La. Admin. Code tit. 22 § XV-1509

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

Section XV-1509 - Predisposition Report

A. Where the court uses a predisposition report, counsel should be familiar with the procedures concerning the preparation, submission, and verification of the predisposition report. Counsel should be prepared to use the predisposition report in defense of the child client.

B. Counsel should be familiar with the practices of the officials who prepare the predisposition report and the defendant's rights in that process, including access to the predisposition report by the attorney and the child client, and ability to waive such a report, if it is in the child client's interest to do so.

C. Counsel should provide to the official preparing the report relevant information favorable to the client, including, where appropriate, the child client's version of the alleged act. Counsel should also take appropriate steps to ensure that erroneous or misleading information which may harm the child client is deleted from the report and to preserve and protect the child client's interests, including requesting that a new report be prepared with the challenged or unproven information deleted before the report or memorandum is distributed to the Office of Juvenile Justice or treatment officials.

D. In preparation for a disposition hearing, the attorney should ensure receipt of the disposition report no later than 72 hours prior to the disposition hearing. Upon receipt of this report, the attorney should review the report with the client, ensure its accuracy and prepare a response to the report. Counsel should prepare a written dispositional plan that counsel and the client agree will best achieve the client's dispositional goals. Counsel should consider consulting with social service experts or other appropriate experts to develop the dispositional plan.

La. Admin. Code tit. 22, § XV-1509

Promulgated by the Office of the Governor, Public Defender Board, LR 37:2613 (September 2011), Amended LR 45416 (3/1/2019).

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