La. Admin. Code tit. 22 § XV-1339
Current through Register Vol. 50, No. 11, November 20, 2024
Section XV-1339 - InsanityA. The attorney should be familiar with the procedures for determination of sanity at the time of the offense and notice requirements under the Louisiana Children's Code and other provisions of Louisiana law when proceeding with an insanity defense.B. If the attorney believes that the child client did not appreciate the consequences of his or her actions at the time of the offense, the attorney should consider filing for a sanity commission.C. The attorney should advise the child client that if he or she is found not delinquent by reason of insanity, the court may involuntarily commit the child client to the Department of Health for treatment. The attorney should be prepared to advocate on behalf of the child client against involuntary commitment and provide other treatment options such as outpatient counseling or services.D. The attorney should be prepared to raise the issue of sanity during all phases of the proceedings, if the attorney's relationship with the child client reveals that such a plea is appropriate.E. The attorney should be aware that the child client has the burden of establishing the defense of insanity at the time of the offense by a preponderance of the evidence.La. Admin. Code tit. 22, § XV-1339
Promulgated by the Office of the Governor, Public Defender Board, LR 37:2606 (September 2011), Amended LR 45410 (3/1/2019).AUTHORITY NOTE: Promulgated in accordance with R.S. 15:148