reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 11 - Violations of Parole › Section XI-1105 - Preliminary Hearing for Detained Parole Violators-Preliminary Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. The preliminary
				hearing is a preliminary due process administrative hearing which is conducted
				by a hearing officer designated by the Division of Probation and Parole. The
				hearing officer will have no direct prior knowledge of the parolee and the
				circumstances surrounding the allegations.
1.
				The purpose of the preliminary hearing is to determine if there is probable
				cause that the parolee has violated the conditions of his parole.
2. A finding of probable cause may support
				the continued detention of the parolee pending a final revocation
				hearing.
3. The allegations and
				findings presented in the preliminary hearing documents will be the foundation
				for revocation or other specified action. The preliminary hearing will be
				conducted within a reasonable time following detention and in the locale or
				vicinity close to where the alleged violation occurred so that the offender has
				access to both favorable and adverse witnesses.
4. Prior to the preliminary hearing, written
				notification will be furnished to the parolee advising him of:
a. the charges pending against him;
b. his rights at the hearing; and
c. the date, time, and place of the
				hearing.
5. The parolee
				may request deferral of the preliminary hearing pending disposition of new
				felony charges. The parolee may also request the deferral of the preliminary
				hearing for a period of six months pending disposition of a misdemeanor
				domestic abuse battery.
6. The
				parolee may retain an attorney or, if eligible, be represented by appointed
				counsel.
7. Documentary evidence
				and oral testimony may be taken from all participants present at the hearing,
				including witnesses and the parolee's friends and family.
8. At the conclusion of the hearing, the
				hearing officer will issue a ruling as to probable cause.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 11 - Violations of Parole › Section XI-1107 - Findings by Hearing Officer

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				hearing officer who presides at the preliminary hearing will issue a finding of
				probable cause or no probable cause.
1. If no
				probable cause is found, the hearing officer shall order the parole violation
				detainer to be lifted and the alleged violator released from custody.
2. If probable cause is found, the Division
				of Probation and Parole will make one of the following recommendations to the
				committee:
a. that the parole violator be
				detained;
b. that the parole
				violator be allowed to make bond, if new charges are pending, while awaiting a
				final decision from the committee;
c. that the parole violator remain
				incarcerated, without bond, pending disposition of the charge;
d. that the parole violator be reprimanded
				and continued under parole supervision.
3. If probable cause is found, the parole
				revocation questionnaire will be completed and forwarded to the
				committee.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 11 - Violations of Parole › Section XI-1109 - Violation Report (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
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 XI - Committee on Parole › Chapter 11 - Violations of Parole › Section XI-1113 - Revocation Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. When the
				Division of Probation and Parole has found probable cause and a preliminary
				hearing has been conducted, a revocation hearing shall be scheduled, unless the
				offender waives his right to a final revocation hearing. The revocation hearing
				shall be conducted within 60 calendar days after the offender's return to
				prison. Any delay for good cause must be approved by the chairman or designee.
				The purpose of the final revocation hearing is to determine if one or more
				conditions of parole have been violated by the offender, and if such
				violation(s) are serious enough to warrant re-incarceration of the offender to
				serve the balance of his sentence.
B. The revocation hearing is a public hearing
				and shall be conducted as outlined in Chapter 3 of these rules. The same
				procedural and substantive rights which are afforded to an offender at a
				preliminary hearing are afforded at the revocation.
C.
1. The
				parolee:
a. must be present for the
				hearing;
b. may be represented by
				an attorney; and
c. may normally
				have one witness testify on his behalf.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 11 - Violations of Parole › Section XI-1115 - Decision of the Parole Panel

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				panel may make one of the following decisions:
1. revocation of parole;
2. reprimand and restore to parole
				supervision with or without special conditions imposed;
3. unsatisfactory termination of parole if
				full term date of parole supervision has passed;
4. participation in a transitional work
				program for up to six months in lieu of revocation;
5. as an alternative to incarceration, in
				lieu of revocation, be committed to a community rehabilitation center or a
				substance abuse treatment program operated by, or under contract with, the
				Department of Public Safety and Corrections for period of time not to exceed
				six months, provided that the period of such commitment does not extend beyond
				the full parole term;
6. as an
				alternative to incarceration, in lieu of revocation, participation in other
				specific therapeutic programs as approved by the Department of Public Safety
				and Corrections and/or the Division of Probation and Parole;
7. do not revoke, continue on
				supervision.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 11 - Violations of Parole › Section XI-1117 - Automatic Revocation for New Felony Conviction

Current through Register Vol. 50, No. 6, June 20, 2024
A. A final revocation hearing will not be
				held if the parolee has been convicted of a new felony while on
				parole.
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 XI - Committee on Parole › Chapter 13 - Time Served › Section XI-1301 - Time Must Be Served if Revoked

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1. Offenders whose good time parole
				supervision or regular parole supervision is revoked by the Committee on Parole
				on or after January 1, 1992, shall receive good time on the jail credit awarded
				in accordance with
				R.S.
				15:574.9(E).
2. An offender returned to incarceration for
				a parole violation that does not include a new sentence for a felony offense
				will be returned to serve the remainder of the original sentence as of the date
				of his release on supervision pursuant to
				R.S.
				15:571.5. An offender may receive flat credit
				for good behavior while on parole supervision. Such credit may be awarded from
				the date of release on parole supervision until the date a warrant or detainer
				that causes revocation is issued by the Committee on Parole, pursuant to Act
				792 of the 2010 Regular Legislative Session.
3. A parolee, offender who has been granted
				parole by the committee before August 15, 1997 for a crime committed on or
				after July 26, 1972, and who has been revoked for violating the terms of parole
				granted by the board committee, shall forfeit all good time earned on that
				portion of the sentence served prior to the granting of parole, up to a maximum
				of 180 days.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 15 - Parole Suspension and Termination › Section XI-1501 - Suspension of Supervised Parole

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				After a minimum of 18 months supervised parole and upon the recommendation of
				the Division of Probation and Parole, the committee may determine that a
				parolee merits unsupervised parole and may suspend a parolee's supervision.
1. A parole officer may recommend that an
				offender be placed in suspended status if the offender meets the following
				criteria:
a. completed a minimum of 18 months
				supervision;
b. is a first or
				second felony offender;
c. scored
				"minimum" on the LARNA;
d. has
				completed all special conditions ordered by the sentencing judge and/or
				committee;
e. has remained
				conviction free (excludes minor traffic and local municipal statutes) for the
				period of supervision and has no pending criminal matters;
f. is a non-DWI case;
g. is free of any conviction, deferred
				adjudication withheld for a sex offense as defined is
				R.S.
				15:541;
h. is a current non-violent offender (a prior
				violent offense does not rule out the recommendation for suspended status if
				the current case meets eligibility requirements).
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 15 - Parole Suspension and Termination › Section XI-1502 - Inactive Parole Supervision

Current through Register Vol. 50, No. 6, June 20, 2024
A. During
				the onset of parole supervision and development of the Supervision Plan, an
				offender who is free from any conviction for a sex offense as defined in
				R.S.
				15:541, shall be advised of the incentive to
				be compliant with conditions of supervision in order to be recommended for
				Inactive Parole Supervision.
1. As determined
				by the District Manager or during the Annual Review, the officer shall review
				the offender's case based on the following eligibility requirements:
a. Offender's instant offense is not a crime
				of violence as defined by R.S. 14;2(B) and the offender has served a minimum of
				three years without a violation of the terms and conditions of
				parole.
b. Offender's instant
				offense is a crime of violence as defined by
				R.S.
				14:2(B) and the offender has
				served a minimum of seven years without a violation of the terms and conditions
				of parole.
c. Upon the offender
				becoming eligible, the officer may shall submit an Activity Report to the
				Parole Board recommending the offender be placed on Inactive Parole
				Supervision.
d. Upon the Board's
				approval, the offender's supervision level will be changed to
				Administrative-Inactive Parole Supervision. At this effective date, the
				offender is no longer subject to the conditions of parole as defined in
				R.S.15:574.4.2(A)(2).
				Supervision fees will be inactivated in the DOC approved offender management
				system.
e. Should the parolee have
				a new arrest, the supervising officer will notify the Parole Board and request
				the parolee to be returned to active parole supervision where the offender will
				be subject to the conditions of parole as defined in
				R.S.15:574.4.2(A)(2).
				Supervision fees will be reactivated in the DOC approved offender management
				system. The supervising officer will follow normal procedures for the violation
				process.
f. Offenders convicted of
				a new felony conviction while under Inactive Parole supervision are subject to
				revocation under La.
				R.S.
				15:574.10.
g. If the pending charges against the
				offender are rejected or dismissed, an Activity Report will be submitted to
				return the offender to Inactive Parole Supervision.
h. If the offender completes his period of
				supervision with no new arrests, the case will be closed at their earned
				compliance date or full term date as appropriate.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 15 - Parole Suspension and Termination › Section XI-1503 - Termination of Parole

Current through Register Vol. 50, No. 6, June 20, 2024
A. When a
				parolee has completed his sentence, he will be given a certificate of discharge
				from the Department of Public Safety and Corrections. The committee cannot
				terminate parole prior to the parolee's full-term discharge date.
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 XI - Committee on Parole › Chapter 17 - Grievance Procedure › Section XI-1701 - Right to File a Grievance

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				person may file a grievance under this procedure. However, no offender or
				parolee shall have the right to file a grievance against the board or committee
				members for the decisions enumerated in
				R.S.
				15:574.11.
B. A grievance must be based upon a violation
				of the on Louisiana Committee Parole rules and procedures, Department of Public
				Safety and Corrections regulations, or the Louisiana
Revised
				Statutes
.
C. A person
				against whom a grievance is filed is entitled to be represented by
				counsel.
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 XI - Committee on Parole › Chapter 17 - Grievance Procedure › Section XI-1703 - Complaint Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				grievances must be made in writing and submitted to the chairman of the Board
				of Pardons. Upon receipt, the chairman shall review the grievance and, if
				appropriate, forward it to the proper agency or authority for further
				action.
B. If the grievance relates
				to the board, or a member of the Committee on Parole, or the department staff
				assigned to the board or committee, the chairman or his or her designee will
				investigate to determine if it has a basis in fact.
1. If the complaint is determined to have a
				basis in fact, the chairman will attempt to resolve the grievance.
2. If the chairman is unable to resolve the
				grievance, it shall be referred to a grievance committee. The committee shall
				consist of:
a. the chairman of the
				board;
b. the vice chairman (unless
				the chairman or vice chairman is the subject of the grievance); and
c. any other person or persons jointly
				selected by the chairman and vice chairman.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XI - Committee on Parole › Chapter 17 - Grievance Procedure › Section XI-1705 - Resolution of Grievance

Current through Register Vol. 50, No. 6, June 20, 2024
A. A written
				response to the grievance shall be mailed to the complaining party.
B. If it is determined that a board member
				has violated the Louisiana Committee on Parole rules and procedures, Department
				of Public Safety and Corrections regulations, or the
Louisiana
Revised Statutes
, a letter shall be issued notifying the board
				member of the violation and a copy forwarded to the governor for
				disposition.
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 XI - Committee on Parole › Chapter 19 - Board of Parole Code of Ethics › Section XI-1901 - General

Current through Register Vol. 50, No. 6, June 20, 2024
A. All board
				members are governed by the
Code of Governmental Ethics
(R.S.
				42:15 et seq.), as well as this Code of
				Ethics (LAC 22:XI.Chapter 19).
B.
				Since board members are in a position of public trust, they are not to engage
				in any activities, either privately or officially, where a conflict of interest
				may exist.
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 XI - Committee on Parole › Chapter 19 - Board of Parole Code of Ethics › Section XI-1902 - Prohibitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Board members
				are prohibited from accepting or giving gifts, gratuities or rewards for doing
				any service or thing pertaining to the duties expected in the performance of
				their jobs.
B. Board members are
				prohibited from using their positions to influence other decision-makers in the
				criminal justice system.
C. Board
				members are prohibited from allowing political influence to color their
				decisions.
D. The
Code of
				Governmental Ethics
prohibits board members from "serving two masters"
				(conflict of interest). Board members shall devote themselves full time to the
				duties of their office and shall not engage in any other business or profession
				or hold any other public office.
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 XI - Committee on Parole › Chapter 19 - Board of Parole Code of Ethics › Section XI-1903 - Integrity

Current through Register Vol. 50, No. 6, June 20, 2024
A. Operational
				weaknesses and failure to achieve satisfactory performances are serious
				matters, but compromising integrity to achieve or report satisfactory
				performance is infinitely more serious.
B. Board members must set a good example at
				every opportunity. Their actions and direction should leave no avenue for doubt
				that they have completely and honestly performed their duties.
C. Board members must eliminate any
				appearance of impropriety, no matter how minor, toward violations or
				compromises of integrity. To achieve and maintain their objective, it is
				absolutely essential that board members be continuously conscious of their
				personal responsibility to practice integrity as they conduct their daily
				activities.
D. From time to time,
				infractions of integrity may be uncovered. There is no excuse for such
				infractions and they will not be condoned. Personal integrity must be complete
				and above reproach. If and when detected, infractions shall be reported to the
				appropriate authorities, and those responsible should be dealt with, in the
				most severe manner possible.
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 XIII - Crime Victims Reparations Board › Chapter 1 - Authority and Definitions › Section XIII-101 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. Rules and
				regulations are hereby established by the Crime Victims Reparations Board by
				order of the Crime Victims Reparations Act,
				R.S.
				46:1801 et seq., Act 250 of the 1982
				Louisiana Legislature.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  46:1801 et
				  seq.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XIII - Crime Victims Reparations Board › Chapter 3 - Eligibility and Application Process › Section XIII-301 - Eligibility

Current through Register Vol. 50, No. 6, June 20, 2024
A.To be eligible
				for compensation, an individual must have suffered personal injury, death or
				catastrophic property loss as a result of a violent crime.
1. Victim Conduct and Behavior
a. The Crime Victims Reparations Board may
				vote to deny or reduce an award to a claimant who is a victim, or who files an
				application on behalf of a victim. When one part of an award is denied, the
				board shall favor a partial award over the total denial. And an award may be
				denied or reduced when any of the following occurs:
i. The victim was assisting, attempting, or
				engaging in an illegal activity that substantially caused the injuries that are
				the basis for the claim.
ii. The
				totality of circumstances indicate that the victim contributed to or provoked
				the offense through his/her own misconduct.
iii. The victim contributed to or provoked
				the offense through his/her own misconduct.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XIII - Crime Victims Reparations Board › Chapter 3 - Eligibility and Application Process › Section XIII-303 - Application Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. Claimant
				Responsibility
1.Applications for reparations
				must be submitted to the sheriff's office in the parish where the crime
				occurred, filed online at the board's website, or sent directly to the board's
				office. Applications involving an adult victim of a sexually-oriented criminal
				offense are sent directly to the board's office.
2. Applications:
a. must be signed and dated by the
				victim/claimant. If the victim is a minor, the parent or guardian is the
				claimant and must sign. If the victim is deceased, the person responsible for
				the expenses can be the claimant and must sign the application;
b. Victims of sexual assault may assign their
				right to collect medical expenses associated with the sexual assault to a
				hospital/health care facility. The hospital/health care facility may then apply
				for reparations.
c. An adult victim
				of a criminal offense is not required to report the crime to any law
				enforcement officer in order to file an application.
d. If a victim chooses not to report the
				crime to a law enforcement officer, the claimant must submit reasonable
				documentation (as provided by
				R.S.
				46:1806(A.)(1)(b) with the application) to
				show the commission of a crime relevant to the application.
e. If a victim chooses not to report the
				crime to a law enforcement officer, he or she must submit a certification from
				a healthcare provider or coroner that a forensic medical examination of the
				victim was conducted.
3.
				The claimant, who is not a healthcare provider, must list each expense being
				claimed.
4. An itemized bill, not a
				billing statement, must accompany the application for each non-FME expense
				claimed.
5. All invoices, bills,
				etc. must indicate the victim/claimant as the guarantor, except for victims of
				a sexually-oriented criminal offense. Victims of a sexually-oriented criminal
				offense cannot be billed for costs associated with a forensic medical
				exam.
6. The victim/claimant is
				required to use claim forms to seek additional compensation after the original
				award is made.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XIII - Crime Victims Reparations Board › Chapter 5 - Awards › Section XIII-501 - Payment of Awards

Current through Register Vol. 50, No. 6, June 20, 2024
A. Only
				verified expenses can be reimbursed.
B. Verification of Claimed Expenses
1. Each type of claim form used by the board
				should identify the documents that must be submitted by the victim/claimant to
				support and verify a claimed expense.
2. When applications lack documentation
				necessary for a decision or award in total or in part, and adequate effort has
				been made to acquire that information, the application will be placed on an
				agenda and the decision and award will be based on that information available.
				Should the formerly sought information become available, a supplemental
				application can be filed.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XIII - Crime Victims Reparations Board › Chapter 5 - Awards › Section XIII-503 - Limits on Awards

Current through Register Vol. 50, No. 6, June 20, 2024
A. General
1. There will be a $15,000 limit for awards
				for all victims with the exception of those primary victims who become totally
				and permanently disabled as a result of the crime. For those awards, the board
				may, at its discretion, award up to $25,000, depending on availability of
				funds, its administrative rule limits for certain award benefits, and the
				extent, if any, of collateral resources. For purposes of this Section:
a. a victim is "totally and permanently
				disabled" if the victim has a physical or mental impairment that substantially
				precludes them from obtaining gainful employment and appears reasonably certain
				to continue without substantial improvement throughout their life;
b. the board reserves the right to obtain an
				impartial medical expert, at its expense, if necessary, to assess the degree of
				disability of the victim.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 1 - Purpose and Definitions › Section XV-101 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				these guidelines is to effectuate an equitable distribution of state funds to
				the 41 judicial district indigent defender boards based on articulated,
				quantifiable, and verifiable criteria and improve the delivery of defense
				services to the poor within the authority of the Constitution of the United
				States and the Constitution and laws of the State of Louisiana. The Louisiana
				Indigent Defense Assistance Board has adopted these rules pursuant to R.S.
				15:151.2 (F).
1. The purpose of these
				guidelines is to effectuate a program of legal representation to indigent
				individuals sentenced to death within the authority of the Constitution of the
				United States and the Constitution and laws of the state of
				Louisiana.
2. These rules and
				guidelines are designed to provide for prompt representation on appeal and curb
				the acute problems of unnecessary delay in the filing of an application for
				post-conviction relief in capital cases; to instill public confidence in the
				process of appellate and post-conviction review; to construct a financially
				sound and publicly accountable programmatic approach for the delivery of
				defense services to indigent individuals sentenced to death; and, to
				efficiently and effectively provide for judicial review and finality of capital
				appellate and post-conviction proceedings.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 2 - Funding of Expert Witness, Specialized Scientific Testing, and Other Ancillary Services for Indigents Convicted of Capital Crimes › Section XV-201 - Eligibility Criteria

Current through Register Vol. 50, No. 6, June 20, 2024
A. To the
				extent funds are available, funding of expert witnesses, specialized scientific
				testing and other ancillary services is limited to persons who meet indigency
				standards pursuant to
				R.S.
				15:147.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 15:151.2
				  (C).
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 2 - Funding of Expert Witness, Specialized Scientific Testing, and Other Ancillary Services for Indigents Convicted of Capital Crimes › Section XV-203 - Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applications on
				behalf of indigents sentenced to death for funding of reasonably necessary
				services of expert witnesses, cost of specialized scientific testing and other
				ancillary services associated with legal representation mandated by the
				Constitution of the United States and the Constitution and laws of the state of
				Louisiana shall be in writing and include the following:
1. name of indigent seeking
				funding;
2. a statement of
				justification of the need for services of an expert witness, specialized
				scientific testing, and/or other ancillary services;
3. name of expert witness or entity
				conducting specialized scientific testing or other ancillary services;
				and
4. estimated cost of fees for
				the services requested.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 2 - Funding of Expert Witness, Specialized Scientific Testing, and Other Ancillary Services for Indigents Convicted of Capital Crimes › Section XV-205 - Review of Applications for Funding of Expert Witness and Specialized Scientific Testing

Current through Register Vol. 50, No. 6, June 20, 2024
A. The review
				of applications for funding of expert witnesses specialized scientific testing
				and/or other ancillary services by indigents sentenced to death will be
				conducted by a non-profit corporation specializing in the representation of
				indigents in capital post-conviction proceedings designated by the Louisiana
				Indigent Defense Assistance Board, hereinafter referred to as Capital
				Post-Conviction Program. The Capital Post-Conviction Program shall take action
				upon an application for funding within 30 days of receipt of the application
				either by approval of the application, denial of the application, or by the
				request of additional information regarding the application. Should the Capital
				Post-Conviction Program request additional information from the applicant, the
				Capital Post-Conviction Program shall take action by approval or denial of the
				application within 30 days of the receipt of the additional information
				requested. The Capital Post-Conviction Program will use the
ABA
				Guidelines for the Appointment and Performance of Defense Counsel in Death
				Penalty Cases
(2003) for evaluation of all applications. Final
				approval of applications under this provision is subject to the availability of
				funds.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 15:151.2
				  (C).
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 2 - Funding of Expert Witness, Specialized Scientific Testing, and Other Ancillary Services for Indigents Convicted of Capital Crimes › Section XV-207 - Appeals Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A. Should an
				application for funding under §205. A be denied in part or full, the
				applicant has 30 days from the date of the letter notifying applicant of denial
				to request in writing that the application be reviewed by the director of the
				Louisiana Indigent Defense Assistance Board. Decisions of the director are
				final.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 15:151.2
				  (C).
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 3 - Guidelines and Eligibility Criteria › Section XV-301 - Eligibility Criteria for Direct and Indirect Supplemental Assistance

Current through Register Vol. 50, No. 6, June 20, 2024
A. A district
				indigent defender board shall not be eligible to receive supplemental
				assistance from the Indigent Defense Assistance Board unless the following
				criteria are met.
1. All courts within the
				judicial district are assessing at least $25 in court costs in accordance with
				R.S.
				15:146, provided the amount of court costs
				being assessed shall not bar supplemental assistance to cover the costs of
				defense services in capital cases.
2. The judicial district indigent defender
				board has instituted and is complying with a system to assure that defense
				services are limited only to those who meet indigency standards after
				reasonable inquiry, including compliance with
				R.S.
				15:147. In all proceedings where defense
				services are provided by a judicial district indigent defender board, the board
				shall file, in the record of the proceedings, a written certification attesting
				to the individual's indigency, signed by the client or a representative of the
				judicial district indigent defender board.
3. A judicial district indigent defender
				board is providing legal services and related expenses only to the extent
				required by the Constitution of Louisiana or the Constitution of the United
				States of America or specific statutory provisions affording the right of
				counsel to indigents.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 3 - Guidelines and Eligibility Criteria › Section XV-305 - General Certification Guidelines for Capital Appellate and Post-Conviction Counsel

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				following standards shall be applied to contract attorney certification under
				any part of this rule.
1. The attorney shall
				be familiar with the practice and procedure of the criminal courts of Louisiana
				and shall be a member in good standing of Louisiana State Bar Association or
				admitted to practice pro hac vice.
2. The attorney shall be familiar with the
				use of expert witnesses and evidence, including but not limited to, psychiatric
				and forensic evidence.
3. Within
				one year of an initial application for certification by the Louisiana Indigent
				Defense Assistance Board, the attorney shall complete a minimum of 12 hours of
				board-approved training primarily involving advocacy in the field of capital
				appellate or post-conviction defense.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 3 - Guidelines and Eligibility Criteria › Section XV-307 - Certification Guidelines for Capital Appellate Counsel

Current through Register Vol. 50, No. 6, June 20, 2024
A. To be certified to serve as counsel in the
				appeal of a capital case, an attorney shall satisfy the following minimum
				standards:
1. be familiar with the practice
				and procedure of the Louisiana Supreme Court in the appeal of capital cases and
				the practice and procedure of the United States Supreme Court in the
				application for writs of certiorari in capital cases;
2. be an experienced and active trial or
				appellate practitioner with at least five years experience in the field of
				criminal defense;
3. have prior
				experience within the last five years as counsel of record in the appeal of no
				fewer than three felony convictions in federal or state court; and
4. have prior experience within the last five
				years as counsel of record in the appeal or post-conviction application, in
				federal or state court, of at least one case where a sentence of death was
				imposed;
5. in cases in which
				applicants lack the requirements of Paragraphs 1-4 above, the chair of the
				board of the Louisiana Indigent Defense Assistance Board may grant permission
				for that applicant to be certified.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 3 - Guidelines and Eligibility Criteria › Section XV-309 - Certification Guidelines for Capital Post-Conviction Counsel

Current through Register Vol. 50, No. 6, June 20, 2024
A. To be certified to serve as counsel for
				purposes of state post-conviction, an attorney shall satisfy the following
				minimum standards:
1. be familiar with the
				substantive law and the practice and procedure of the courts of Louisiana in
				the review of capital post-conviction applications;
2. be familiar with federal habeas corpus
				statutory law, practice and procedure, particularly including federal review of
				state capital post-conviction procedures;
3. be an experienced and active trial,
				appellate, or post-conviction practitioner with at least three years experience
				in the field of criminal defense; and
4. have prior experience within the last
				three years as counsel of record in a capital post-conviction application, in
				state or federal court, or at least one case where a sentence of death was
				imposed, demonstrating clear competence and diligence in the representation
				provided;
5. in cases in which
				applicants lack the requirements of Paragraphs 1-4 above, the chair of the
				board of the Louisiana Indigent Defense Assistance Board or Director of the
				Capital Post-Conviction Project of Louisiana may grant permission for that
				applicant to be certified.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 5 - Procedure for Supplemental Assistance and Appointment of Counsel for Indigent Defendants Sentenced to Death › Section XV-501 - Grant-in-Aid Programs

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				Louisiana Indigent Defense Assistance Board may provide direct assistance to
				judicial district indigent defender boards based on the LIDAB's funding levels,
				a judicial district indigent defender board's demonstrated need, and compliance
				with the following guidelines. Grant-in-aid programs established by the LIDAB
				are intended to provide supplemental assistance to qualifying district indigent
				defender boards for all criminal and juvenile proceedings where the right to
				the assistance of counsel provided by the state has been established. All
				judicial district indigent defender boards willing to comply with the
				standards, guidelines, and policies of the Louisiana Indigent Defense
				Assistance Board are eligible to apply for supplemental assistance.
1. Supplemental assistance is available to a
				judicial district indigent defender board to assist it in improving the quality
				of indigent defense on a continuing basis. The major goals of these programs
				are the following:
a. to lower public defender
				workloads to levels consistent with recognized standards of professionalism and
				national caseload standards;
b. to
				increase the availability of trained and qualified attorneys certified to
				handle capital and appellate matters on behalf of indigent clients;
c. to provide more effective attorney unit
				support in the form of investigators, paralegals, secretaries, technology, and
				other forms of office support;
d.
				to improve criminal defense knowledge and skill through training, specialized
				continuing legal education, and improved supervision;
e. to defray the costs of expert witnesses
				and specialized scientific testing; and
f. to improve the process by which an
				individual is determined to be in need of state-provided defense
				services.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 5 - Procedure for Supplemental Assistance and Appointment of Counsel for Indigent Defendants Sentenced to Death › Section XV-503 - Appointment of Appellate and Post-Conviction Counsel in Death Penalty Cases

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Louisiana
				Indigent Defense Assistance Board, through its director, shall, within 30 days
				of formal notice from a court having jurisdiction over the appeal of the
				capital case of an indigent, cause to have counsel enrolled to represent the
				defendant on direct appeal.
B. The
				Louisiana Indigent Defense Assistance Board, through its director, shall,
				within 30 days of finality of an indigent capital defendant's appeal, cause to
				have counsel enrolled to represent the defendant for purposes of state
				post-conviction proceedings.
C. To
				the extent funding is available, the Louisiana Indigent Defense Assistance
				Board may create, manage, and/or contract with a separate entity, with such
				staff and support personnel as are necessary, to provide counsel to represent
				capital defendants on direct appeal to the Supreme Court of Louisiana and/or to
				seek post-conviction relief, if appropriate, in state and federal court,
				subject to Subsection E below.
D.
				In the event staff counsel of said separate entity is not available for
				appointment on an appeal or in post-conviction proceedings, the Louisiana
				Indigent Defense Assistance Board shall cause to have counsel enrolled
				certified by it in accordance with the applicable provisions of §305-309
				above, provided that in no event shall contract counsel be remunerated at a
				rate in excess of salary levels of any staff attorneys of said entity as
				determined by the Louisiana Indigent Defense Assistance Board.
E. Counsel appointed by the Louisiana
				Indigent Defense Assistance Board may accept appointments from a federal court
				to represent capital defendants, provided funding for these defense services is
				provided by the appointing federal court and provided no state-appropriated
				funds are expended for the representation of capital defendants in federal
				court.
F. Any attorney who desires
				to be certified under the guidelines of this rule shall do so in accordance
				with the policies and procedures established by the Louisiana Indigent Defense
				Assistance Board.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:149.1 and
				  15:151.2(E)-(F).
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 5 - Procedure for Supplemental Assistance and Appointment of Counsel for Indigent Defendants Sentenced to Death › Section XV-505 - Monitoring and Removal of Certification of Capital Appellate and Post-Conviction Counsel

Current through Register Vol. 50, No. 6, June 20, 2024
A. Attorneys
				certified by the Louisiana Indigent Defense Assistance Board within the
				guidelines of this rule shall be monitored to ensure eligibility.
1. An attorney who fails to maintain his or
				her status and educational requirements as defined in
				§305 above shall
				not be considered certified for purposes of appointment in capital cases,
				provided an attorney may seek re-certification once the criteria of that
				section are satisfied.
2. Where
				there is compelling evidence that an attorney has inexcusably ignored basic
				responsibilities of an effective lawyer, resulting in prejudice to an indigent
				client's case, the attorney shall not be considered certified for purposes of
				appointment in capital cases. In this instance, an attorney shall be given an
				opportunity to respond in writing to specific charges of
				ineffectiveness.
3. Representation
				of a capital client establishes an inviolable attorney-client relationship.
				Thus, an attorney's eligibility to represent an indigent client may not be
				reviewed, except by a court of proper jurisdiction, on the basis of conduct
				involving a case in which the attorney is presently actively representing the
				client.
4. An attorney decertified
				under this rule shall not be re-certified unless the decertification is shown
				to have been erroneous or it is established to the satisfaction of a majority
				of the board that the cause of the failure to meet basic responsibilities has
				been identified and corrected.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 5 - Procedure for Supplemental Assistance and Appointment of Counsel for Indigent Defendants Sentenced to Death › Section XV-507 - Workload

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				standards shall serve as guides to attorneys eligible for appointment as
				capital appellate or post-conviction counsel.
1. Attorneys accepting appointments pursuant
				to this rule should provide each indigent client with quality representation in
				accordance with constitutional and professional standards. Capital counsel
				should not accept workloads which, by reason of their excessive size, interfere
				with the rendering of quality representation or lead to the breach of
				professional obligations.
2. To
				determine maximum workload, an attorney should consider, among other factors,
				quality of representation, speed of turnover of cases, percentage of cases
				being litigated, extent of support services available, court procedures, and
				involvement in complex litigation.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 5 - Procedure for Supplemental Assistance and Appointment of Counsel for Indigent Defendants Sentenced to Death › Section XV-509 - Support Services in Capital Appellate and Post-Conviction Cases

Current through Register Vol. 50, No. 6, June 20, 2024
A. Counsel
				appointed in accordance with this rule shall secure all proper and necessary
				support services, including, but not limited to, investigative, expert,
				mitigation, and any other support services necessary to prepare and present an
				adequate defense. An attorney should use all available support services and
				facilities needed for an effective performance at every stage of the
				proceedings. Counsel should seek financial and technical assistance from all
				possible sources, provided expenses are within the guidelines established by
				the Louisiana Indigent Defense Assistance Board.
B. Funds to pay for reasonably necessary
				services, to the extent funds are available, shall be provided only upon a
				written showing to the director or supervisor of any entity responsible for
				capital appellate or capital post-conviction representation pursuant to
				§503, specifically identifying the nature of the services, the cost of
				such services, and the need for such services.
C. A written application for support services
				which requests funding in excess of the Louisiana Indigent Defense Assistance
				Board's established guidelines must be submitted to the Louisiana Indigent
				Defense Assistance Board, through its director, for review and must be
				accompanied by specific justification for additional funding.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:149.1 and
				  15:151.2(E)-(F).