reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Code of Criminal Procedure › Art. 876. Sentence for crime committed as a child

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.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 877. Protection of investigation reports

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.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 880. Credit for prior custody; limitations

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.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 881. Amendment of sentence

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.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 881.2. Review of sentence

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.}}
2023 Louisiana Laws › Code of Criminal Procedure › Art. 881.3. Record on review of sentence

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.}}
2023 Louisiana Laws › Code of Criminal Procedure › Art. 881.4. Action by appellate court

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.}}
2023 Louisiana Laws › Code of Criminal Procedure › Art. 881.5. Correction of illegal sentence by trial court

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.}}
2023 Louisiana Laws › Code of Criminal Procedure › Art. 881.6. Reducing a sentence for substantial assistance

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.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 882. Correction of illegal sentence; review of illegal sentence

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.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 883. Concurrent and consecutive sentences

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.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 883.1. Sentences concurrent with sentences of other jurisdictions

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.}}
2023 Louisiana Laws › Code of Criminal Procedure › Art. 883.2. Restitution to victim

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.
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.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 884. Sentence of fine with imprisonment for default

Art. 884. Sentence of fine with imprisonment for default
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.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 885. Release on payment of fine and costs

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.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 886. Enforcement of fine by civil process; offset of tax refund

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.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 886.1. Judgment for fines and costs declared executory; required notice

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.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 888. Costs and fines; payment

Art. 888. Costs and fines; payment
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.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 890. Method of service of sentence of imprisonment; labor and confinement; workday release program

Art. 890. Method of service of sentence of imprisonment; labor and confinement; workday release program
A. A sentence of imprisonment in the state penitentiary shall be served in conformity with the applicable provisions of Title 15 of the Louisiana Revised Statutes of 1950 that govern the state penitentiary.
B. Except in misdemeanor cases, any other sentence of imprisonment subjects the defendant to confinement, and to labor unless otherwise specified.
C. In all misdemeanor cases in which a sentence of imprisonment is imposed and the sentencing court has ordered the defendant to report to the sheriff for participation in a court-approved workday release program during the term of imprisonment, the defendant shall be subjected to confinement and costs as provided for in R.S. 15:708.
Acts 1986, No. 704, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 890.2. Fines for individual defendants

Art. 890.2. Fines for individual defendants
A. When a defendant has been convicted of a felony, and upon a determination that a defendant has the ability and resources available to pay an additional fine and that such a fine would not unduly burden the defendant's dependents, the court may impose as an additional fine or as a component of a fine the expected costs to the state of any imprisonment ordered by the court and prescribe the manner in which the fine shall be enforced and paid.
B. The additional fine or component of the fine may be imposed contingent upon the defendant's ability to pay the fine while incarcerated from any future sources of income the defendant may receive while incarcerated.
C. The Department of Public Safety and Corrections may determine the amount due the state in cases where the defendant is confined in a penal or correctional institution under the supervision of the department and render statements thereof, and such sworn statements shall be considered prima facie evidence of the amount due. If the defendant is committed to the department and confined in a parish jail or institution as provided for in R.S. 15:824(B), the amount of the additional fine or component of the fine shall be equal to the amount paid by the department to the parish sheriff or governing authority of those parishes in which the governing authority operates the parish jail, for keeping and feeding the individual in the parish jail.
D. The amount of reimbursement under this Article shall not be in excess of the per capita cost of care for maintaining inmates in the state correctional facility in which the inmate is housed. The funds collected from the fines imposed pursuant to this Article shall be distributed to the entity that expended the funds. However, ten percent of the funds shall go to the Crime Victims' Reparation Fund as provided in R.S. 46:1816.
Acts 1997, No. 751, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 890.3. Sentencing for crimes of violence

Art. 890.3. Sentencing for crimes of violence
A. Except as provided in Paragraph C of this Article, when a defendant is sentenced for any offense, or the attempt to commit any offense, defined or enumerated as a crime of violence in R.S. 14:2(B), the district attorney may make a written recommendation to the court that the offense should not be designated as a crime of violence only for the following purposes:
(1) The defendant's eligibility for suspension or deferral of sentence pursuant to Article 893.
(2) The defendant's eligibility for participation in a drug division probation program pursuant to R.S. 13:5304.
B. In the absence of a written recommendation by the district attorney as provided in Paragraph A of this Article, the offense shall be designated as a crime of violence as a matter of law.
C. The following crimes of violence enumerated in R.S. 14:2(B) shall always be designated by the court in the minutes as a crime of violence:
(1) Solicitation for murder.
(2) First degree murder.
(3) Second degree murder.
(4) Manslaughter.
(5) Aggravated or first degree rape.
(6) Forcible or second degree rape.
(7) Simple or third degree rape.
(8) Sexual battery.
(9) Second degree sexual battery.
(10) Intentional exposure to AIDS virus.
(11) Aggravated kidnapping.
(12) Second degree kidnapping.
(13) Aggravated arson.
(14) Armed robbery.
(15) Assault by drive-by shooting.
(16) Carjacking.
(17) Terrorism.
(18) Aggravated second degree battery.
(19) Aggravated assault with a firearm.
(20) Armed robbery; use of firearm; additional penalty.
(21) Second degree robbery.
(22) Disarming of a peace officer.
(23) Second degree cruelty to juveniles.
(24) Aggravated crime against nature.
(25) Trafficking of children for sexual purposes.
(26) Human trafficking.
(27) Home invasion.
Acts 2016, No. 509, §1; Acts 2017, No. 196, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 892. Post-sentence statement by sheriff; accompanying documents

Art. 892. Post-sentence statement by sheriff; accompanying documents
A. The sheriff shall prepare a statement indicating the amount of time a defendant has spent in custody prior to conviction when the defendant has been convicted of a felony and is committed to the Department of Public Safety and Corrections, has been convicted of a misdemeanor and sentenced for a term of one year or more to any penal institution, or has been ordered committed to any mental institution or mental hospital. The sheriff shall retain a copy of the statement and submit the original to the sheriff of the parish to which the defendant is sentenced.
B.(1) When a sheriff's statement is required pursuant to Paragraph A of this Article, the clerk of court shall also prepare the following documents:
(a) A copy of the indictment under which the defendant was convicted.
(b) A copy of the Uniform Sentencing Commitment Order in the format authorized by the Louisiana Supreme Court which shall include the name and address of the judge, the district attorney, and the defense attorney who participated in the sentencing trial. 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.
(2) The clerk shall retain a copy of the statement and documents and send the original to the sheriff of the parish to which the defendant has been sentenced, where they shall be preserved. The documents, or copies thereof, shall be made available to the governor, the pardon board, and the parole committee.
C. All statements and documents required by this Article shall physically accompany any defendant when said defendant is transferred to a penal institution or a mental institution or mental hospital. Said documents and statements shall be tendered to the officer in charge of the institution at the time that the defendant is presented for admittance thereto.
D. Failure to comply with the provisions of this Article shall not affect the validity of a prosecution, conviction, or sentence.
Amended by Acts 1975, No. 731, §1; Acts 1977, No. 608, §1; Acts 1978, No. 179, §1; Acts 1982, No. 543, §1; Acts 1987, No. 98, §1; Acts 2011, No. 186, §1; Acts 2017, No. 36, §1; Acts 2017, No. 98, §1, eff. December 1, 2017.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 892.2. Notice of controlled dangerous substance conviction; licensing authority

Art. 892.2. Notice of controlled dangerous substance conviction; licensing authority
When a person is convicted of violating any felony provision of the Uniform Controlled Dangerous Substances Law, the court imposing sentence shall determine if the defendant possesses a license to practice a trade, occupation, or profession in this state and, if so, the court shall cause notice of the conviction to be forwarded to the appropriate licensing authority.
Acts 1989, No. 81, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 892.3. Transfer of foreign nationals or citizens; treaty

Art. 892.3. Transfer of foreign nationals or citizens; treaty
When a treaty is in effect between the United States and a foreign country providing for the transfer of a convicted offender who is a citizen or national of the foreign country to the foreign country or the transfer of a citizen of the United States convicted as an offender in the foreign country to the United States, the governor is authorized, subject to the terms of such treaty, to act on behalf of the state and to consent to the transfer of such convicted offenders under the provisions of Article IV, Section 5(A) of the Constitution of Louisiana.
Acts 1990, No. 514, §1, eff. July 18, 1990.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 893.1. Motion to invoke firearm sentencing provision

Art. 893.1. Motion to invoke firearm sentencing provision
A. If the district attorney intends to move for imposition of sentence under the provisions of Article 893.3, he shall file a motion within a reasonable period of time prior to commencement of trial of the felony or specifically enumerated misdemeanor in which the firearm was used.
B. The motion shall contain a plain, concise, and definite written statement of the essential facts constituting the basis for the motion and shall specify the provisions of this Chapter under which the district attorney intends to proceed.
Added by Acts 1981, No. 139, §1; Acts 1988, No. 319, §1; Acts 1999, No. 575, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 893.2. Discharge, use, or possession of firearm in commission of a felony or a specifically enumerated misdemeanor; submission to jury

Art. 893.2. Discharge, use, or possession of firearm in commission of a felony or a specifically enumerated misdemeanor; submission to jury
If a motion was filed by the state in compliance with Article 893.1, a determination shall be made as to whether a firearm was discharged, or used during the commission of the felony or specifically enumerated misdemeanor, or actually possessed during the commission of a felony which is a crime of violence as defined by R.S. 14:2(B); felony theft; simple burglary; simple burglary of an inhabited dwelling; unauthorized entry of an inhabited dwelling; production, manufacturing, distribution, dispensing, or possession with intent to produce, manufacture, distribute, or dispense a controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Law; or specifically enumerated misdemeanor and whether the mandatory minimum sentencing provisions of Article 893.3 have been shown to be applicable. Such determination is a specific finding of fact to be submitted to the jury and proven by the state beyond a reasonable doubt.
Acts 1988, No. 319, §1; Acts 1999, No. 575, §1; Acts 2019, No. 326, §1, eff. June 11, 2019; Acts 2021, No. 349, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 893.4. Inapplicability to unintentional felonies

Art. 893.4. Inapplicability to unintentional felonies
The provisions of Article 893.3 shall not apply to a conviction for a felony in which criminal negligence is an element of the offense unless the firearm was actually used or discharged during the commission of the offense.
Acts 1988, No. 319, §1; Acts 1999, No. 575, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 893.5. Community service in lieu of imprisonment

Art. 893.5. Community service in lieu of imprisonment
A. Except as otherwise prohibited by law, the court may suspend, in whole or in part, the imposition or execution of sentence if:
(1) The defendant has not previously been convicted of a felony.
(2) The maximum term of imprisonment for the offense is thirty years or less.
(3) The court imposes a period of court-approved community service of not less than two nor more than five years.
(4) The court specifies in written form in the court record the reason for the imposition of community service in lieu of imprisonment.
B. An offender sentenced under the provisions of this Article shall be subject to all conditions of supervised probation imposed by the court or as set forth by law. The offender may have his probation revoked or modified as provided by law and shall not be allowed credit for time spent doing community service or for the time elapsed during suspension of the sentence.
Acts 1990, No. 462, §1; Acts 1991, No. 406, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 894.3. Notice to victim for sentencing

Art. 894.3. Notice to victim for sentencing
A. Before sentencing a defendant who has been convicted of a violation of a sex offense as defined in R.S. 15:541, the office of the district attorney shall notify the clerk of court of the name and the address of the victim, and the clerk of court shall give written notice of the date and time of sentencing at least three days prior to the hearing, when the sentencing is not immediately following the finding of guilt, to the victim or the victim's parent or guardian, unless the victim, parent, or guardian has advised the office of the district attorney in writing that such notification is not desired.
B. The victim or the victim's parent or guardian who desires to do so shall be given a reasonable opportunity to attend the hearing and to be heard.
Acts 1992, No. 962, §1; Acts 1995, No. 1290, §3; Acts 2001, No. 1206, §3.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 894.4. Probation; extension

Art. 894.4. Probation; extension
Probation shall neither be revoked nor extended based solely upon the defendant's inability to pay fines, fees, or restitution to the victim.
Acts 2006, No. 823, §1; Acts 2010, No. 808, §1; Acts 2017, No. 260, §1, eff. Aug. 1, 2018; Acts 2018, No. 137, §1, eff. Aug. 1, 2018; Acts 2018, No. 668, §1, eff. Aug. 1, 2019, §4, eff. Aug. 1, 2018; Acts 2021, No. 313, §§3B and 4, see Act.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 894.5. Submission of DWI - Code of Criminal Procedure Article 894 Plea Records to office of motor vehicles; forms to be used and completed by the clerk of court

Art. 894.5. Submission of DWI - Code of Criminal Procedure Article 894 Plea Records to office of motor vehicles; forms to be used and completed by the clerk of court
TRANSMITTAL OF RECORDS OF DWI PLEA PURSUANT TO ARTICLE 894
_____________________________
_____________________________
_____________________________
________________
DATE
OFFICE OF MOTOR VEHICLES
P.O. BOX 64886
BATON ROUGE, LA 70896
NAME_____________________DRIVERS LICENSE#____________________
DATE OF BIRTH:____________OFFENSE DATE:_______________________
SS#________________________DOCKET NO:__________________________
TICKET NO:______________________
☐ Attached is a certified copy of the court minutes, original/certified copy of fingerprints, and proof of the requirements as set forth in the Code of Criminal Procedure Article 556.1, as well as a $50.00 money order or certified funds made payable to the office of motor vehicles, in reference to the above named defendant.
NOTE: Do not use this form to submit records of a DWI expungement pursuant to Code of Criminal Procedure Article 984.
Acts 2015, No. 200, §2.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 895.2. Probation; restitution for values of wildlife

Art. 895.2. Probation; restitution for values of wildlife
A. In all cases in which the defendant has been convicted of a crime which involves the illegal taking of wild birds, wild quadrupeds, or fish or other aquatic life in violation of the provisions of Title 56 of the Louisiana Revised Statutes of 1950 or of any rules and regulations promulgated thereunder, or any rules and regulations adopted by the Louisiana Wildlife and Fisheries Commission, the court shall, as a condition of probation, order civil restitution to the state of Louisiana, Department of Wildlife and Fisheries Conservation Fund, for the value of the said wild birds, wild quadrupeds, or fish or other aquatic life illegally taken. This restitution shall be in accordance with a schedule of wildlife and aquatic life species values promulgated by the Louisiana Wildlife and Fisheries Commission in accordance with the Administrative Procedure Act.
B. If any assessment of civil penalties has been paid in full to the Department of Wildlife and Fisheries, then the court shall not order the restitution provided for in Paragraph A as a condition of probation.
Acts 1988, No. 169, §1; Acts 2001, No. 804, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 895.3. Probationer transferred between states; fees

Art. 895.3. Probationer transferred between states; fees
The collection of the supervision fee imposed pursuant to Articles 895 and 895.1 shall be suspended upon the transfer of an offender to another state for probation supervision in that state, pursuant to the provisions of the interstate compact for out of state parolee supervision as provided in R.S. 15:574.14.
Acts 1991, No. 119, §2.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 896. Modifying or changing conditions of probation

Art. 896. Modifying or changing conditions of probation
A. The court may, at any time during the probation period, modify, change, or discharge the conditions of probation when either of the following occur:
(1) The state has previously provided written verification that it has no opposition to a modification, change, or discharge of the conditions of probation.
(2) A contradictory hearing with the state, set by the court, has been held. The court shall provide notice of the hearing to the state at least fifteen days prior to the hearing date.
B. The court may, at any time during the probation period, impose additional conditions of probation authorized by Article 895 of this Code without a contradictory hearing with the state.
Acts 2014, No. 275, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 897. Termination of probation or suspended sentence; discharge of defendant

Art. 897. Termination of probation or suspended sentence; discharge of defendant
A. In a felony case, the court may terminate the defendant's probation, early or as unsatisfactory, and discharge him at any time after the expiration of one year of probation when either of the following occur:
(1) The state has previously provided written verification that it has no opposition to the termination of the probation.
(2) A contradictory hearing with the state, set by the court, has been held. The court shall provide notice of the hearing to the state at least fifteen days prior to the hearing date.
B. In a misdemeanor case, the court may terminate the defendant's suspended sentence or probation and discharge him at any time when all of the following conditions are met:
(1) The termination or discharge is ordered in open court.
(2) The state is present at the time the termination or discharge is ordered and has been afforded an opportunity to participate in a contradictory hearing on the matter.
Acts 2014, No. 275, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 899. Arrest or summons for violation of probation

Art. 899. Arrest or summons for violation of probation
A. At any time during probation and suspension of sentence the court may issue a warrant for the arrest of a defendant for violation of any of the conditions of probation, or may issue a summons to appear to answer to a charge of violation or threatened violation.
The warrant of arrest may be executed by any peace officer and shall direct that the defendant be returned to the custody of the court or to a designated detention facility. The summons shall be personally served upon the defendant.
B. If a probation officer has reasonable cause to believe that a defendant has violated or is about to violate a condition of his probation or that an emergency exists so that awaiting an order of the court would create an undue risk to the public or to the probationer, the probation officer may arrest the defendant without a warrant, or may authorize a peace officer to do so. The authorization may be in writing or oral, but if not written, shall be subsequently confirmed by a written statement. The written authorization or subsequent confirmation delivered with the defendant to the official in charge of a parish jail or other place of detention shall be sufficient authority for the detention of the defendant. The probation officer shall immediately notify the proper court of the arrest and shall submit a written report showing in what manner the defendant violated, or was about to violate, a condition of his probation.
C. The court may grant bail to a defendant who is arrested under this article.
D. When a warrant for a defendant's arrest or a summons for defendant's appearance is issued under Paragraph A or a detainer is issued under Paragraph B of this Article, the running of the period of probation shall cease as of the time the warrant, summons, or detainer is issued.
E. Within ten days following the arrest of an offender pursuant to the provisions of this Article, the court shall determine if there is probable cause to detain him pending a final violation hearing and shall consider whether to allow the offender bail pending the final hearing. The determination of probable cause may be made without a formal hearing and may be conducted through the use of affidavits.
F. Probation officers shall be deemed to be peace officers and shall have the same powers with respect to criminal matters and the enforcement of the law relating thereto as sheriffs, constables, and police officers have in their respective jurisdictions. They have all the immunities and defenses now or hereafter made available to sheriffs, constables, and police officers in any suit brought against them in consequence of acts done in the course of their employment.
Amended by Acts 1974, No. 109, §1; Acts 1977, No. 464, §1; Acts 1985, No. 930, §1, eff. July 23, 1985; Acts 2010, No. 352, §1; Acts 2010, No. 924, §1, eff. July 2, 2010.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 901. Revocation for commission of another offense

Art. 901. Revocation for commission of another offense
A. In addition to the grounds for revocation of probation enumerated in Louisiana Code of Criminal Procedure Article 900, when a defendant who is on probation for a felony commits or is convicted of a felony under the laws of this state, or under the laws of another state, the United States, or the District of Columbia, or is convicted of a misdemeanor under the provisions of Title 14 of the Louisiana Revised Statutes of 1950, or is convicted of a misdemeanor under the provisions of the Uniform Controlled Dangerous Substances Law contained in Title 40 of the Louisiana Revised Statutes of 1950, his probation may be revoked as of the date of the commission of the felony or final conviction of the felony or misdemeanor.
B. When a defendant who is under a suspended sentence or on probation for a misdemeanor commits or is convicted of any offense under the laws of this state, a political subdivision thereof, another state or a political subdivision thereof, the United States, or the District of Columbia, his suspended sentence or probation may be revoked as of the date of the commission or final conviction of the offense.
C. In cases of revocation provided for in this Article:
(1) No credit shall be allowed for time spent on probation or for the time elapsed during suspension of the sentence.
(2) When the new conviction is a Louisiana conviction, the court shall specify in the minutes whether the sentence shall run consecutively or concurrently with the sentence for the new conviction.
(3) The defendant may be given credit for time served prior to the revocation hearing for time served in actual custody while being held for a probation violation in a local detention facility, state institution, or out-of-state institution pursuant to Article 880.
Amended by Acts 1975, No. 331, §1; Acts 1977, No. 397, §2; Acts 1981, No. 439, §1; Acts 2016, No. 214, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 901.1. Additional sanctions for probation revocation

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.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 903. Substance abuse probation program; authorization

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.