reglab/housing_qa huggingface dataset:
LA Code Crim Pro art. 872 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 872. Basis for valid sentence

A valid sentence must rest upon a valid and sufficient:  (1) Statute;  (2) Indictment; and  (3) Verdict, judgment, or plea of guilty.
LA Code Crim Pro art. 873 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 873. Delay between conviction and sentence

If a defendant is convicted of a felony, at least three days shall elapse between conviction and sentence. If a motion for a new trial, or in arrest of judgment, is filed, sentence shall not be imposed until at least twenty-four hours after the motion is overruled. If the defendant expressly waives a delay provided for in this article or pleads guilty, sentence may be imposed immediately.
LA Code Crim Pro art. 874 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 874. Prompt sentence required; relief by writs

Sentence shall be imposed without unreasonable delay. If a defendant claims that the sentence has been unreasonably delayed, he may invoke the supervisory jurisdiction of the appellate court. Acts 1993, No. 975, §1.
LA Code Crim Pro art. 876 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 876. Sentence for crime committed as a child

A. An adult who is charged with an offense committed at the time he was a child for which the time limitation for the institution of prosecution pursuant to Code of Criminal Procedure Article 571 has not lapsed and for which he was subject to prosecution as an adult due to his age at the time the offense was committed shall be prosecuted as an adult in the appropriate court exercising criminal jurisdiction. If convicted, he shall be punished as an adult as provided by law. B. An adult who is charged with an offense committed at the time he was a child for which the time limitation for the institution of prosecution pursuant to Code of Criminal Procedure Article 571 has not lapsed and for which he was not subject to prosecution as an adult due to his age at the time the offense was committed shall be prosecuted as an adult in the appropriate court exercising criminal jurisdiction. If convicted, he may be committed to the custody of the Department of Public Safety and Corrections to be confined in secure placement for a period of time as determined by the court not to exceed the maximum amount of confinement he could have been ordered to serve had he been adjudicated for the offense as a child at the time the offense was committed. Acts 2008, No. 670, §2; Acts 2010, No. 805, §2.
LA Code Crim Pro art. 877 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 877. Protection of investigation reports

A. The presentence and postsentence investigation reports shall be privileged and shall not be disclosed directly or indirectly to anyone other than the sentencing court, the victim or the victim's designated family member, as defined in R.S. 46:1842, the prosecutor, members of the division of probation and parole within the office of adult services, the officer in charge of the institution to which the defendant is committed, the committee on parole, the probation or the parole officer if the defendant is placed on probation or released on parole, medical authorities directly involved in the defendant's rehabilitation or treatment if the defendant is committed to a hospital or a substance abuse program, the Board of Pardons, and the governor or his representative. However, this Article shall not require the disclosure of sources of confidential information. B. Before imposing sentence the court may advise the defendant or his counsel of the factual contents and conclusions of any presentence investigation report. The sources of confidential information shall not, however, be disclosed. If the defendant contests any information contained in the presentence report, the court shall provide the district attorney the same access to the report as was given to the defendant or his counsel. The district attorney may respond to the defendant's contentions concerning the information in the presentence report. C. The presentence investigation report, edited to protect sources of confidential information, shall be made a part of the record if the defendant seeks post-conviction relief only on the grounds of an excessive sentence imposed by the court. Acts 1985, No. 200, §1, eff. July 6, 1985; Acts 1985, No. 384, §1; Acts 1992, No. 300, §1; Acts 1999, No. 148, §1; Acts 1999, No. 783, §3, eff. Jan. 1, 2000.
LA Code Crim Pro art. 878 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 878. Cruel or unusual punishment

A sentence shall not be set aside on the ground that it inflicts cruel or unusual punishment unless the statute under which it is imposed is found unconstitutional.
LA Code Crim Pro art. 879 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 879. Determinate sentence required

If a defendant who has been convicted of an offense is sentenced to imprisonment, the court shall impose a determinate sentence.
LA Code Crim Pro art. 880 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 880. Credit for prior custody; limitations

A. A defendant shall receive credit toward service of his sentence for time spent in actual custody prior to the imposition of sentence. B. A defendant shall receive credit only for time in actual custody and only once during any calendar month when consecutive sentences are imposed. C. No defendant shall receive credit for any time served prior to the commission of the crime. D. A defendant shall not receive credit for time served under home incarceration. E. A defendant shall not receive overlapping jail credit, except in the instance of concurrent sentences and then only for time spent in jail on the instant felony. Amended by Acts 1970, No. 285, §1; Acts 1997, No. 788, §1; Acts 2006, No. 174, §2; Acts 2011, No. 186, §1.
LA Code Crim Pro art. 881 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 881. Amendment of sentence

A. Although the sentence imposed is legal in every respect, the court may amend or change the sentence, within the legal limits of its discretion, prior to the beginning of execution of the sentence. B.(1) After commencement of execution of sentence, in felony cases in which the defendant has been sentenced to imprisonment without hard labor and in misdemeanor cases, the sentencing judge may reduce the sentence or may amend the sentence to place the defendant on supervised probation. Should the court consider any motion amending or changing the sentence imposed, either prior to or after execution of the sentence, the district attorney shall be notified and, if such motion is filed by the defendant, it shall be tried contradictorily with the district attorney, unless the district attorney waives such contradictory hearing. (2) Such motions include but are not limited to motions for a new trial, motions in arrest of judgment, motions for amendment, modification, or reconsideration of sentence, and motions for modification of conditions of probation or termination of probation. (3) If a sentence is reduced or amended, a copy of the minute entry reflecting the judgment reducing or amending the sentence shall be furnished to the district attorney and the arresting law enforcement agency. C. If the sentence imposed by the court is consecutive to a sentence imposed in a different criminal proceeding, for purposes of this Article only, commencement of the execution of sentence begins when the defendant is remanded by the sentencing court to the Department of Public Safety and Corrections, to begin serving either the imposed sentence or a prior sentence to which the imposed sentence is consecutive. Acts 1987, No. 59, §1; Acts 1997, No. 1321, §1.
LA Code Crim Pro art. 881.2 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 881.2. Review of sentence

A.(1) The defendant may appeal or seek review of a sentence based on any ground asserted in a motion to reconsider sentence. The defendant also may seek review of a sentence which exceeds the maximum sentence authorized by the statute under which the defendant was convicted and any applicable statutory enhancement provisions. (2) The defendant cannot appeal or seek review of a sentence imposed in conformity with a plea agreement which was set forth in the record at the time of the plea. B. The state may appeal or seek review of a sentence:  (1) If the sentence imposed was not in conformity with:  (a) Mandatory requirements of the statute under which the defendant was convicted, or any other applicable mandatory sentence provision; or  (b) The applicable enhancement provisions under the Habitual Offender Law, R.S. 15:529.1; and  (2) If the state objected at the time the sentence was imposed or made or filed a motion to reconsider sentence under this Article. Acts 1991, No. 38, §1. {{NOTE: SEE ACTS 1991, NO. 38, §3, FOR SPECIAL EFFECTIVE DATE.}}
LA Code Crim Pro art. 881.3 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 881.3. Record on review of sentence

In reviewing a sentence the appellate court may consider the record of the case which shall include any evidence or relevant information introduced at preliminary hearings, hearings on motions, arraignments, or sentencing proceedings, and any relevant information included in a presentence investigation report filed into the record at sentencing. In order to preserve confidentiality, in appropriate cases, the court may order that the presentence report, or any portion thereof, be held under seal. Acts 1991, No. 38, §1. {{NOTE: SEE ACTS 1991, NO. 38, §3, FOR SPECIAL EFFECTIVE DATE.}}
LA Code Crim Pro art. 881.4 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 881.4. Action by appellate court

A. If the appellate court finds that a sentence must be set aside on any ground, the court shall remand for resentence by the trial court. The appellate court may give direction to the trial court concerning the proper sentence to impose. B. In the interest of justice, the appellate court may remand the case for resentencing before a judge other than the judge who imposed the initial sentence. C. If necessary to an appropriate disposition of a motion to reconsider sentence, the appellate court may remand the case to the trial court with instructions to supplement the record or to hold an evidentiary hearing. D. The appellate court shall not set aside a sentence for excessiveness if the record supports the sentence imposed. Acts 1991, No. 38, §1; Acts 1995, No. 942, §1. {{NOTE: SEE ACTS 1991, NO. 38, §3, FOR SPECIAL EFFECTIVE DATE.}}
LA Code Crim Pro art. 881.5 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 881.5. Correction of illegal sentence by trial court

On motion of the state or the defendant, or on its own motion, at any time, the court may correct a sentence imposed by that court which exceeds the maximum sentence authorized by law. Acts 1991, No. 38, §1. {{NOTE: SEE ACTS 1991, NO. 38, §3, FOR SPECIAL EFFECTIVE DATE.}}
LA Code Crim Pro art. 881.6 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 881.6. Reducing a sentence for substantial assistance

A. Upon motion of the state, the sentencing court may reduce the defendant's sentence if, after sentencing, the defendant provided substantial assistance in furtherance of the investigation or prosecution of another person. B. In evaluating whether the defendant has provided substantial assistance pursuant to the provisions of this Article, the sentencing court may consider the defendant's presentence or postsentence assistance in furtherance of the investigation or prosecution. C. If the sentencing court makes a determination to reduce the sentence to a time period which is less than the minimum sentence provided by law, that sentence shall not be imposed without the consent of the district attorney. D. For purposes of this Article, "sentencing" means the oral announcement of the sentence. Acts 2011, No. 349, §1.
LA Code Crim Pro art. 882 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 882. Correction of illegal sentence; review of illegal sentence

A. An illegal sentence may be corrected at any time by the court that imposed the sentence or by an appellate court on review. B. A sentence may be reviewed as to its legality on the application of the defendant or of the state:  (1) In an appealable case by appeal; or  (2) In an unappealable case by writs of certiorari and prohibition. C. Nothing in this Article shall be construed to deprive any defendant of his right, in a proper case, to the writ of habeas corpus. Amended by Acts 1984, No. 587, §1.
LA Code Crim Pro art. 883 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 883. Concurrent and consecutive sentences

  If the defendant is convicted of two or more offenses based on the same act or transaction, or constituting parts of a common scheme or plan, the terms of imprisonment shall be served concurrently unless the court expressly directs that some or all be served consecutively. Other sentences of imprisonment shall be served consecutively unless the court expressly directs that some or all of them be served concurrently. In the case of the concurrent sentence, the judge shall specify, and the court minutes shall reflect, the date from which the sentences are to run concurrently.  Amended by Acts 1977, No. 397, §1.
LA Code Crim Pro art. 883.1 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 883.1. Sentences concurrent with sentences of other jurisdictions

  A. The sentencing court may specify that the sentence imposed be served concurrently with a sentence imposed by a federal court or a court of any other state and that service of the concurrent terms of imprisonment in a federal correctional institution or a correctional institution of another state shall be in satisfaction of the sentence imposed in this state in the manner and to the same extent as if the defendant had been committed to the Department of Public Safety and Corrections for the term of years served in a federal correctional institution or a correctional institution of another state. When serving a concurrent sentence in a federal correctional institution or a correctional institution of another state, the defendant shall receive credit for time served as allowed under the laws of this state.  B. Whenever sentence is imposed under the provisions of this Article, the court shall order that the defendant be remanded to the custody of the sheriff of the parish in which the defendant was convicted in the event that the terms of imprisonment to which the defendant is sentenced in the foreign jurisdiction terminates prior to the date on which the sentence imposed in this state is to terminate. If the defendant completes the term of imprisonment during his incarceration in the other jurisdiction, the department shall forward a copy of the discharge papers to the sheriff in the parish of conviction and to the appropriate authorities having physical custody of the defendant.  C. In every case where a sentence at hard labor is imposed under the provisions of this Article, the court shall order that a certified copy of the Uniform Sentencing Commitment Order in the format authorized by the Louisiana Supreme Court be forwarded to the Department of Public Safety and Corrections. If the department needs information relating to the sentence not provided in the Uniform Sentencing Commitment Order, it may request that information from the court.  Added by Acts 1976, No. 490, §1; Acts 1991, No. 138, §2; Acts 2017, No. 98, §1, eff. December 1, 2017. {{NOTE: SEE ACTS 1991, NO. 138, §§4 AND 5, FOR SPECIAL EFFECTIVE DATE AND APPLICABILITY PROVISIONS.}}
LA Code Crim Pro art. 883.2 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 883.2. Restitution to victim

  A. In all cases in which the court finds an actual pecuniary loss to a victim, or in any case where the court finds that costs have been incurred by the victim in connection with a criminal prosecution, the trial court shall order the defendant to provide restitution to the victim as a part of any sentence that the court shall impose.  B. Additionally, if the defendant agrees as a term of a plea agreement, the court shall order the defendant to provide restitution to other victims of the defendant's criminal conduct, although those persons are not the victim of the criminal charge to which the defendant pleads. Such restitution to other persons may be ordered pursuant to Article 895 or 895.1 of this Code or any other provision of law permitting or requiring restitution to victims.  C. The court shall order that all restitution payments be made by the defendant to the victim through the court's designated intermediary, and in no case shall the court order the defendant to deliver or send a restitution payment directly to a victim, unless the victim consents. NOTE: Paragraph D eff. until Aug. 1, 2022. See Acts 2017, No. 260; Acts 2021, No. 313.  D. Notwithstanding any other provision of law to the contrary, if the defendant is found to be indigent and therefore unable to make restitution in full at the time of conviction, the court may order a periodic payment plan consistent with the person's financial ability. NOTE: Paragraph D as amended by Acts 2017, No. 260, eff. Aug. 1, 2022. See Acts 2021, No. 313.  D. Notwithstanding any other provision of law to the contrary, if the defendant is found to be indigent and therefore unable to make restitution in full at the time of conviction, the court may order a periodic payment plan pursuant to the provisions of Article 875.1.  Acts 1999, No. 783, §3, eff. Jan. 1, 2000; Acts 1999, No. 988, §1; Acts 2007, No. 22, §1; Acts 2010, No. 160, §1; Acts 2014, No. 180, §1; Acts 2017, No. 260, §1, eff. Aug. 1, 2018; Acts 2018, No. 137, §1, eff. Aug. 1, 2018; Acts 2018, No. 668, §4, eff. Aug. 1, 2018; Acts 2019, No. 253, §2; Acts 2021, No. 313, §3A, see Act.
LA Code Crim Pro art. 884 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 884. Sentence of fine with imprisonment for default

 NOTE: Art. 884 eff. until Aug. 1, 2022. See Acts 2017, No. 260; Acts 2021, No. 313.  If a sentence imposed includes a fine or costs, the sentence shall provide that in default of payment thereof the defendant shall be imprisoned for a specified period not to exceed one year; provided that where the maximum prison sentence which may be imposed as a penalty for a misdemeanor is six months or less, the total period of imprisonment upon conviction of the offense, including imprisonment for default in payment of a fine or costs, shall not exceed six months for that offense. NOTE: Art. 884 as amended by Acts 2017, No. 260, eff. Aug. 1, 2022. See Acts 2021, No. 313.  A. If a sentence imposed includes a fine or costs, the sentence shall provide that in default of payment thereof the defendant shall be imprisoned for a specified period not to exceed one year; provided that where the maximum prison sentence which may be imposed as a penalty for a misdemeanor is six months or less, the total period of imprisonment upon conviction of the offense, including imprisonment for default in payment of a fine or costs, shall not exceed six months for that offense.  B. The provisions of this Article do not apply if the court has determined, pursuant to the provisions of Article 875.1, that payment in full of the aggregate amount of all financial obligations imposed upon the defendant would cause substantial financial hardship to the defendant or his dependents. In such cases, the provisions of Article 875.1 shall apply.  Amended by Acts 1968, Ex.Sess., No. 12, §1, emerg. eff. Dec. 27, 1968 at 11:00 A.M; Acts 2017, No. 260, §1, eff. Aug. 1, 2018; Acts 2018, No. 137, §1, eff. Aug. 1, 2018; Acts 2018, No. 668, §4, eff. Aug. 1, 2018; Acts 2019, No. 253, §2; Acts 2021, No. 313, §3A, see Act.
LA Code Crim Pro art. 885 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 885. Release on payment of fine and costs

A defendant who has been imprisoned for default in the payment of a fine, or fine and costs, under a sentence imposed pursuant to Article 884, may, at any time before expiration of the term of imprisonment, obtain his release by paying to his custodian all of the costs imposed and a sum of money that bears the same proportion to the imposed fine as the term of alternate imprisonment yet to run bears to the whole of such term of imprisonment. Amended by Acts 1970, No. 293, §1.
LA Code Crim Pro art. 886 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 886. Enforcement of fine by civil process; offset of tax refund

A. In the event of nonpayment of a fine, nonpayment of restitution to the victim, or nonpayment of a fine and costs, within sixty days after the sentence was imposed, and if no appeal is pending, the court which imposed the sentence may sign a judgment against the defendant in a sum equal to the fine or restitution plus judicial interest to begin sixty days after the sentence was imposed plus all costs of the criminal proceeding and subsequent proceedings necessary to enforce the judgment in either civil or criminal court, or both. Collection of the judgment may be enforced in either criminal or civil court, or both, in the same manner as a money judgment in a civil case. In addition, particular courts may provide by court rule for enforcement by the filing of an offset claim against the defendant, in accordance with R.S. 47:299.1 through 299.20. B. The provisions of Paragraph A of this Article shall apply to all fines and costs due and owing, regardless of whether they become due and owing prior to September 6, 1991. Acts 1989, No. 191, §2; Acts 1991, No. 85, §1; Acts 1999, No. 140, §1; Acts 1999, No. 783, §3, eff. Jan. 1, 2000.
LA Code Crim Pro art. 886.1 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 886.1. Judgment for fines and costs declared executory; required notice

If a civil judgment is signed in accordance with Article 886, the judgment shall be executory upon rendition by the court provided the defendant was notified at the time of sentencing of the possible rendition of a civil judgment in the event of his failure to pay the fine and costs. In all other cases, the judgment shall be executory immediately upon service of the notice of judgment upon the defendant in accordance with Code of Civil Procedure Article 1913. Acts 1991, No. 85, §1.
LA Code Crim Pro art. 888 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 888. Costs and fines; payment

 NOTE: Art. 888 eff. until Aug. 1, 2022. See Acts 2017, No. 260; Acts 2021, No. 313.  Costs and any fine imposed shall be payable immediately; provided, however, that in cases involving the violation of any traffic law or ordinance, the court having jurisdiction may grant the defendant five judicial days after rendition of judgment to pay any costs and any fine imposed. NOTE: Art. 888 as amended by Acts 2017, No. 260, eff. Aug. 1, 2022. See Acts 2021, No. 313.  Costs and any fine imposed shall be payable immediately except as provided in Article 875.1 relative to the determination of the defendant's ability to pay; provided, however, that in cases involving the violation of any traffic law or ordinance, the court having jurisdiction may grant the defendant five judicial days after rendition of judgment to pay any costs and any fine imposed.  Amended by Acts 1968, No. 368, §1; Acts 2017, No. 260, §1, eff. Aug. 1, 2018; Acts 2018, No. 137, §1, eff. Aug. 1, 2018; Acts 2018, No. 668, §4, eff. Aug. 1, 2018; Acts 2019, No. 253, §2; Acts 2021, No. 313, §§3A and 5B.
LA Code Crim Pro art. 889 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 889. Collection and disposition of fines, costs, and forfeitures

The collection and disposition of fines, costs, and forfeitures shall be as provided by law.