reglab/housing_qa huggingface dataset:
LA Code Crim Pro art. 901.1 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 901.1. Additional sanctions for probation revocation

  A. Notwithstanding any other provision of law, when a defendant, who is a first offender on probation with a suspended sentence for a term of seven years or less at hard labor, or a second offender on probation and having never served time in a state prison, has his probation revoked for any reason other than a subsequent felony conviction, the court, upon the recommendation of the division of probation and parole, may order that the offender be committed to the Department of Public Safety and Corrections and be considered for participation in the intensive incarceration program as provided for in R.S. 15:574.4.4 or 574.5. If the offender committed to the custody of the department participates in an intensive incarceration program of an eligible parish, the department shall reimburse the sheriff's office of the parish conducting the program in the amount appropriated by the legislature.  B. If the imposition of the sentence was suspended, the defendant shall serve the sentence imposed by the court at the revocation hearing. If the defendant is a first offender and receives a sentence of seven years or less at hard labor, or a second offender on probation and having never served time in a state prison, the court, upon recommendation of the division of probation and parole, may order that the offender be committed to the department and be considered for participation in the intensive incarceration program as provided for in R.S. 15:574.4.4 or 574.5. If the offender committed to the custody of the department participates in an intensive incarceration program as provided for in R.S. 15:574.5, the department shall reimburse the sheriff's office of the parish conducting the program in the amount appropriated by the legislature.  Acts 1990, No. 83, §1; Acts 2019, No. 369, §3.
LA Code Crim Pro art. 903 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 903. Substance abuse probation program; authorization

  A. The secretary of the Department of Public Safety and Corrections is authorized to establish a substance abuse probation program within the department.  B. The program shall provide counseling and treatment for defendants with substance abuse disorders, or defendants with co-occurring mental illness and substance abuse disorders, who are sentenced to substance abuse probation pursuant to the provisions of Article 903.2.  C. The department may enter into cooperative endeavors or contracts with local governmental entities or the office of behavioral health, training facilities, and service providers to provide for substance abuse treatment and counseling and mental health treatment for defendants participating in the program.  D. The department shall adopt rules and guidelines as it deems necessary for the administration and implementation of this program.  E. The provisions of this Article shall be implemented only to the extent that funds are available within the department for this purpose and to the extent that is consistent with available resources and appropriate classification criteria.  Acts 2013, No. 389, §1; Acts 2015, No. 199, §2; Acts 2018, No. 431, §1. NOTE: Pursuant to the Section 2 of Act No. 199 of the 2015 R.S., the provisions of Articles 903 through 903.3 enacted by Section 4 of Act No. 389 of the 2013 R.S. shall become null, void, and have no effect on August 1, 2020, and thereafter.
LA Code Crim Pro art. 903.1 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 903.1. Substance abuse probation program; eligibility

  A. In order to be eligible for the substance abuse probation program, the defendant must be charged with a violation of a statute of this state relating to the use and possession of or possession with intent to distribute any narcotic drugs, coca leaves, marijuana, stimulants, depressants, or hallucinogenic drugs, or where there is a significant relationship between the use of alcohol or drugs and the crime before the court.  B. The provisions of this Article shall not apply to any defendant who has been convicted of a crime of violence as defined in R.S. 14:2(B), except for a first conviction of an offense with a maximum prison sentence of ten years or less that was not committed against a family member or household member as defined by R.S. 14:35.3, or against a dating partner as defined by R.S. 46:2151, or a sex offense as defined in R.S. 15:541, or any defendant who has participated in or declined to participate in a drug division probation program as provided for in R.S. 13:5301 et seq. NOTE: Pursuant to the Section 2 of Act No. 199 of the 2015 R.S., the provisions of Articles 903 through 903.3 enacted by Section 4 of Act No. 389 of the 2013 R.S. shall become null, void, and have no effect on August 1, 2020, and thereafter. NOTE: Acts 2013, No. 389, §4 provides that the provisions of the Act shall become null, void, and have no effect on Aug. 1, 2016, and thereafter. Acts 2013, No. 389, §1; Acts 2015, No. 199, §2; Acts 2017, No. 280, §1, eff. November 1, 2017.
LA Code Crim Pro art. 903.3 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 903.3. Substance abuse treatment program; cost

A. A defendant who is placed under the supervision of the substance abuse probation program shall pay the cost of the treatment program to which he is assigned and the cost of any additional supervision that may be required to the extent of his financial resources as determined by the substance abuse treatment program. B. If the defendant does not have the financial resources to pay all the related costs of the probation program, the court may do either of the following: (1) To the extent practicable, arrange for the defendant to be assigned to a treatment program funded by the state or federal government. (2) With the recommendation of the treatment program, order the defendant to perform supervised work for the benefit of the community in lieu of paying all or a part of the costs related to his treatment and supervision. The work shall be performed for and under the supervising authority of a parish, municipality, or other political subdivision or agency of the state or a charitable organization that renders service to the community or its residents. NOTE: Acts 2013, No. 389, §4 provides that the provisions of the Act shall become null, void, and have no effect on Aug. 1, 2016, and thereafter. Acts 2013, No. 389, §1.
LA Code Crim Pro art. 905 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 905. Capital cases; sentencing hearing required; delay; waiver

A. Following a verdict or plea of guilty in a capital case, a sentence of death may be imposed only after a sentencing hearing as provided herein. B. Following a conviction by trial or guilty plea in a capital case, on joint motion of the state and the defendant, the court may impose a sentence of life imprisonment without benefit of parole, probation, or suspension of sentence without conducting a sentencing hearing. The court may refuse to grant the joint motion and order that a sentencing hearing be conducted. C. If a sentencing hearing will be conducted, the hearing shall not commence sooner than twelve hours after a verdict or plea of guilty, except on joint motion of the state and the defendant. Added by Acts 1976, No. 694, §1. Acts 1993, No. 935, §1; Acts 1995, No. 434, §1.
LA Code Crim Pro art. 905.1 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 905.1. Sentencing hearing jury; commencement

A. Except as provided in Part B herein, the sentencing hearing shall be conducted before the same jury that determined the issue of guilt. The order of sequestration shall remain in effect until the completion of the sentencing hearing. B. If an error occurs only during the sentencing hearing which would necessitate the declaration of a mistrial, or the granting of a new trial by the trial court, or if an appellate court finds an error that occurred only in the sentencing hearing which would necessitate a remand and a new trial, then the trial court shall be empowered to empanel a new jury under the same procedure set out in Title XXVI, Chapter 3 of The Louisiana Code of Criminal Procedure for determining only the issue of penalty, and the rule of sequestration shall apply to the new jury so empanelled. Added by Acts 1976, No. 694, §1. Amended by Acts 1977, No. 105, §1.
LA Code Crim Pro art. 905.2 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 905.2. Sentencing hearing; procedure and evidence; jury instructions

A. The sentencing hearing shall focus on the circumstances of the offense, the character and propensities of the offender, and the victim, and the impact that the crime has had on the victim, family members, friends, and associates. The victim or his family members, friends, and associates may decline the right to testify but, after testifying for the state, shall be subject to cross-examination. The hearing shall be conducted according to the rules of evidence. Evidence relative to aggravating or mitigating circumstances shall be relevant irrespective of whether the defendant places his character at issue. Insofar as applicable, the procedure shall be the same as that provided for trial in the Code of Criminal Procedure. The jury may consider any evidence offered at the trial on the issue of guilt. The defendant may testify in his own behalf. In the event of retrial, the defendant's testimony shall not be admissible except for the purposes of impeachment. B. Notwithstanding any provision to the contrary, the court shall instruct the jury that under the provisions of the state constitution, the governor is empowered to grant a reprieve, pardon, or commutation of sentence following conviction of a crime, and the governor may, in exercising such authority, commute or modify a sentence of life imprisonment without benefit of parole to a lesser sentence including the possibility of parole, and may commute a sentence of death to a lesser sentence of life imprisonment without benefit of parole. The court shall also instruct the jury that under this authority the governor may allow the release of an offender either by reducing a life imprisonment or death sentence to the time already served by the offender or by granting the offender a pardon. The defense may argue or present evidence to the jury on the frequency and extent of use by the governor of his authority. The provisions of this Paragraph shall not be construed to require that members of the Board of Pardons attend sentencing hearings for capital cases. Added by Acts 1976, No. 694, §1. Acts 1993, No. 436, §1; Acts 1994, 3rd Ex. Sess., No. 14, §1; Acts 1995, No. 551, §1; Acts 1999, No. 783, §3, eff. Jan. 1, 2000; Acts 2001, No. 280, §1; Acts 2012, No. 106, §1.
LA Code Crim Pro art. 905.3 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 905.3. Sentence of death; jury findings

A sentence of death shall not be imposed unless the jury finds beyond a reasonable doubt that at least one statutory aggravating circumstance exists and, after consideration of any mitigating circumstances, determines that the sentence of death should be imposed. The court shall instruct the jury concerning all of the statutory mitigating circumstances. The court shall also instruct the jury concerning the statutory aggravating circumstances but may decline to instruct the jury on any aggravating circumstance not supported by evidence. The court may provide the jury with a list of the mitigating and aggravating circumstances upon which the jury was instructed. Added by Acts 1976, No. 694, §1; Acts 1985, No. 231, §1; Acts 1988, No. 779, §1, eff. July 18, 1988.
LA Code Crim Pro art. 905.5 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 905.5. Mitigating circumstances

The following shall be considered mitigating circumstances:  (a) The offender has no significant prior history of criminal activity;  (b) The offense was committed while the offender was under the influence of extreme mental or emotional disturbance;  (c) The offense was committed while the offender was under the influence or under the domination of another person;  (d) The offense was committed under circumstances which the offender reasonably believed to provide a moral justification or extenuation for his conduct;  (e) At the time of the offense the capacity of the offender to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was impaired as a result of mental disease or defect or intoxication;  (f) The youth of the offender at the time of the offense;  (g) The offender was a principal whose participation was relatively minor;  (h) Any other relevant mitigating circumstance. Added by Acts 1976, No. 694, §1.
LA Code Crim Pro art. 905.6 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 905.6. Jury; unanimous determination

A sentence of death shall be imposed only upon a unanimous determination of the jury. If the jury unanimously finds the sentence of death inappropriate, it shall render a determination of a sentence of life imprisonment without benefit of probation, parole or suspension of sentence. Added by Acts 1976, No. 694, §1; Acts 1988, No. 779, §1, eff. July 18, 1988.
LA Code Crim Pro art. 905.7 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 905.7. Form of determination

The form of jury determination shall be as follows:  "Having found the below listed statutory aggravating circumstance or circumstances and, after consideration of the mitigating circumstances offered, the jury unanimously determines that the defendant should be sentenced to death. Aggravating circumstance or circumstances found:  s/_____________________________________________  Foreman" or  "The jury unanimously determines that the defendant should be sentenced to life imprisonment without benefit of probation, parole or suspension of sentence. s/_____________________________________________  Foreman"  Added by Acts 1976, No. 694, §1; Acts 1988, No. 779, §1, eff. July 18, 1988.
LA Code Crim Pro art. 905.8 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 905.8. Imposition of sentence

The court shall sentence the defendant in accordance with the determination of the jury. If the jury is unable to unanimously agree on a determination, the court shall impose a sentence of life imprisonment without benefit of probation, parole or suspension of sentence. Added by Acts 1976, No. 694, §1; Acts 1988, No. 779, §1, eff. July 18, 1988.
LA Code Crim Pro art. 905.9 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 905.9. Review on appeal

The Supreme Court of Louisiana shall review every sentence of death to determine if it is excessive. The court by rules shall establish such procedures as are necessary to satisfy constitutional criteria for review. Added by Acts 1976, No. 694, §1.
LA Code Crim Pro art. 911 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 911. Right to appeal from judgment

Appeal is the exercise of the right of the state or the defendant to have a judgment or ruling reviewed by the proper appellate court. An appeal bond is not required.
LA Code Crim Pro art. 912 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 912. Judgments or rulings appealable

A. Only a final judgment or ruling is appealable. B. The state cannot appeal from a verdict of acquittal. Adverse judgments or rulings from which the state may appeal include, but are not limited to, judgments or rulings on:  (1) A motion to quash an indictment or any count thereof;  (2) A plea of time limitation;  (3) A plea of double jeopardy;  (4) A motion in arrest of judgment;  (5) A motion to change the venue;  (6) A motion to recuse; and  (7) Repealed by Acts 1968, No. 146, §1. C. The judgments or rulings from which the defendant may appeal include, but are not limited to:  (1) A judgment which imposes sentence;  (2) A ruling upon a motion by the state declaring the present insanity of the defendant; and  (3) Repealed by Acts 1968, No. 146, §1. Amended by Acts 1968, No. 146, §1.
LA Code Crim Pro art. 912.1 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 912.1. Right of appeal and application for review; defendant

A.(1) The defendant may appeal to the supreme court from a judgment in a capital case in which a sentence of death actually has been imposed. (2) Except as provided in Code of Criminal Procedure Article 905.9, such defendant may waive his right of appeal. The defendant shall be informed, both in writing and orally, of this right to waive appeal upon appointment of appellate counsel. B.(1) The defendant may appeal to the court of appeal from a judgment in a criminal case triable by jury, except as provided in Paragraph A or Subparagraph (2) of this Paragraph. (2) An appeal from a judgment in a criminal case triable by jury from a city court located in the Nineteenth Judicial District, except as provided in Paragraph A of this Article, shall be taken to the Nineteenth Judicial District in the parish of East Baton Rouge. C.(1) In all other cases not otherwise provided by law, the defendant has the right of judicial review by application to the court of appeal for a writ of review. This application shall be accompanied by a complete record of all evidence upon which the judgment is based unless the defendant intelligently waives the right to cause all or any portion of the record to accompany the application. (2) An application for review by the defendant shall not suspend the execution of sentence, unless the defendant is admitted to postconviction bail. Added by Acts 1974, Ex.Sess., No. 28, §1, eff. Jan. 1, 1975. Amended by Acts 1980, No. 516, §1, eff. July 1, 1982; Acts 1986, No. 443, §1; Acts 2001, No. 1134, §2; Acts 2010, No. 674, §1, eff. Oct. 1, 2010.
LA Code Crim Pro art. 913 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 913. Effect of appeal

A. An appeal by the state suspends the ruling or judgment from which the appeal is taken, except when the ruling or judgment requires the release of the defendant. B. An appeal by the defendant shall not suspend the execution of sentence, unless the defendant is admitted to postconviction bail. Amended by Acts 1982, No. 736, §1.
LA Code Crim Pro art. 914 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 914. Method and time of appeal

A. A motion for an appeal may be made orally in open court or by filing a written motion with the clerk. The motion shall be entered in the minutes of the court. B. The motion for an appeal must be made no later than: (1) Thirty days after the rendition of the judgment or ruling from which the appeal is taken. (2) Thirty days from the ruling on a motion to reconsider sentence filed pursuant to Article 881.1, should such a motion be filed. Amended by Acts 1982, No. 143, §1. Acts 1993, No. 490, §1, eff. June 10, 1993; Acts 2003, No. 949, §1.
LA Code Crim Pro art. 914.1 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 914.1. Designation of record; payment of costs; sanction

A. The party making the motion for appeal shall, at the time the motion is made, request the transcript of that portion of the proceedings necessary, in light of the assignment of errors to be urged. Not later than five days after the motion, the opposing party may designate in writing the transcript of that portion or portions of the proceedings necessary to oppose the appeal. B. A transcript of any portion of the proceedings which does not relate to anticipated assignment of errors shall not be furnished to a party for purposes of appeal and shall not result in delay of preparation of the appeal record. C.(1) An attorney who requests a transcript in accordance with this Article must certify there are good grounds for such request in light of the assignment of errors to be urged. (2) Except in indigent cases, the costs for preparing the transcript must be paid to the court reporter or the appropriate agency and the costs as required for filing the appeal must be paid in the appellate court, both within twenty days of the mailing of notice, including the payment of any additional costs owed upon notice. (3) Where applicable, if the appellant or appellant's counsel fails to pay the estimated cost for preparing the record including the transcript within the time specified, the trial judge, on his own motion or upon motion by the clerk or by any party, and after a hearing, may do one of the following:  (a) Extend the time within which the costs may be paid not to exceed thirty days with or without penalty to the appellant or his attorney.  (b) Impose a fine not to exceed five hundred dollars upon the appellant or his attorney, or both. (c) Dismiss the appeal. D. The trial court or the appellate court may designate additional portions of the transcript of the proceedings which it feels are necessary for full and fair review of the assignment of errors. Added by Acts 1982, No. 143, §1. Acts 1984, No. 937, §2. {{NOTE: SEE ALSO ACTS 1984, NO. 937, §3 AND ACTS 1984, NO. 838, §1.}}
LA Code Crim Pro art. 915 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 915. Action on a motion for appeal; return; notice

A. When a motion for an appeal is made in conformity with Articles 912, 914, and 914.1 the trial court shall grant or deny the motion within seventy-two hours, exclusive of legal holidays, after the motion is made. The return date shall be seventy-five days from the date the motion for appeal is granted, unless the trial judge fixes a lesser period. When a motion for an appeal has been timely made, the appeal shall not be affected by any fault or omission on the part of the trial court. B. The minute clerk for each section of the trial court shall forward a copy of the notice of appeal to the clerk of the trial court and to the court reporters responsible for preparing the necessary transcripts, within twenty-four hours, exclusive of legal holidays, of the date the appeal is ordered. The clerk of the trial court shall forward a copy of the notice of appeal to the sheriff having custody of the defendant, to the appropriate appellate court, and to each party, within seven days of the date the appeal is ordered. The party moving for the appeal must forward notice that a motion for appeal has been made to the appropriate appellate court within seven days of the date the motion is made. Failure of the minute clerk, the clerk of court, or the party moving for the appeal, to provide notice shall not affect the validity of the appeal. Amended by Act 1974, No. 207, §1; Acts 1982, No. 143, §1; Acts 1988, No. 525, §1; Acts 1999, No. 706, §1.
LA Code Crim Pro art. 915.1 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 915.1. Appeals; extension of return date; notice

A. The trial court may grant one extension of the return date of not more than thirty days. An extension may not be granted after the return date has passed. The extension may be granted only upon proof presented by the moving party that additional time is necessary due to extenuating circumstances beyond the control of the moving party and that, without the extension, an unusual and undue hardship would be created. A copy of the extension shall be filed with the appellate court and the clerk of the trial court. B. Subsequent extensions may be granted by the appellate court for sufficient cause or at the request of the court reporter as provided in Article 919. When a subsequent extension is granted by the appellate court, notice thereof shall be given by mail by the clerk of the trial court to all parties. Failure of the clerk of the trial court to mail such notice shall not affect the validity of the appeal nor will any error or defect which is not imputable to the appellant affect the validity of the appeal. Acts 1988, No. 525, §1.