reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 6 - Program Operational Policies › Chapter 63 - POST Equipment and Training Grants › Section III-6305 - Eligible Purchases

Current through Register Vol. 50, No. 6, June 20, 2024
A. Assistance
				  funds may be used to purchase law enforcement or criminal justice-related
				  equipment. These purchases may include, but are not limited to, the following
				  items: portable radios, computer equipment, monitors, printers, scanners,
				  electronic word processors, target systems (no targets), audio-visual
				  equipment, television, VCR, telefax machines, training equipment and supplies,
				  textbooks and manuals, surveillance equipment/cameras (grants for surveillance
				  equipment will require a special condition), body armor (bullet-proof vests),
				  and metal detectors. Video cameras, laptop computers, radio equipment (not
				  radar), and cellular telephones are allowable for police automobiles.
B. When funds are used for portable radios,
				  computers, etc., POST will allow accessories to be purchased with grant funds
				  when used in purchasing a whole package. Example: portable radio with
				  microphone, battery pack and carrying case, etc. It is restricted to purchase a
				  microphone without purchasing the whole package.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 6 - Program Operational Policies › Chapter 63 - POST Equipment and Training Grants › Section III-6307 - Funding Restrictions

Current through Register Vol. 50, No. 6, June 20, 2024
A. There is
				  a general restriction prohibiting the funding of the following items:
1. all mobile vehicles (automobiles, vans,
				  airplanes, boats, etc.), gasoline, tires, automobile repair and maintenance,
				  insurance, uniforms, leather and accessories, firearms, tazers, and
				  ammunition;
2. all office equipment
				  and furniture: desks, typewriters, file cabinets, chairs, tables, credenzas,
				  lamps, copiers, etc. Certified training academies may purchase copiers, student
				  desks and/or chairs and file cabinets for proper storage of training
				  records;
3. equipment purchased
				  solely for recreational purposes is ineligible for funding.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 6 - Program Operational Policies › Chapter 63 - POST Equipment and Training Grants › Section III-6309 - Renovation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Act 562
				  assistance funds may not be used for renovation. Exceptions to this prohibition
				  may be made by the full commission, if renovations are needed for a
				  locally-funded, accredited academy to maintain compliance with POST standards
				  and regulations.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 6 - Program Operational Policies › Chapter 63 - POST Equipment and Training Grants › Section III-6311 - Training

Current through Register Vol. 50, No. 6, June 20, 2024
A. In lieu of
				  equipment purchases, a regional planning district may request funding to
				  reimburse for in-service, specialized and advanced training costs.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 6 - Program Operational Policies › Chapter 63 - POST Equipment and Training Grants › Section III-6313 - Liquidation Period

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  liquidation period for all Act 562 assistance grants shall be June l of each
				  fiscal year. Use of residual funds during the year-end liquidation period is
				  limited to those agencies who submit revenues on a regular basis.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 7 - Asset Forfeiture › Chapter 71 - Code of Professional Conduct [Formerly Chapter 61] › Section III-7101 - Adoption [Formerly Section 6101]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Louisiana Commission on Law
				  Enforcement and Administration of Criminal Justice has adopted a code of
				  professional conduct for asset forfeiture at a meeting held Tuesday, December
				  2, 1997.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 7 - Asset Forfeiture › Chapter 71 - Code of Professional Conduct [Formerly Chapter 61] › Section III-7102 - Introduction [Formerly Section 6102]

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of the
Code of
				  Professional Conduct
is to establish ethical standards applicable to
				  asset forfeiture programs throughout the state of Louisiana. These standards
				  are similar to the
National Code of Professional Conduct for Asset
				  Forfeiture
.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 7 - Asset Forfeiture › Chapter 71 - Code of Professional Conduct [Formerly Chapter 61] › Section III-7103 - Code of Professional Conduct [Formerly Section 7103]

Current through Register Vol. 50, No. 6, June 20, 2024
A. Law enforcement is the principal objective
				  of forfeiture. Potential revenue must not be allowed to jeopardize the
				  effective investigation and prosecution of criminal offenses, officer safety,
				  the integrity of ongoing investigations, or the due process rights of
				  citizens.
B. A prosecutor's or
				  sworn law enforcement officer's employment or salary shall not be contingent
				  upon the level of seizures or forfeitures he or she achieves.
C. Whenever practical, and in all cases
				  involving real property, a judicial finding of probable cause shall be secured
				  when property is seized for forfeiture. Seizing agencies shall strictly comply
				  with all applicable legal requirements governing seizure practice and
				  procedure.
D. A judicial finding of
				  probable cause must be secured as provided by law.
E. Seizing entities shall have a manual
				  detailing the statutory grounds for forfeiture and all applicable policies and
				  procedures.
F. The manual shall
				  include procedures for prompt notice to interest holders, the expeditious
				  release of seized property where appropriate, and the prompt resolution of
				  claims of innocent ownership.
G.
				  All property forfeited must be sold at public sale, and the proceeds
				  distributed according to law.
H.
				  Unless otherwise provided by law, forfeiture proceeds shall be maintained in a
				  separate fund or account subject to appropriate accounting controls and annual
				  financial audits of all deposits and expenditures.
I. Seizing agencies shall strive to ensure
				  that seized property is protected and its value preserved.
J. Seizing entities shall avoid any
				  appearance of impropriety in the sale or acquisition of forfeited
				  property.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S. 15:1204
					 and
					 R.S.
					 15:1207.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 8 - Innocence Compensation › Chapter 81 - Authority and Definitions › Section III-8101 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. Rules and
				  regulations are hereby established by the Louisiana Commission on Law
				  Enforcement and Administration of Criminal Justice for the administration of
				  the Innocence Compensation Fund by order of Act 696 of the 2012 Louisiana
				  Legislature,
				  R.S.
				  15:572.8(N), (R), and
				  (S).
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 15:572.8(S) et
					 seq.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 8 - Innocence Compensation › Chapter 81 - Authority and Definitions › Section III-8103 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				  terms as used in these regulations, unless the context otherwise requires or
				  unless redefined by a particular part hereof, shall have the following
				  meanings.
Commission
- the Louisiana Commission on
					 Law Enforcement.
Court
-the
court
ordering
					 payment pursuant to R.S. 15:592.8.
Factual Innocence
-the petitioner did not
					 commit the crime for which he was convicted and incarcerated nor did he commit
					 any crime based upon the same set of facts used in his original
					 conviction.
Fund
-the Innocence Compensation
					 Fund.
Petitioner
- one who has been convicted of
					 and imprisoned for crimes of which they are factually innocent as determined by
					 a court.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 15:572.8(S) et
					 seq.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 8 - Innocence Compensation › Chapter 83 - Eligibility and Application Process › Section III-8301 - Eligibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. To be eligible
				  for payments from the Innocence Compensation Fund pursuant to the provisions of
				  R.S.
				  15:572.8, a petitioner must have been awarded
				  compensation by the district court in which the original conviction was
				  obtained, and the parties have exhausted their ability to have the judgment
				  reviewed by the appellate courts.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 15:572.8(S) et
					 seq.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 8 - Innocence Compensation › Chapter 83 - Eligibility and Application Process › Section III-8303 - Application Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. Petitioners
				  wishing to receive payments from the Innocence Compensation Fund shall file an
				  application with the commission (application available online at
www.lcle.la.gov
).
B. Applications must be signed and dated by
				  the petitioner and, if applicable, his legal representative. Only original
				  signatures, no copies, will be accepted.
C. Unless the court awarding compensation has
				  served a copy of the judgment upon the commission, the petitioner must attach a
				  certified copy of the court judgment to the application or order awarding
				  compensation pursuant to
				  R.S.
				  15:572.8.
D. If a court enters a judgment or order that
				  a petitioner is entitled to additional compensation, the petitioner must file a
				  new application attaching a certified copy of the new court order or judgment
				  awarding the additional compensation.
E. If a petitioner becomes eligible for
				  additional compensation, the petitioner may file a new application with the
				  commission for the additional compensation to which he is entitled. If the
				  amount of additional compensation to which the petitioner is entitled is clear
				  from the previous court judgment or order awarding compensation, the petitioner
				  need not obtain a new court judgment or order for the additional compensation.
				  The petitioner must attach a certified copy of the previous court judgment or
				  order awarding compensation.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 15:572.8(S) et
					 seq.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 8 - Innocence Compensation › Chapter 85 - Payments › Section III-8501 - Payments from the Innocence Compensation Fund

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commission will only make payments in
				  amounts and at times specifically ordered by a court judgment or order pursuant
				  to
				  R.S.
				  15:572.8.
B. Supplemental payments will be made by the
				  commission in accordance with the provisions of the judgment after verification
				  of petitioner's current mailing address.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 15:572.8(S) et
					 seq.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 8 - Innocence Compensation › Chapter 87 - Administration and Annual Report › Section III-8701 - Administration

Current through Register Vol. 50, No. 6, June 20, 2024
A. In accordance
				  with
				  R.S.
				  15:572.8(N)(1), the
				  Innocence Compensation Fund is administered by the commission.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 15:572.8(S) et
					 seq.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part III - Commission on Law Enforcement and Administration of Criminal Justice › Subpart 8 - Innocence Compensation › Chapter 87 - Administration and Annual Report › Section III-8703 - Annual Report

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
				  accordance with
				  R.S.
				  15:572.8(R), the commission
				  will submit an annual report on the Innocence Compensation Fund to the governor
				  and the legislature on or before April 1 of each year.
B. The annual report will include the number
				  of awards and the total amount of funds distributed during the preceding
				  year.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 15:572.8(S) et
					 seq.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part V - Board of Pardons › Chapter 1 - Administration › Section V-105 - Discretionary Powers of the Board

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1. The Board of Pardons, at its discretion,
				may deny any applicant a hearing for any of the following reasons:
a. serious nature of the offense;
b. insufficient time served on
				sentence;
c. insufficient time
				after release;
d. proximity of
				parole/good time date;
e.
				institutional disciplinary reports;
f.
				probation/parole-unsatisfactory/violated;
g. past criminal record; or
h. any other factor determined by the
				board.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part V - Board of Pardons › Chapter 1 - Administration › Section V-119 - Training

Current through Register Vol. 50, No. 6, June 20, 2024
A. Within 90 days
				of being appointed to the board, each member shall complete a comprehensive
				training course developed by the board chairman in collaboration with the
				Department of Public Safety and Corrections. Each member shall complete a
				minimum of eight hours of training annually.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 15.572.4.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part V - Board of Pardons › Chapter 1 - Administration › Section V-121 - Contact with the Board of Pardons

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Contact with the Board of Pardons or any member is prohibited except by
				appearing/testifying at a public hearing or by written letter addressed to the
				Board of Pardons.
B. If a board
				member is improperly contacted, he/she must immediately notify the individual
				in writing that the contact is illegal. The letter must be accompanied by a
				copy of
				R.S.
				15:573.1, and the contact must be reported to
				the other board members.
C. Any
				prohibited contact after an individual has been informed of the prohibition as
				provided in §121. B shall be fined not more than $500 or imprisoned for
				not more than six months or both.
D. All letters in favor of pardon, clemency,
				or commutation of sentence are subject to public inspection. Exceptions to
				§121 are:
1. letters from any victim of a crime
				committed by the applicant being considered for pardon, clemency, or
				commutation of sentence, or any person writing on behalf of the
				victim;
2. any letters written in
				opposition to pardon, clemency, or commutation of sentence.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part V - Board of Pardons › Chapter 1 - Administration › Section V-123 - Board Spokesperson

Current through Register Vol. 50, No. 6, June 20, 2024
A. Only the
				chairman of the board or, in the absence of the chairman, the vice-chairman
				shall be authorized to speak on behalf of the entire board.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:574.2 et seq.,
				  R.S.
				  15:535 et seq., and
				  R.S.
				  15:540 et
				  seq.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part V - Board of Pardons › Chapter 1 - Administration › Section V-125 - Records Management and Confidentiality of Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. Records Management and Retention
1. The board shall implement a records
				management program to ensure all Board of Pardons vital records are stored
				managed, and disposed of in accordance with state law. The board shall use the
				records retention schedule created and maintained by the Department of Public
				Safety and Corrections, Corrections Services.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part V - Board of Pardons › Chapter 2 - Clemency › Section V-203 - Eligibility for Clemency Consideration

Current through Register Vol. 50, No. 6, June 20, 2024
A. Eligibility
1. Pardons. A person may not apply for a
				pardon if the applicant has any outstanding detainers, or any pecuniary
				penalties or liabilities which total more than $1,000 and result from any
				criminal conviction or traffic infraction. In addition, no person is eligible
				to apply for pardon unless the applicant has paid all court costs which were
				imposed in connection with conviction of the crime for which pardon is
				requested.
2. Commutation of
				Sentence. A person may not be considered for a commutation of sentence unless
				he or she has been granted a hearing by the pardon board and has had his or her
				case placed upon a pardon board agenda.
3. Remission of Fines and Forfeitures. A
				person may not apply for a remission of fines and forfeitures unless he or she
				has completed all sentences imposed and all conditions of supervision have
				expired of been completed, including, but not limited to, parole and/or
				probation.
4. Specific Authority to
				Own, Possess, or Use Firearms. A person may not apply for the specific
				authority to own, possess, or use firearms unless he or she has completed all
				sentences imposed for the applicant's most recent felony conviction and all
				conditions of supervision imposed for the applicant's most recent felony
				conviction have expired or been completed, including, but not limited to,
				parole and/or probation, for a period of five years. The applicant may not have
				any outstanding detainers, or any pecuniary penalties or liabilities which
				total more than $1,000 and result from any criminal conviction or traffic
				infraction. In addition, the applicant may not have had any outstanding victim
				restitution, including, but not limited to, restitution pursuant to a court or
				civil judgment or by order of the committee on parole.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part V - Board of Pardons › Chapter 2 - Clemency › Section V-205 - Application Filing Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				All Applicants
1. Every application must be
				submitted on the form approved by the Board of Pardons which is made available
				on the board's webpage at www.doc.la.gov.
2. It is the applicant's responsibility to
				submit a complete application. The application shall not be processed until it
				is complete. If any required information does not apply, the response should be
				"NA".
3. Each answer must be
				answered fully, truthfully, and accurately. The submission of any false
				information is grounds for immediate denial of the application.
4. Additional documentation that is relevant
				to the application may be also be submitted, including letters of support on
				behalf of the applicant, military DD-214 if applicable, other attachments that
				the applicant would like to include that are relevant to the
				application.
5. The mailed
				application must be filled out completely, signed, dated, and notarized where
				required.
6. The online application
				must be digitally signed and submitted through the website.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part V - Board of Pardons › Chapter 2 - Clemency › Section V-209 - Hearing Granted

Current through Register Vol. 50, No. 6, June 20, 2024
A. After notice
				to an applicant that a hearing has been granted the applicant must provide the
				Board of Pardons office with proof of advertisement within 90 days from the
				date of notice to grant a hearing. Advertisement must be published in the
				official journal of the parish where the offense occurred. This ad must state:
"I (applicant's name), (DOC number), have applied for
				  clemency for my conviction of (crime). If you have any comments, contact the
				  Board of Pardons (225) 342-5421."
B. At this stage of the process, along with
				the proof of advertisement published in the local journal, the applicant may
				submit additional information, (e.g., letters of recommendation and copies of
				certificates of achievement and employment/residence agreement).
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 15:572.4, 15:574.12 and
				  44:1 et
				  seq.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part V - Board of Pardons › Chapter 2 - Clemency › Section V-211 - Hearings before the Pardon Board

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				board shall meet on regularly scheduled dates as determined by it, and at such
				other times as the chairman may determine are necessary for the purpose of
				reviewing and taking action on clemency applications before it and to transact
				such other business as it deems necessary. The meeting calendar shall be made
				available to the public. The hearing dates shall also be posted on the website
				maintained by the board.
B. After
				receipt of all documents required by
				§203 and the
				clemency investigation from the appropriate probation and parole district, the
				board shall set the matter for public hearing.
C. At least 60 days prior to public hearing
				date, the board shall give written notice of the date, time, and place to the
				following:
1. the district attorney and
				sheriff of the parish in which the applicant was convicted and, in Orleans
				Parish, the superintendent of police;
2. the applicant;
3. the direct victim or the spouse or next of
				kin of the deceased victim. The notice is not required when the victim, or the
				spouse or next of kin of a deceased victim advises the board, in writing, that
				such notification is not desired;
4. the Crime Victims Services Bureau of the
				Department of Public Safety and Corrections; and
5. any other interested person who notifies
				the Board of Pardons, in writing, giving name and return address.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part V - Board of Pardons › Chapter 2 - Clemency › Section V-213 - Capital Cases

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board will
				consider recommending to the governor a stay of execution of death sentence
				upon receipt of a written application in behalf of a condemned felon. Any such
				application shall contain the following information:
1. the name of the applicant, together with
				any other pertinent identifying information;
2. identification of the applicant's agents,
				if any, who are presenting the application;
3. certified copies of the indictment,
				judgment, verdict of the jury, and sentence in the case, including official
				documentation verifying the scheduled execution date;
4. a brief statement of the offense for which
				the prisoner has been sentenced to death;
5. a brief statement of the appellate history
				of the case, including its current status;
6. a brief statement of the legal issues
				which have been raised during the judicial progress of the case;
7. the requested length of duration of the
				stay, which shall be in increments of 30 days, unless a different duration is
				requested on the basis of the grounds for the application set forth pursuant to
				§213. A 8;
8. all grounds upon
				the basis of which the stay is requested; provided that such grounds shall not
				call upon the board to decide technical questions of law which are properly
				presented via the judicial process; and
9. a brief statement of the effect of the
				offender's crime upon the family of the victim.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part IX - Sentencing Commission › Subpart 1 - Felony Sentencing Guidelines › Chapter 1 - Purpose and Principles › Section IX-101 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				  the Louisiana Sentencing Guidelines, hereinafter referred to as
guidelines
, is to recommend a uniform sanctioning policy which
				  is consistent, proportional, and fair for use by the Louisiana judiciary in
				  felony cases in which the sentencing court must determine the sentence to be
				  imposed.
B. The guidelines do not
				  apply to capital cases, cases punishable by a mandatory sentence of life
				  imprisonment, or misdemeanor cases.
C. The guidelines do not apply to convictions
				  for felony offenses for which no crime seriousness level has been determined.
				  In such cases, the court may be guided by the guideline range for a ranked
				  offense which the court determines to be analogous to the offense of
				  conviction.
D. The guidelines are
				  intended to ensure certainty, uniformity, consistency and proportionality of
				  punishment, fairness to victims, and the protection of society.
E. The guidelines are intended to provide
				  rational and consistent criteria for imposing criminal sanctions in a uniform
				  and proportionate manner.
1. Uniformity in
				  sentencing requires that offenders who are similar with respect to relevant
				  sentencing criteria should receive similar sanctions, and that offenders who
				  are substantially different with respect to relevant sentencing criteria should
				  receive different sanctions.
2.
				  Proportionality in sentencing requires that the severity of the punishment be
				  proportional to the seriousness of the offense of conviction and the severity
				  of the offender's prior criminal history.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part IX - Sentencing Commission › Subpart 1 - Felony Sentencing Guidelines › Chapter 1 - Purpose and Principles › Section IX-103 - Sentencing Principles

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Sentences should be based primarily on the offense of conviction and the
				  offender's prior criminal history. Therefore, those two factors determine the
				  designated sentence range established under the guidelines.
B. The determination of the seriousness of
				  the offense of conviction is based on the elements of the offense of
				  conviction.
C. The severity of
				  sanctions should increase or decrease in proportion to the seriousness of the
				  offense of conviction and the severity of the offender's prior criminal
				  history.
D. The guidelines are
				  based on the typical case and the designated sentence ranges provided in the
				  sentencing guidelines grid should be appropriate for cases in which aggravating
				  and mitigating circumstances are not present.
E. While commitment to a term of imprisonment
				  with or without hard labor is the most severe non-capital sanction that can
				  follow conviction for a felony offense, there are other significant sanctions
				  available to the sentencing court which lawfully can be imposed in conjunction
				  with, or independent of, a term of imprisonment. These criminal penalties
				  include home incarceration, periodic incarceration, community service, and
				  various conditions of supervised probation.
F. Sentences shall not be determined on the
				  basis of the race, gender, social, or economic status of the offender. The
				  exercise of constitutional rights by the defendant during the adjudication
				  process is not a justification for the imposition of a more severe sentence
				  than is warranted by the offense of conviction, criminal history of the
				  offender, and any relevant mitigating and aggravating factors. However,
				  acceptance of responsibility and cooperation with law enforcement, which may
				  involve relinquishment of rights, may be considered as mitigating factors
				  justifying imposition of a more lenient sentence.
G. Sanctions imposed shall not be
				  excessive.
H. The sentencing judge
				  should have broad discretion in the determination and imposition of appropriate
				  sentencing alternatives in particular cases.
I. Reasons for the imposition of a particular
				  sentence shall be set forth for the record to facilitate appellate
				  review.
J. The guidelines are
				  advisory to the sentencing judge. No sentence shall be declared unlawful,
				  inadequate, or excessive solely due to the failure of the judge to impose a
				  sentence in conformity with the designated sentence range provided by the
				  guidelines.
K. In imposing
				  sentence, the court shall consider the guidelines in effect at the time of the
				  guilty plea, plea of nolo contendere, or verdict of guilty.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 15:321-329.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part IX - Sentencing Commission › Subpart 1 - Felony Sentencing Guidelines › Chapter 2 - Determining Sentences Under the Sentencing Guidelines › Section IX-201 - Sentencing Guidelines Grid

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  basis for the sentence for any offender convicted of a felony is determined by
				  locating the designated sentence range in the appropriate cell of the
				  sentencing guidelines grid, hereinafter referred to as the
grid
. See Chapter 4, §403 A, Sentencing Guidelines Grid.
				  The appropriate cell is determined by the crime seriousness level of the
				  offense and the criminal history index of the offender.
B. In imposing a sentence under the
				  guidelines, the court shall state for the record the factors which led the
				  court to determine that the cell in the grid was appropriate. The court may
				  refer to any pre-sentence investigation report or a sentencing guidelines
				  report, if available, in stating for the record the factual basis for imposing
				  sentence.
C. If the sentence
				  imposed falls within the range of the appropriate cell of the grid, the
				  sentence is appropriate for purposes of the guidelines and the court is not
				  required to set forth additional factors justifying the selection of the
				  particular sentence.
D. Sentences
				  greater or lesser than a penalty within the designated sentence range should be
				  determined through the procedures for departure. See §209, Departures from
				  the Designated Sentence Range.
E.
				  Use of mandatory minimum sentences, concurrent or consecutive sentences, and
				  other sentencing considerations should be determined through the procedures set
				  forth in the guidelines or as otherwise provided by law.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 15:321-329.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part IX - Sentencing Commission › Subpart 1 - Felony Sentencing Guidelines › Chapter 2 - Determining Sentences Under the Sentencing Guidelines › Section IX-203 - Crime Seriousness Level

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The crime seriousness level is determined by the offense of
				  conviction.
B. Offenses are ranked
				  according to the following:
1. the interest
				  protected; and
2. the type and
				  level of harm or threat of harm proscribed by statute.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part IX - Sentencing Commission › Subpart 1 - Felony Sentencing Guidelines › Chapter 2 - Determining Sentences Under the Sentencing Guidelines › Section IX-207 - Designated Sentence Ranges

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  Appropriate Grid Cell
1. The offense of
				  conviction determines the appropriate seriousness level on the vertical axis of
				  the grid. See Chapter 4, §403 A, Sentencing Guidelines Grid.
2. The offender's criminal history index
				  score determines the appropriate criminal history class on the horizontal axis
				  of the grid.
3. The designated
				  sentence range is found in the grid cell at the intersection of the row defined
				  by the crime seriousness level and the column defined by the criminal history
				  index.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part IX - Sentencing Commission › Subpart 1 - Felony Sentencing Guidelines › Chapter 2 - Determining Sentences Under the Sentencing Guidelines › Section IX-209 - Departures from the Designated Sentence Range

Current through Register Vol. 50, No. 6, June 20, 2024
A. Procedure for Departure
1. The designated sentence range provided in
				  the grid is appropriate for a typical case; that is, an offense committed
				  without aggravating or mitigating circumstances.
2. A departure from the designated sentence
				  range occurs whenever the court imposes a sentence which is different from the
				  types of sentences or outside the designated sentence range provided in the
				  zone and cell appropriate to the case.
3. The court should depart from the
				  designated sentence range when sufficient aggravating or mitigating
				  circumstances are present significantly to differentiate the case from the
				  typical case arising under the offense of conviction.
4. When departing from the designated
				  sentence range, the court shall:
a. pronounce
				  a sentence which is proportional to the seriousness of the offense and the
				  offender's criminal history; and
b.
				  state for the record the reasons for the departure which shall specify the
				  mitigating or aggravating circumstances, and the factual basis
				  therefor.
5. Reasons for
				  departure from the designated sentence range are appropriate only when such
				  reasons are based on mitigating or aggravating circumstances.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part IX - Sentencing Commission › Subpart 1 - Felony Sentencing Guidelines › Chapter 2 - Determining Sentences Under the Sentencing Guidelines › Section IX-211 - Mandatory Minimum Sentences

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  If an offender has been convicted of an offense for which a mandatory term of
				  imprisonment must be imposed which exceeds the maximum duration provided in the
				  designated sentence range for that offense, the court should impose the minimum
				  sentence required by law to be served in the manner required by law unless
				  aggravating circumstances justify imposition of a more severe
				  sentence.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 15:321-329.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part IX - Sentencing Commission › Subpart 1 - Felony Sentencing Guidelines › Chapter 2 - Determining Sentences Under the Sentencing Guidelines › Section IX-213 - Designated Sentence Durations that Exceed the Statutory Maximum Sentence

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the minimum
				  sentence duration provided by the sentence range in the appropriate cell of the
				  grid exceeds the statutory maximum sentence for the offense of conviction, the
				  court should impose the statutory maximum sentence unless mitigating
				  circumstances justify imposition of a more lenient sentence.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 15:321-329.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part IX - Sentencing Commission › Subpart 1 - Felony Sentencing Guidelines › Chapter 2 - Determining Sentences Under the Sentencing Guidelines › Section IX-215 - Concurrent and Consecutive Sentences

Current through Register Vol. 50, No. 6, June 20, 2024
A. Factors to be Considered
1. The sentencing court may impose either
				  concurrent or consecutive sentences in cases where a defendant has been
				  convicted of two or more offenses. In determining whether to impose either a
				  concurrent or a consecutive sentence, the court should consider aggravating and
				  mitigating circumstances which may be present.
2. If two or more criminal acts are based on
				  the same act or transaction, or constitute parts of a common scheme or plan,
				  concurrent sentences should be imposed.
3. In all other cases, concurrent or
				  consecutive sentences should be supported by appropriate factors. If a
				  consecutive sentence is imposed, the court shall state for the record the
				  factors considered and the reasons for imposition of a consecutive
				  sentence.
4. If statutory law
				  requires that a sentence be imposed either concurrently or consecutively, the
				  sentences must be imposed in the manner prescribed by law.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part IX - Sentencing Commission › Subpart 1 - Felony Sentencing Guidelines › Chapter 3 - General Sentencing Policy › Section IX-301 - Plea Agreements Involving Stipulated Sentences

Current through Register Vol. 50, No. 6, June 20, 2024
A. Stipulating the Grid Cell
1. As part of a plea agreement under the
				  guidelines, the parties may stipulate a cell within the grid regardless of
				  whether the cell corresponds to the defendant's criminal history index and the
				  crime seriousness level of the offense(s) to which the defendant will
				  plead.
2. In such cases, the court
				  may:
a. accept the stipulated cell and impose
				  a sentence within the range provided; or
b. reject the plea agreement.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part IX - Sentencing Commission › Subpart 1 - Felony Sentencing Guidelines › Chapter 3 - General Sentencing Policy › Section IX-303 - Revocation of Probation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Violation of
				  Condition of Probation
1. If an offender is
				  brought before the court for the violation of a condition of probation which
				  does not involve commission and conviction of a subsequent offense and the
				  court does not consider revocation appropriate, the court may impose up to
				  eight additional sanction units in consideration of the violation, e.g., up to
				  two weeks in jail or 160 hours of community service, in lieu of
				  revocation.
2. If the offender is
				  brought before the court a second time for the violation of such a condition of
				  probation, and the court does not consider revocation appropriate, the court
				  may impose up to an additional 16 sanction units in lieu of
				  revocation.
3. If the offender is
				  brought before the court a third time for the violation of such a condition of
				  probation, the court should consider revocation in lieu of an additional 16
				  sanction units.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part IX - Sentencing Commission › Subpart 1 - Felony Sentencing Guidelines › Chapter 3 - General Sentencing Policy › Section IX-305 - Credit for Time Served

Current through Register Vol. 50, No. 6, June 20, 2024
A. If a
				  sentence of incarceration is imposed and executed, an offender should be given
				  credit for time served under the following conditions prior to the imposition
				  or execution of sentence:
1. time spent in
				  actual custody in connection with the offense of conviction;
2. time spent in actual custody in a public
				  or private mental hospital or other similar facility if ordered by the court in
				  connection with the offense of conviction;
3. time spent in actual custody as a
				  condition of probation if that probation is subsequently revoked.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part IX - Sentencing Commission › Subpart 1 - Felony Sentencing Guidelines › Chapter 3 - General Sentencing Policy › Section IX-307 - Juveniles Tried as Adults

Current through Register Vol. 50, No. 6, June 20, 2024
A. If a person
				  under 17 years of age is prosecuted as an adult in a court exercising criminal
				  jurisdiction, the guidelines should be applied in the same manner as though the
				  person were an adult.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 15:321-329.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part IX - Sentencing Commission › Subpart 1 - Felony Sentencing Guidelines › Chapter 3 - General Sentencing Policy › Section IX-309 - Habitual Offender Sentencing

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The guidelines increase the designated sentence range for an offender on the
				  basis of the offender's prior criminal convictions, custody status, and the
				  crime family of the current and prior convictions. In those cases in which the
				  district attorney determines that the offender's pattern of past criminal
				  conduct has been significantly more extensive than the typical offender with
				  the same criminal history index, the district attorney may institute
				  proceedings under
				  R.S.
				  15:529.1, the Habitual Offender
				  Law.
B. Any person who has been
				  convicted of a felony and adjudged an habitual offender shall receive an
				  enhanced penalty as provided by
				  R.S.
				  15:529.1, the Habitual Offender Law. In such
				  cases, the enhanced sentence may exceed the maximum sentence range specified in
				  the appropriate cell in the grid. In such cases, the court should impose the
				  minimum sentence provided by law unless aggravating circumstances justify
				  imposition of a more severe sentence.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 15:321-329.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part IX - Sentencing Commission › Subpart 1 - Felony Sentencing Guidelines › Chapter 3 - General Sentencing Policy › Section IX-311 - Parole, Good Time, Commutation of Sentence, Pardon

Current through Register Vol. 50, No. 6, June 20, 2024
A. The sentence, derived from the seriousness
				  of the offense committed, the criminal history index of the offender, and any
				  aggravating or mitigating circumstances, should reflect the maximum length of
				  time an offender should remain in actual custody or under supervision, and the
				  manner in which a sentence should be served.
B. Eligibility for good time and parole
				  should not affect the determination of the sentence to be imposed by the
				  sentencing court.
C. Parole
				  eligibility is determined by law. An offender is eligible for parole
				  consideration only after having served the statutorily required portion of his
				  designated sentence.
D. The
				  decision to grant or deny parole should be based primarily on the offender's
				  record of behavior while in custody following conviction, such as the person's
				  conduct while incarcerated, including participation in educational or job
				  training programs.
E. The
				  guidelines are not intended to affect the granting of pardons or commuting of
				  sentences by the governor upon recommendations of the Board of
				  Pardons.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 15:321-329.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part IX - Sentencing Commission › Subpart 1 - Felony Sentencing Guidelines › Chapter 4 - Louisiana Sentencing Guidelines Tables › Section IX-404 - Sentencing Guideline Report

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  court should require the completion of a sentencing guidelines report in each
				  felony case. (The report is intended to provide the court with the seriousness
				  level of the current offense, a computation of the offender's criminal history
				  index, and the designated sentence range provided by the
				  guidelines
.
The sentencing guidelines report and instructions
				  will be promulgated at a later date, after review and testing in the
				  field.)
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 15:321-329.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 1 - Administration › Section XI-101 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Louisiana
				Committee on Parole, hereinafter referred to as the "committee," has the
				authority:
1. to determine the time and
				conditions of release on parole of any person who has been convicted of a
				felony and sentenced to the Louisiana Department of Public Safety and
				Corrections and who is statutorily eligible for parole consideration;
				and
2. to determine and impose
				sanctions for violation of the conditions of parole.