reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:151. Quorum; compensation; officers; records

RS 15:151 - Quorum; compensation; officers; records
A. A majority of the voting members shall constitute a quorum for transacting business. A vote of a majority of the membership of the board shall be required to take action on any issue.
B. Members of the board shall receive per diem at the same rate as members of the legislature for each day the board meets. They shall also receive reimbursement for travel, lodging, and other expenses at the rate established for state employees.
C. The board shall elect a vice chairman. The chairman and the vice chairman shall serve two-year terms. The board shall select other necessary officers from among its membership.
D. All meetings of the board shall be open and subject to the provisions of R.S. 42:11 et seq. A record of all proceedings at regular and special meetings of the board shall be kept and shall be open to public inspection, except as otherwise provided by R.S. 42:17.
Acts 1997, No. 1361, §1, eff. Dec. 31, 1997; Acts 2005, No. 343, §1; Acts 2007, No. 307, §16; Acts 2017, No. 103, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:153. Deputy public defender-director of training; qualifications; duties

RS 15:153 - Deputy public defender-director of training; qualifications; duties
A. The board shall employ a deputy public defender who shall act as the director of training who shall meet the following qualifications:
(1) Meet the qualifications provided for in R.S. 15:150(B).
(2) Be an attorney licensed to practice law in the United States with at least five years of experience as a criminal defense attorney and if licensed as an attorney in a state other than Louisiana, become licensed as an attorney in this state within one year of being employed by the board.
B. The director of training shall:
(1) Coordinate training of public defenders in current aspects of criminal and civil law and procedure involving public defense, including the representation of juveniles.
(2) Establish and supervise a training and performance evaluation program for attorneys and non-attorney staff members and contractors.
(3) Establish training and educational programs for all public defender attorneys. Such programs shall not be "continuing legal education" as mandated by the Louisiana State Bar Association. The training sponsored by the state program shall be practical training based on models in other states, including trial advocacy and criminal procedure in the nature of mock trials, working seminars, and mentoring. Such educational programs shall also include annual educational programs and introductory educational programs for attorneys prior to providing public defender services.
(4) Assist in the development and dissemination of standards and guidelines, procedures, and policies that will ensure that public defender services are provided consistently throughout the state.
(5) Consolidate information on important aspects of public defense and provide for a collection of official opinions, legal briefs, and other relevant information.
(6) Provide assistance with research or briefs and provide other technical assistance requested by a public defender providing public defender services.
(7) Apply for and assist in the disbursement of federal funds or other grant money to aid the statewide public defender program, provided that such gifts, grants, and donations are not otherwise prohibited by law or rule.
(8) Perform all other duties assigned by the state public defender or the board.
C. In developing training and educational programs, the director of training shall work in conjunction with the regional director, where applicable, or district public defender to develop a scheduling for training which will consider the daily responsibilities and obligations of attorneys providing public defender services, and minimize any disruption of the delivery of public defender services.
Acts 2007, No. 307, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:154. Deputy public defender-director of juvenile defender services; qualifications; duties

RS 15:154 - Deputy public defender-director of juvenile defender services; qualifications; duties
A. The board shall employ a deputy public defender who shall act as the director of juvenile defender services and shall meet the following qualifications:
(1) Meet the qualifications provided for in R.S. 15:150(B).
(2) Be an attorney licensed to practice law in the United States with at least five years of experience as a criminal defense attorney or in juvenile law and if licensed as an attorney in a state other than Louisiana, become licensed as an attorney in this state within one year of being employed by the board.
B. The director of juvenile defender services shall:
(1) Assist the state public defender in working with criminal justice stakeholders, including judges, district attorneys, sheriffs, probation officers, and law enforcement officials to promote sound juvenile justice policies in relation to fair adjudication processes, and placement and treatment of juveniles charged in delinquency proceedings that focus on rehabilitation of the offender.
(2) Promote positive change in educational opportunities and mental health services and other treatment services for juveniles in the court system.
(3) Ensure that board policies and public pronouncements properly recognize that children and young adults do not possess the same cognitive, emotional, decisionmaking, or behavioral capacities as adults and, as such, require that special attention be given to the representation of juveniles to ensure uniformly competent representation.
(4) Perform all other duties assigned by the state public defender or the board.
Acts 2007, No. 307, §1; Acts 2013, No. 175, §1, eff. June 7, 2013.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:156. Information technology and management officer; qualifications; duties

RS 15:156 - Information technology and management officer; qualifications; duties
A. The board shall employ an information technology and management officer who shall meet the following qualifications:
(1) Meet the qualifications provided for in R.S. 15:150(B).
(2) Have expertise in database management, information systems integration, analysis, and programming, which shall include, at a minimum, possession of a bachelor's degree in information technology, or a master's degree in public administration or a related field, from an accredited university or college, or have five years of progressively responsible experience with database management, systems integration, systems analysis, programming, and mid-range client server and Internet systems, or an equivalent combination of education and experience.
B. The information technology and management officer shall:
(1) Oversee the central and core enabling technologies of the board, including the planning, organizing, supervising and directing of activities and operations of equipment and software and services in the regions.
(2) Ensure that data, including public defender workload, dispositions, frequency of client contact, duration of time from arrest to disposition, and other data points required to be maintained under Louisiana statutes or requested by the board, is maintained and compiled in a consistent, uniform, and timely manner through the development, training, and enforcement of data collection standards, policies, and procedures.
(3) Be responsible for instruction and training of board employees and service delivery contractors in the use of new or revised software or equipment.
(4) Prepare information technology operating and capital budgets.
(5) Develop and evaluate proposals for computer hardware, software, and networking equipment needs from the regions, where applicable, and the districts.
(6) Oversee and coordinate the purchase of information technology supplies and equipment for the board and the service regions.
(7) Employ consultants and vendors to perform information system specialized functions, as needed.
(8) Perform similar or related work as situations dictate or as required and directed by the state public defender and the board.
Acts 2007, No. 307, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:157. Trial-level compliance officer

RS 15:157 - Trial-level compliance officer
A. The board shall employ a trial-level compliance officer who shall meet the following qualifications:
(1) Meet the qualifications provided for in R.S. 15:150(B).
(2) Have expertise in matters of performance evaluation development and implementation.
(3) Be an attorney licensed to practice law in the United States with at least three years of experience as a criminal defense attorney, or possess a master's degree in public administration from an accredited school or university and possess five years of progressively responsible experience conducting organizational assessments and, if licensed as an attorney in a state other than Louisiana, become licensed as an attorney in this state within one year of being employed by the board.
B. The trial-level compliance officer shall:
(1) Develop evaluation protocols to assess trial-level district compliance with board-adopted standards and guidelines.
(2) Develop an effective evaluation implementation plan that allows for regular assessments and ongoing monitoring of each district public defender system's compliance of board-adopted standards and guidelines.
(3) Provide direct oversight of necessary staff to conduct regular assessments and ongoing monitoring.
(4) Make regular reports to the board on variances to board standards and guidelines with respect to each district.
(5) Perform all other duties assigned by the state public defender or the board.
C. All standards and guidelines for the delivery of public defender services shall be rules adopted by the board pursuant to R.S. 15:148 and in accordance with the Administrative Procedure Act.
D. Nothing in this Section shall supersede a district public defender's responsibility to supervise individual attorneys and staff in performance on specific cases, or to employ or terminate local attorneys and staff personnel.
Acts 2007, No. 307, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:158. Juvenile justice compliance officer

RS 15:158 - Juvenile justice compliance officer
A. The board shall employ a juvenile justice compliance officer who shall meet the following qualifications:
(1) Meet the qualifications provided for in R.S. 15:150(B).
(2) Have expertise in matters of performance evaluation development and implementation.
(3) Be an attorney licensed to practice law in the United States with at least three years of experience as a criminal defense attorney or in juvenile law, or possess a master's degree in public administration or a doctoral degree in any field from an accredited school or university and possess five years of progressively responsible experience conducting organizational assessments. If licensed as an attorney in a state other than Louisiana, the juvenile justice compliance officer shall become licensed as an attorney in this state within one year of being employed by the board.
B. The juvenile justice compliance officer shall:
(1) Develop evaluation protocols to assess district compliance with board- adopted standards and guidelines related to juvenile delinquency representation.
(2) Develop an effective evaluation implementation plan that allows for regular assessments and ongoing monitoring of each district's compliance of board- adopted standards and guidelines related to juvenile delinquency representation.
(3) Provide direct oversight of necessary staff to conduct regular assessments and ongoing monitoring related to juvenile delinquency representation.
(4) Make regular reports to the board on variances to board standards and guidelines with respect to each district related to juvenile delinquency representation.
(5) Perform all other duties assigned by the state public defender or the board.
C. All standards and guidelines for the delivery of juvenile justice services shall be rules adopted by the board pursuant to R.S. 15:148 and in accordance with the Administrative Procedure Act.
D. Nothing in this Section shall supersede a district public defender's responsibility to supervise individual attorneys and staff in performance on specific cases, or to employ or terminate local attorneys and staff personnel.
Acts 2007, No. 307, §1; Acts 2013, No. 175, §1, eff. June 7, 2013; Acts 2014, No. 214, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:159. Public defender service regions

RS 15:159 - Public defender service regions
A. The board is authorized to establish a maximum of eleven public defender service regions or "service regions" in the state of Louisiana to provide service to the board in fulfilling the duties of the board, as provided by this Part. The regions shall be defined by grouping contiguous judicial districts in a manner that provides for the most efficient, feasible, practical, and effective supervision and assistance to the districts by the regional office.
B. A regional office shall be maintained in each service region established by the board.
C. The service region shall provide supervision over the district offices, within that region, including budgetary and operational matters as provided in this Part.
D. The service region shall provide, as authorized by the board, such additional services as the board finds necessary to providing competent counsel in the judicial districts within the region, including but not limited to capital defense services, expert witness resources, and conflict counsel. Such additional services as the board deems necessary or advisable may be provided to clients through the regional offices.
E. Notwithstanding any other provision of law to the contrary, no service region shall be established which has a population in excess of five hundred thousand, as determined by the latest federal decennial census, unless a single judicial district having a population in excess of five hundred thousand, as determined by the latest federal decennial census, is established as a service region consisting of that single judicial district.
Acts 2007, No. 307, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:162.1. District public defender advisory boards

RS 15:162.1 - District public defender advisory boards
A. A district public defender may establish a district public defender advisory board to provide information, assistance, and guidance with respect to the delivery of public defender services in that judicial district.
B. The number of board members, the makeup of the board, and the frequency of meetings of the board shall be determined by the district public defender, upon consultation with district judges having criminal jurisdiction in that judicial district.
C. The advisory board may make comments, recommendations, findings, and suggestions regarding the delivery of indigent defender services in the judicial district.
D. The comments, recommendations, and findings of the district advisory board shall be documented and included in the annual report of the district to the board. Specific comments, recommendations, and findings of the district public defender advisory boards shall be considered by the board in its performance and compliance evaluation of the district but shall be nonbinding on the board.
E. Upon request of a district public defender advisory board, the Louisiana Public Defender Board shall provide an opportunity to the advisory board to appear before the Louisiana Public Defender Board to offer any comments, recommendations, findings, or suggestions regarding the delivery of public defender services for the district.
Acts 2007, No. 307, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:163. Regionalization of district public defender services by board

RS 15:163 - Regionalization of district public defender services by board
A. In certain cases the board shall regionalize and operate the public defender services of a district as a subdivision of the board through a regional office. When the public defender services of a district are taken over by the board in this manner, the district public defender shall be an employee of the region and the regional director shall be the manager and supervisor of the district public defender office. A regionalization of the operation of a district public defender program shall occur, by a majority vote of the board, upon a finding that one of the following conditions have occurred:
(1) The district, through its district public defender, petitions the board for the board to regionalize the delivery of indigent defender services in the district; or
(2) The board upon its own motion, or upon petition of a regional director, if applicable, finds that the district public defender office has failed after reasonable assistance, resourcing, and consultation with the board to reasonably meet performance standards mandated by the board or to comply with data reporting or any other rule adopted by the board; or
(3) Due to a natural disaster or catastrophic emergency, the district public defender cannot operate or function normally, provided that this shall apply for not longer than a period of six months, renewable by the board on an interim basis at six- month intervals.
B. In any district where the board takes over the operation of indigent defender services as provided by this Section the district office shall be maintained for client services in the judicial district. The district public defender in a district regionalized pursuant to the provisions of this Section shall be a day-to-day manager and shall work out of the district office.
C. When the operation of a district office is regionalized pursuant to the provisions of this Section, the supervision of compliance with state standards and guidelines shall be carried out by an officer of the board as part of its supervision of the regional office.
D. Prior to regionalizing a district as provided for in this Section, the board shall send written notice of the public hearing as required in Subsection E of this Section, to the chief judge, the district advisory board, if applicable, and the district public defender of that judicial district of the board's intention to regionalize the district.
E.(1) Prior to regionalizing a district as provided for in this Section, the board shall conduct a public hearing regarding regionalization of a district, and provide the public an opportunity to offer comment on the regionalization.
(2) The public hearing provided for by this Subsection may be conducted at a regular meeting of the board provided proper notice is provided to the public as required by this Subsection.
Acts 2007, No. 307, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:166. Disbursement of funds

RS 15:166 - Disbursement of funds
A. The board shall not disburse funds to a non-governmental entity unless it establishes a benefit to the function of the board pursuant to law, and unless services are actually delivered. Under no circumstances shall the board disburse state funds for the purpose of savings, reserves, or other purposes related primarily to the economic health of the non-governmental entity or its owners and employees.
B. Any service which the board seeks, other than the Louisiana Appellate Project or the Capital Appeals Project, which are statewide programs, shall be subject to an application process by which the board provides objective deliverables and allows the district defenders to make application upon the same terms as a non-governmental entity to provide services in that district or a regional area for services as provided by law.
C. No provision of Louisiana law authorizing the return or rollback of funds from governmental programs to the division of administration shall apply to the board account during an emergency shortfall in funding as certified by the board with the approval of the chief justice of the Louisiana Supreme Court.
Acts 2016, No. 571, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:167. Louisiana Public Defender Fund

RS 15:167 - Louisiana Public Defender Fund
A. "The Louisiana Public Defender Fund", hereinafter referred to as the "LPD Fund", is hereby created in the state treasury. Interest earned on the investment of monies in the fund shall be deposited in and credited to the fund. Unexpended and unencumbered monies in the fund at the close of each fiscal year shall remain in the fund. Monies in the fund shall be appropriated, administered, and used solely and exclusively for purposes of the Louisiana Public Defender Act and program and as further provided in this Section.
B. The fund shall be comprised of all monies appropriated, donated, or otherwise made available to provide funding for the provisions of the Louisiana Public Defender Act. All of such monies required to be deposited in the state treasury in accordance with Article VII, Section 9(A) of the Constitution of Louisiana shall be deposited in the fund after first meeting the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund.
C. Monies in the fund shall be appropriated and used solely and exclusively to provide for the implementation of the Louisiana Public Defender Act and the program.
D. The LPD Fund shall be administered by the board as authorized by the provisions of the Louisiana Public Defender Act. The board is hereby authorized to establish such accounts or sub-accounts within the LPD Fund as deemed necessary to comply with the provisions of the Louisiana Public Defender Act and the program. The board shall not commingle the monies in the LPD Fund established in this Section with any other monies or funds of the board for any reason.
E. The board shall dedicate and disburse at least sixty-five percent of the entirety of its annual budget and its funds in the Louisiana Public Defender Fund as defined in Subsection A of this Section each fiscal year to the district defender offices and their indigent defender funds as defined in R.S. 15:168(A) in the various judicial districts throughout the state. Any funds disbursed to any district defender office shall be paid in addition to the minimum mandatory sixty-five percent of dedicated and disbursed funds required in this Subsection. The provisions of this Subsection shall not apply to statutorily dedicated funds or funds received through the awarding of grants.
Acts 2007, No. 307, §1; Acts 2016, No. 571, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:169. Representation of capital defendants

RS 15:169 - Representation of capital defendants
A. In cases where a sentence of death has been imposed, the board shall promptly cause counsel to be enrolled to represent the defendant. The board shall adopt rules and retain only such staff counsel or other counsel, who will work under the supervision of the board, as are necessary to provide counsel to represent capital defendants on direct appeal to the Supreme Court of Louisiana and to seek post-conviction relief if appropriate in state and federal court. The board shall also adopt rules regarding the provision of reasonably necessary services associated with the proceedings, including investigative, expert, and other services. The rules shall require that funds to pay for such reasonably necessary services shall be provided only upon a written showing specifically identifying the nature of the services, the cost of such services, and the need for such services with mandatory guidelines for compensation and litigation expense maximums. The board may seek funding as is available under federal law or from other public and private sources to cover the costs of providing representation in connection with applications for post-conviction relief filed in state and federal court.
B. Staff counsel, or other counsel, who represented convicted capital defendants in state court proceedings may, if authorized by the board, accept appointments from federal court to represent those defendants, but only if compensation is provided by funds as directed by the appointing federal court. Such funds shall remain subject to the use of the board and may be used for paying the costs of such representation. No state-appropriated funds shall be expended for the representation of capital defendants in federal court.
Acts 2007, No. 307, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:173. Right of action not created

RS 15:173 - Right of action not created
A. It is not the intent of the legislature to create any new right, right of action, or cause of action or eliminate any right, right of action, or cause of action existing under current law. Nothing in the provisions of this Part shall create, expressly or by implication, any right, claim, or cause of action in favor of anyone in connection with the delivery of indigent defender services.
B. In addition to the provisions of Subsection A of this Section, nothing herein, nor any standards, guidelines, or rules adopted as a result hereof, shall be construed to provide any criminal defendant the basis of any claim that the attorney or attorneys appointed to represent him pursuant to this statute performed in an ineffective manner. It shall be presumptive evidence that any attorney performing criminal defense services pursuant to the auspices of this statute is currently certified to have met the standards and guidelines adopted by the board to provide criminal defense services in an effective manner. Nothing contained herein shall be construed to overrule, expand, or extend, whether directly or by analogy, the decision reached by the United States Supreme Court in
Strickland v. Washington
, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984) nor its progeny as adopted by the Louisiana Supreme Court.
Acts 2007, No. 307, §1; Acts 2008, No. 220, §6, eff. June 14, 2008.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:174. Special reporting requirements; penalties

RS 15:174 - Special reporting requirements; penalties
A. In addition to the general oversight requirements provided by law, each district or service region, where applicable, shall submit an annual report to the Louisiana Public Defender Board no later than February first of each year, commencing in 2009. The report, using the uniform definition of a "case" as defined in Subsection C of this Section, shall include detailed information of the workload, resources, employees, and expenditures for each district or service region, where applicable, for the previous fiscal year. The report shall also include the number of Families in Need of Services (FINS) petitions, Child in Need of Care (CINC) petitions, and child support petitions handled by each service region.
B.(1) The district public defender, and director of each service region, where applicable, shall be responsible for preparing, completing, and submitting the annual report to the Louisiana Public Defender Board as provided for in Subsection A of this Section.
(2) The district public defender shall be subject to the penalties provided for in Paragraph (3) of this Subsection, payable out of the judicial district indigent defender fund, if any of the following occur:
(a) The failure to file a report.
(b) The failure to timely file a report.
(c) The failure to disclose or accurately disclose any required information.
(d) The filing of a false report.
(3) The amount of the penalty shall be one hundred dollars for each day until the report or the required accurate information is filed.
C. For purposes of this Section, a "case" is defined as a charge or set of charges contained in a charging instrument or petition against a single accused arising out of one or more events, transactions, or occurrences, which are joined, or which may be joined pursuant to Code of Criminal Procedure Articles 490 through 495.1. Cases that involve multiple persons accused are counted as a separate case for each person accused. Cases that involve multiple charges or counts are recorded with the highest charge, based on the severity of sentence for the crime charged, as the case type. Multiple charges against a single person for the issuing of worthless checks shall be counted as a single case. Each appeal, after conviction, shall be counted as a separate case. In the event that a charging instrument contains a charge or set of charges arising out of multiple events, transactions, or occurrences, indigent defender boards shall track, record, and report the number of such instances per charging instrument.
Acts 2007, No. 307, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:176. Partial reimbursement by indigents

RS 15:176 - Partial reimbursement by indigents
A. To the extent that a person is financially able to provide for an attorney, other necessary services, and facilities of representation and court costs, the court shall order him to pay for these items. The court may order payment in installments, or in any manner which it believes reasonable and compatible with the defendant's financial ability.
B.(1) Payments so made shall be transmitted to and become a part of the indigent defender fund of the district in which the person is prosecuted.
(2) The district public defender, or service region, where applicable, shall have the authority to recoup funds expended under this Section through the refund offset provisions pursuant to R.S. 47:299.1 through 299.20.
C.(1) When an accused is initially determined to be indigent and appointed counsel but subsequently hires private counsel, the court shall conduct a contradictory hearing to determine the expenses of representing the accused incurred by the district office or the service region, where applicable. Upon determining the expenses incurred, the accused shall, within the discretion of the court, be liable to reimburse the district office or service region, where applicable, those expenses, upon a determination that the accused was in fact not initially indigent. A judgment for the amount owed may be recorded in the mortgage records in favor of the board for the payment of money against the accused and may be enforced as provided by law.
(2) All funds received by the district office shall be deposited into the judicial district indigent defender fund as provided for in R.S. 15:168.
(3) Failure of the accused to disclose the full amount involved in the hiring shall constitute grounds for contempt of court.
Acts 2007, No. 307, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:178. Appointment of appellate and post-conviction counsel in death penalty case

RS 15:178 - Appointment of appellate and post-conviction counsel in death penalty case
In a capital case in which the trial counsel was provided to an indigent defendant and in which the jury imposed the death penalty, the court, after imposition of the sentence of death, shall appoint the Louisiana Public Defender Board, which shall promptly cause to have enrolled counsel to represent the defendant on direct appeal and in any state post-conviction proceedings, if appropriate.
Acts 2007, No. 307, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:179. Appointment of counsel at parole revocation and prerevocation hearings

RS 15:179 - Appointment of counsel at parole revocation and prerevocation hearings
A. The Department of Public Safety and Corrections shall provide legal representation for each indigent parolee who is charged with violating the conditions of his parole with respect to which he has the right to a parole revocation or prerevocation hearing, if the indigent parolee is entitled by law to representation by counsel and if the parolee requests such representation.
B. The department may appoint counsel or may request that a district court judge in the parish where a parole revocation or prerevocation hearing is to be held appoint counsel to represent the indigent parolee. When requested to do so, the court shall have counsel appointed.
C. Attorneys appointed under the provisions of this Section shall be paid reasonable compensation and reimbursement for expenses necessarily incurred, which shall be fixed and paid by the Department of Public Safety and Corrections.
Added by Acts 1976, No. 653, §1; Acts 2007, No. 307, §16.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:180. Special reporting requirements

RS 15:180 - Special reporting requirements
In addition to the general oversight requirements provided by law, the board shall submit an annual report to the legislature not later than February first of each year, commencing in 1999. The report shall include a comprehensive status report on the board's activities, the number of meetings of the board and attendance, expenditures, decisions, and actions for the previous fiscal year. The report shall be directed to the chairmen of the standing committees of the Senate and the House of Representatives with subject matter jurisdiction over criminal justice matters.
Acts 1997, No. 1361, §1, eff. Dec. 31, 1997; Acts 2007, No. 307, §16.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:181. Limited effect

RS 15:181 - Limited effect
The provisions of this Part are intended to facilitate the providing of legal services and related expenses only to the extent required by the Constitution of Louisiana or the Constitution of the United States of America and specific statutory provisions affording the right of counsel to indigent defendants in criminal cases. No provision of this Part or rule adopted pursuant thereto creates or shall be construed to confer substantive or procedural rights in favor of any person accused of an offense.
Acts 1997, No. 1361, §1, eff. Dec. 31, 1997; Acts 2007, No. 307, §16; Acts 2008, No. 220, §6, eff. June 14, 2008.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:182. Limited effect in capital cases

RS 15:182 - Limited effect in capital cases
The provisions of R.S. 15:178 are intended for the sole and exclusive purpose of providing legal services and related expenses for capital defendants who have been sentenced to death and are not intended to confer substantive or procedural rights not otherwise provided by law.
Acts 1999, No. 1012, §1; Acts 2007, No. 307, §16; Acts 2008, No. 220, §6, eff. June 14, 2008.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:183. Effect of signing of pleadings

RS 15:183 - Effect of signing of pleadings
The provisions of Code of Civil Procedure Article 863 shall be applicable to any petition for post-conviction relief and related or responsive pleadings filed by counsel for petitioner or respondent pursuant to the provisions of Code of Criminal Procedure Articles 924 through 930.8.
Acts 1999, No. 1012, §1; Acts 2007, No. 307, §16.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:571.12. Louisiana Society for the Prevention of Cruelty to Children to receive fines

RS 15:571.12 - Louisiana Society for the Prevention of Cruelty to Children to receive fines
All fines, penalties, and forfeitures incurred and appearance bonds forfeited in prosecutions instituted or conducted by the Louisiana Society for the Prevention of Cruelty to Children shall be turned over to the Society.
The Society shall have a right of action to recover all fines, penalties, and forfeitures, and forfeited appearance bonds in its own name in the civil courts of this state when they are not collected in the court in which incurred or the existing laws do not provide for their collection.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:571.13. Supervised release of parish prisoners; rules of conduct; revocation

RS 15:571.13 - Supervised release of parish prisoners; rules of conduct; revocation
A. When a prisoner who has been sentenced to a parish prison is released pursuant to this Part, he may be released as if on parole.
B. A prisoner released in accordance with Subsection A herein shall be supervised by the sheriff, the keeper of the parish prison if not the sheriff, or, in Orleans Parish, the criminal sheriff of Orleans Parish. Such supervision shall be for the remainder of the original full term of the prisoner's sentence and shall be performed in the same manner and to the same extent as supervision of a prisoner committed to the Department of Public Safety and Corrections who is released on parole.
C. The supervisor may make rules for the conduct of a prisoner while he is on release and may also require, either at the time of release or at any time while on release, that the prisoner conform to the following conditions:
(1) Residence in a community rehabilitation or work release center.
(2) Restitution to a victim of the crime for which release is being sought, if such victim has suffered a direct pecuniary loss as a result of the crime.
(3) Community service work, as determined by the supervisor.
(4) Payment into a victim compensation or service fund.
(5) Obtaining gainful employment.
(6) Continuing education or vocational training.
(7) Participation in a substance abuse treatment facility program or other counselling program.
(8) Defraying the cost, or any portion thereof, of his supervision by making payments to the supervisor in a sum and manner to be determined by the supervisor, based on his ability to pay.
(9) Any other condition which may be applied under R.S. 15:574.4(H) to a prisoner committed to the Department of Public Safety and Corrections who is released on parole.
D. A prisoner released in accordance with this Section shall be subject to having the release revoked for violation of the release conditions. The supervisor shall establish rules and regulations governing the revocation of release.
E. Upon revocation of release, the prisoner shall be recommitted to the parish prison in order to serve the full term of his sentence.
Acts 1985, No. 712, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:185.1. Purpose

RS 15:185.1 - Purpose
The purpose of this Part is to provide for an effective and efficient system of providing qualified legal representation, including curatorship appointments, for indigent or absent parents in child abuse and neglect cases as required by the provisions of the Louisiana Children's Code. The uniform standards and guidelines and the program to provide for representation, including curatorship appointments, of indigent or absent parents in child abuse and neglect cases shall be incrementally implemented and effected throughout the state.
Acts 2007, No. 95, §2; Acts 2016, No. 407, §2, eff. June 5, 2016.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:185.2. Definitions

RS 15:185.2 - Definitions
As used in this Part, the following words shall have the following meanings:
(1) "Board" means the Louisiana Public Defender Board, or any successor to that board, which is authorized to regulate the providing of legal services to indigent persons in criminal proceedings in which the right to counsel attaches under the United States and Louisiana constitutions. The board is also authorized to regulate the providing of representation to indigent parents as authorized by this Part.
(2) "Child abuse and neglect case" means a child protection proceeding conducted by a court exercising juvenile jurisdiction involving the abuse or neglect of children as provided specifically in Titles VI, X, and XI, of the Louisiana Children's Code.
(3) "District office" means the office of a district public defender.
(4) "District public defender", "chief indigent defender", or "chief public defender" means an attorney employed by or under contract with the board to supervise service providers and enforce standards and guidelines within a judicial district or multiple judicial districts.
(5) "Indigent Parents' Program" or "the program" means the Indigent Parents' Representation Program required by the Louisiana Children's Code and administered in accordance with the provisions of R.S. 15:185.1 through 185.9.
(6) "Indigent parent representation" means the providing of legal services to indigent or absent parents in child abuse and neglect cases as required by the provisions of the Louisiana Children's Code.
(7) "Public defender" or "indigent defender" means an attorney employed by or under contract with the board, the district public defender, or a nonprofit organization contracting with the board or the district public defender to provide representation, including curatorship appointments, to indigent or absent parents in child abuse and neglect cases as required by the provisions of the Louisiana Children's Code.
(8) "Revenue" or "self-generated revenue" means all revenue received by a judicial district except revenue received as a result of grants, donations, or other forms of assistance when the terms and conditions thereof or of agreements pertaining thereto require otherwise.
(9) "Task Force on Legal Representation in Child Protection Cases" means the task force created by House Concurrent Resolution No. 44 of the 2003 Regular Session of the Legislature.
Acts 2007, No. 95, §2; Acts 2016, No. 407, §2, eff. June 5, 2016.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:185.6. Special reporting requirements; indigent parent representation cases; penalties

RS 15:185.6 - Special reporting requirements; indigent parent representation cases; penalties
A. In addition to the general oversight requirements provided by law, each district public defender, or regional director, where applicable, shall submit an annual report to the board no later than February first of each year, commencing in 2008. The report, using the uniform definition of a "case" as defined in Subsection C of this Section, shall include detailed information of the district's workload, resources, employees, and expenditures for the previous fiscal year.
B.(1) The district public defender shall be responsible for preparing, completing, and submitting the annual report to the board as provided for in Subsection A of this Section.
(2) The district public defender shall be subject to the penalties provided for in Paragraph (3) of this Subsection, payable out of the judicial district indigent defender fund, to the board if any of the following occur:
(a) The failure to file a report.
(b) The failure to timely file a report.
(c) The failure to disclose or accurately disclose any required information.
(d) The filing of a false report.
(3) The amount of the penalty shall be one hundred dollars for each day until the report or the required accurate information is filed.
C. For purposes of this Section, a "case" is defined as a proceeding initiated by the state against an indigent or absent parent or parents pursuant to Title VI or Title X of the Louisiana Children's Code. Any appeal from a final judgment in such cases shall be counted as a separate case. In the event that a case involves multiple children, the district public defender, or regional director, where applicable, shall track, record, and report the number of children per case.
D. The board shall draft, administer, and furnish reporting forms to the district public defender which request detailed information of the district's workload, resources, employees, and expenditures for the previous fiscal year based on the uniform definition of a "case" as defined in Subsection C of this Section.
Acts 2007, No. 95, §2; Acts 2016, No. 407, §2, eff. June 5, 2016.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:185.7. Rights of action; interpretation of Part

RS 15:185.7 - Rights of action; interpretation of Part
A. It is not the intent of the legislature to create any new right, right of action, or cause of action or eliminate any right, right of action, or cause of action existing under current law. Nothing contained in the provisions of this Part shall create, expressly or by implication, any right, claim, or cause of action in favor of anyone in connection with the delivery of indigent and absent parent representation.
B. In addition to the provisions of Subsection A of this Section, nothing herein, nor any standards, guidelines, or rules adopted as a result hereof, shall be construed to provide any person the basis of any claim that the attorney or attorneys appointed to him pursuant to this statute performed in an ineffective manner. It shall be presumptive evidence that any attorney performing indigent or absent parent representation pursuant to the auspices of this statute is currently certified to have met the standards and guidelines adopted by the board to provide indigent or absent parent representation in an effective manner.
C. Nothing contained in this Part shall be construed to overrule, expand, or extend, directly or by analogy, the duties of attorneys providing representation of indigent or absent parents as otherwise required by the provisions of the Louisiana Children's Code.
Acts 2007, No. 95, §2; Acts 2016, No. 407, §2, eff. June 5, 2016.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:185.8. Auditing; district reporting

RS 15:185.8 - Auditing; district reporting
Each district public defender shall work in conjunction with the legislative auditor in developing uniform audit reports regarding the representation of indigent or absent parents as required by R.S. 24:515.1, which shall require the following to be included in that report:
(1) The amount of all state revenue provided by the legislature from general or special appropriations, or revenue passed through by state agencies.
(2) The amount of all revenue provided by local government from general or special appropriations, appropriations required by law, and revenue from the criminal court fund.
(3) The amount of grant funding from federal pass-through or categorical grants, grants from nonprofit organizations, and private and corporate foundations.
(4) The amount of funding received from any self-generated revenue.
Acts 2007, No. 95, §2; Acts 2016, No. 407, §2, eff. June 5, 2016.