell. Sentences which fall within the sanction unit score range do not require additional justification.
d. Intermediate sanctions are divided into four levels. The sanction unit value is the same for all sanctions within a level. Each specific sanction has a duration attached to it which corresponds to the amount of sanction units specified for that level. The ranges of duration included with each specific sanction are intended to give the court additional flexibility in fashioning an appropriate intermediate sentence.
E. Intermediate Sanction Definitions

Adult Education - any program of adult education certified by the Louisiana Department of Education. Examples of adult education programs include any program of adult education leading to the High School Equivalency Diploma certified by the Louisiana Department of Education or literacy programs (reading/writing) certified by the Louisiana Department of Education. College programs qualify as adult education if offered by an accredited college or university. For an adult education program of any type to qualify for sanction unit credit, it must be ordered by the court. To receive credit for participation in a particular 20 hours of adult education, the offender must have successfully completed all 20 hours of the program; that is, attended all scheduled sessions and completed all work required by the program.

Community Service - a sanction where an offender is required to work without pay for a designated number of hours, normally for public or private non-profit organizations. To receive credit, the offender must have successfully worked the full 20 hours.

Day Reporting - a program in which offenders are required to report in person to the Sheriff's Office, Police Department, Division of Probation and Parole, or a special day reporting center, as designated by the court, or to an individual designated by the court. The offender will be monitored throughout the day by various forms of random checks. The sanction unit credits are earned by reporting and being subjected to the monitoring and control system. Other program participation, which may be part of a special day reporting center's operation, are considered to be separate sanctions for which additional sanction unit credit is given. For example, additional sanction unit credits should be given for participation in a drug monitoring program which may be offered by a drug treatment center which has been designated by the court for day reporting.

Drug Monitoring - a procedure to determine that an offender remains drug-free while in the community. Drug monitoring is a separate sanction when required as a condition of probation, but not when it is part of a treatment program for which the offender is already receiving sanction unit credit. To qualify as a drug monitoring sanction, the program must:

a. be ordered by the court, and not included as a routine part of a treatment program for which the offender is also receiving sanction unit credit;
b. utilize a generally accepted method of drug monitoring or testing, such as urine testing, blood testing, hair testing, anabuse monitoring, or any drug monitoring or testing program utilized by the Division of Probation and Parole, Louisiana Department of Public Safety and Corrections;
c. require at least one unannounced (randomly scheduled) test per 30-day period;
d. have clearly defined consequences resulting from testing positive for drug use.

If ordered to participate in a drug monitoring program, an offender should receive sanction unit credit only if he or she remained drug-free for a 30-day period. Anabuse, when associated with anabuse monitoring program, qualifies as a drug monitoring program.

Economic Sanction - any economic sanctions imposed on an offender including fines, costs, and restitution. The amount of sanction unit credit for the economic sanction is based on the percentage of the offender's average gross monthly income which may be necessary to pay the economic sanctions imposed by the court. Ten sanction units are earned by payment of an economic sanction or sanctions amounting to the offender's average gross monthly income. If the fine, costs, or restitution do not correlate directly with the offender's average gross monthly income, an appropriate addition or reduction of the units by the equivalent percentage may be necessary. For example, if an offender with an average gross monthly income of $10,000 is ordered to pay $1,000 in fines, costs, and restitution, only one sanction unit should be given. Likewise, in such case, if the offender's average gross monthly income was only $1,000, ten sanction units should be given.

Halfway House/Community Rehabilitation Center - a nonsecure residential facility for offenders. Nonsecure means that the facility lacks physical restraints designed to prevent offenders from departing without permission, such as bars on the windows. Halfway house may provide staff 24 hours per day to insure that all rules are followed.

Home Incarceration - a sanction which restricts an individual to his or her residence for specific periods of time. Typically, an offender would be permitted to leave his or her home only for employment, medical needs, or such mandated assignments as community service. While home incarceration does not require electronic monitoring as a necessary element, some method of monitoring is required to assure compliance.

Intensive Supervision - participation in the intensive parole supervision programs as defined and implemented by the Department of Public Safety and Corrections or Sheriff under R.S. 15:574.4 and 574.5 or satisfaction of more restrictive probationary conditions than those customarily imposed, such as multiple weekly unannounced visits by the supervising officials, abiding by curfew, or refraining from use of alcoholic beverages. Any other intensive supervision which incorporates all of the major elements contained in the state program may be used if approved by the court.

Jail - incarceration not in custody of the Department of Public Safety and Corrections. If the court desires to sentence an offender to less than one month of jail time, the offender should receive a proportionate reduction in the number of sanction unit credits. When jail is used as an intermediate sanction, sanction unit credit is based on the number of days or months which the offender will actually serve, deducting the amount of anticipated good time credit which the offender will earn if he serves his sentence on good behavior.

Loss of Privilege - a sanction which occurs whenever a court removes an individual's permission to exercise a privilege. Examples include the suspension or revocation of a driver's license, suspension of a license to practice medicine, or to work as a pharmacist. A loss of privilege sanction should generally be related to the offense serving as the basis of the conviction. The loss of privilege due to administrative action, without the order of the court, does not receive sanction unit credit. In order to receive credit for a loss of privilege for 90 days, an offender must not violate the order of the court relative to the privilege during the entire 90 day period.

Periodic Incarceration - a sanction of incarceration served in segments, as opposed to continuous confinement. An example of periodic incarceration is a sentence of 10 days incarceration to be served on five consecutive weekends.

Prison - incarceration in custody of the Department of Public Safety and Corrections. When prison is used as an intermediate sanction, sanction unit credit is based on the number of days or months actually served.

Probation - supervision of the offender in the community under the standard conditions of probation set forth in the Code of Criminal Procedure. When an offender is required as a condition of probation to perform any additional intermediate sanction such as community service or payment of a fine, the additional sanctions should be counted as additional sanction units.

Shock Incarceration - programs which typically involve a short period of incarceration, during which offenders are subjected to boot camp-style discipline and intensive treatment, followed by a period of intensive supervision in the community. These programs are authorized by R.S. 15:574.4 and 574.5 and require approval of appropriate correctional officials for an offender to be admitted.

Treatment-Residential - treatment programs which are associated with treatment institutions, such as hospitals or detoxification centers, when the offender is treated as an in-house patient. In order to receive sanction unit credit for a residential treatment program.

a. The offender's participation in the program must be ordered by the court.
b. The offender must be treated as an in-house patient, i.e., the offender must participate in the residential aspect of the program.
c. The offender must have satisfactorily participated according to the rules of the specific program.

Treatment-Nonresidential - treatment programs which have no residential component, or treatment programs associated with treatment institutions where the offender is treated as an outpatient. Examples of non-residential treatment programs are drug counseling, alcohol counseling (including Alcoholics Anonymous), parenting counseling (in cases involving child abuse or neglect), aggressive behavior therapy, and various mental health programs. In order to receive sanction unit credit for a nonresidential treatment program, the program must be ordered by the court, and the offender must have satisfactorily participated according to the rules of the specific program.

Vocational/Technical Training - vocational/technical training programs which have been certified by the state of Louisiana. Sanction unit credit is given for successfully completing either 20 classroom hours or 80 hours of on the job training.

Work Release - a sanction that allows an offender to participate in a court-approved work release program. Such a program allows an offender to be released from incarceration to report for work for a specified period of time. Participation in the program requires approval of appropriate correctional officials. A participant must return to his place of incarceration at the end of his workday. An offender receives four sanction units of credit for each four week period in actual work release custody. He should receive one sanction unit for any week or portion thereof which is not part of a continuous four-week period.

La. Admin. Code tit. 22, § IX-403

Promulgated by the Office of the Governor, Commission on Law Enforcement and Administration of Criminal Justice, Louisiana Sentencing Commission, LR 18:50 (January 1992), amended LR 18:962 (September 1992), LR 19:893 (July 1993).
AUTHORITY NOTE: Promulgated in accordance with R.S. 15:321-329.