La. Admin. Code tit. 22 § XV-1505

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-1505 - Obligations of Counsel Regarding Disposition

A. The child client's attorney should prepare for a disposition hearing as the attorney would for any other evidentiary hearing, including the consideration of calling appropriate witnesses and the preparation of evidence in mitigation of or support of the recommended disposition. Among the attorney's obligations regarding the disposition hearing are:

1. to ensure all information presented to the court which may harm the child client and which is not accurate and truthful or is otherwise improper is stricken from the text of the predisposition investigation report;

2. to develop a plan which seeks to achieve the least restrictive and burdensome sentencing alternative that is most acceptable to the child client, and which can reasonably be obtained based on the facts and circumstances of the offense, the child client's background, the applicable sentencing provisions, and other information pertinent to the disposition;

3. to ensure all reasonably available mitigating and favorable information, which is likely to benefit the child client, is presented to the court;

4. to consider preparing a letter or memorandum to the judge or juvenile probation officer that highlights the child client's strengths and the appropriateness of the disposition plan proposed by the defense; and

5. where a defendant chooses not to proceed to disposition, to ensure that a plea agreement is negotiated with consideration of the disposition hearing, correctional, financial and collateral implications.

B. The attorney should be familiar with disposition provisions and options applicable to the case, including but not limited to:

1. any disposition assessment tools;

2. detention including any mandatory minimum requirements;

3. deferred disposition and diversionary programs;

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

5. credit for pre-adjudication detention;

6. restitution;

7. commitment to the Office of Juvenile Justice at a residential or non-residential program ;

8. place of confinement and level of security and classification criteria used by Office of Juvenile Justice;

9. eligibility for correctional and educational programs; and

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

C. The attorney should be familiar with the direct and collateral consequences of adjudication and the disposition, including:

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

2. possible revocation of probation or parole if client is serving a prior sentence on a parole status;

3. future enhancement on dispositions;

4. loss of participation in extra-curricular activities;

5. loss of college scholarships;

6. suspension or expulsion from school;

7. the inability to be employed in certain occupations including the military;

8. suspension of a motor vehicle operator's permit or license;

9. ineligibility for various government programs (e.g., student loans) or the loss of public housing or other benefits;

10. the requirement to register as a sex offender;

11. the requirement to submit a DNA sample;

12. deportation/removal and other immigration consequences;

13. the loss of other rights (e.g., loss of the right to vote, to carry a firearm or to hold public office);

14. the availability of juvenile arrest or court records to the public, in certain cases; or

15. the transmission of juvenile arrest records, court records, or identifying information to federal law enforcement agencies.

D. The attorney should be familiar with disposition hearing procedures, including:

1. the effect that plea negotiations may have upon the disposition discretion of the court and/or the Office of Juvenile Justice;

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 disposition hearing;

4. the right of the child client to speak prior to receiving the disposition;

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

6. the use of any sentencing guidelines.

La. Admin. Code tit. 22, § XV-1505

Promulgated by the Office of the Governor, Public Defender Board, LR 37:2612 (September 2011), Amended LR 45415 (3/1/2019).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:148