La. Admin. Code tit. 22 § XV-753

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

Section XV-753 - Sentencing Options, Consequences and Procedures

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.

La. Admin. Code tit. 22, § XV-753

Promulgated by the Office of the Governor, Public Defender Board, LR 35:672 (April 2009).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:142, 147 and 148.