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ACT No. 726
Regular Session, 2010
HOUSE BILL NO. 1013
BY REPRESENTATIVE RICHMOND
AN ACT1
To enact R.S. 13:621.41(J) and 1343(C), relative to the Forty-First Judicial District Court2
and the Criminal District Court for the parish of Orleans; to provide for the3
implementation of the workforce development sentencing pilot project program for4
the reentry division of the Forty-First Judicial District Court and the reentry division5
of the Criminal District Court for the parish of Orleans; to provide for conditions and6
procedures; to provide for applicability; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 13:621.41(J) and 1343(C) are hereby enacted to read as follows: 9
§621.41. Forty-First Judicial District10
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J. Participation in the workforce development pilot program as authorized12
by the provisions of Paragraph (B)(3) of this Section shall be subject to the following13
provisions:14
(1) The court may recommend that a defendant participate in the workforce15
development sentencing pilot project program if all of the following criteria are16
satisfied:17
(a) The defendant meets the eligibility requirements for participation in the18
Offender Rehabilitation and Workforce Development Program as provided for in19
R.S. 15:1199.7.20
(b) The court determines that it is in the best interest of the community and21
in the interest of justice that the defendant be sentenced to the Offender22
Rehabilitation and Workforce Development Program.23 ENROLLEDHB NO. 1013
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(c) The defendant is not sentenced to a term of incarceration which exceeds1
ten years.2
(d) The defendant shall not have any prior felony convictions for any3
offenses defined as a sex offense in R.S. 15:541.4
(e) The crime before the court shall not be a crime of violence as defined in5
R.S. 14:2(B), including domestic violence.6
(f) Other criminal proceedings alleging commission of a crime of violence7
as defined in R.S. 14:2(B) shall not be pending against the defendant.8
(g) The crime before the court shall not be a charge of any crime that9
resulted in the death of a person.10
(2) Upon a determination that the defendant meets the eligibility criteria11
provided for in Paragraph (1) of this Subsection, the court shall advise the defendant12
that he or she may be eligible for enrollment in a court-authorized workforce13
development pilot program.14
(3) In offering a defendant the opportunity to request the program, the court15
shall advise the defendant of the following:16
(a) If the defendant is eligible to participate in the workforce development17
pilot program, then the defendant shall waive the right to a trial. The defendant shall18
enter a plea of guilty to the charge, with the stipulation that the defendant shall be19
sentenced to custody of the Department of Public Safety and Corrections to20
participate in the Offender Rehabilitation and Workforce Development Program, and21
after successful completion of that program, he may petition the court to be placed22
on intensive reentry supervision by the court.23
(b) The court may impose any conditions reasonably related to the24
rehabilitation of the defendant.25
(4) The defendant has the right to be represented by counsel at all stages of26
a criminal prosecution and in any court hearing relating to the workforce27
development pilot program. The defendant shall be represented by counsel during28
the determination of eligibility to participate in the workforce development pilot29
program at the time of the execution of the sentencing agreement and at any hearing30 ENROLLEDHB NO. 1013
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to discharge him from the program, unless the court finds and the record shows that1
the defendant has knowingly and intelligently waived his right to counsel.2
(5) The defendant shall agree to participation in the workforce development3
pilot program.4
(6) The judge shall consider the following factors in determining whether5
workforce development sentencing is in the interests of justice and of benefit to the6
defendant and the community:7
(a) The nature of the crime charged and the circumstances surrounding the8
crime.9
(b) Any special characteristics or circumstances of the defendant.10
(c) Whether there is a probability that the defendant will cooperate with and11
benefit from the workforce development pilot program.12
(d) Whether the available workforce development pilot program is13
appropriate to meet the needs of the defendant.14
(e) The impact of the defendant's sentencing upon the community.15
(f) Recommendations, if any, of the district attorney.16
(g) Recommendations, if any, of the involved law enforcement agency.17
(h) Recommendations, if any, of the victim.18
(i) Provisions for and the likelihood of obtaining restitution from the19
defendant.20
(j) Any mitigating circumstances.21
(k) Any other circumstances reasonably related to the defendant's case.22
(7)(a) If the judge determines that the defendant shall be enrolled in the23
workforce development pilot program, the court shall accept the defendant's guilty24
plea and sentence the defendant to the custody of the Department of Public Safety25
and Corrections for participation in the Offender Rehabilitation and Workforce26
Development Program under the terms and conditions of the workforce development27
pilot program.28
(b) If the judge determines that the defendant is not qualified for enrollment,29
the judge shall state for the record the reasons for that determination.30 ENROLLEDHB NO. 1013
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(c) If the defendant successfully completes the Offender Rehabilitation and1
Workforce Development Program and successfully completes all other requirements2
of the workforce development pilot program, he may petition the court to be placed3
on intensive reentry supervision by the court. If the defendant does not successfully4
complete the Offender Rehabilitation and Workforce Development Program, the5
court shall sentence the defendant to serve the remainder of his sentence in the6
custody of the Department of Public Safety and Corrections.7
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§1343. Allotment of cases among judges; holding of preliminary examination not9
ground for recusation10
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C. Participation in the workforce development pilot program as authorized12
by R.S. 13:621.41(B)(3) shall be subject to the following provisions:13
(1) The court may recommend that a defendant participate in the workforce14
development pilot program if all of the following criteria are satisfied:15
(a) The defendant meets the eligibility requirements for participation in the16
Offender Rehabilitation and Workforce Development Program as provided for in17
R.S. 15:1199.7.18
(b) The court determines that it is in the best interest of the community and19
in the interest of justice that the defendant be sentenced to the Offender20
Rehabilitation and Workforce Development Program.21
(c) The defendant is not sentenced to a term of incarceration which exceeds22
ten years.23
(d) The defendant shall not have any prior felony convictions for any24
offenses defined as a sex offense in R.S. 15:541.25
(e) The crime before the court shall not be a crime of violence as defined in26
R.S. 14:2(B), including domestic violence.27
(f) Other criminal proceedings alleging commission of a crime of violence28
as defined in R.S. 14:2(B) shall not be pending against the defendant.29 ENROLLEDHB NO. 1013
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are additions.
(g) The crime before the court shall not be a charge of any crime that1
resulted in the death of a person.2
(2) Upon a determination that the defendant meets the eligibility criteria3
provided for in Paragraph (1) of this Subsection, the court shall advise the defendant4
that he or she may be eligible for enrollment in a court-authorized workforce5
development pilot program.6
(3) In offering a defendant the opportunity to request the program, the court7
shall advise the defendant of the following:8
(a) If the defendant is eligible to participate in the workforce development9
pilot program, then the defendant shall waive the right to a trial. The defendant shall10
enter a plea of guilty to the charge, with the stipulation that the defendant shall be11
sentenced to custody of the Department of Public Safety and Corrections to12
participate in the Offender Rehabilitation and Workforce Development Program, and13
after successful completion of that program, he may petition the court to be placed14
on intensive reentry supervision by the court.15
(b) The court may impose any conditions reasonably related to the complete16
rehabilitation of the defendant.17
(4) The defendant has the right to be represented by counsel at all stages of18
a criminal prosecution and in any court hearing relating to the workforce19
development pilot program. The defendant shall be represented by counsel during20
the determination of eligibility to participate in the workforce development pilot21
program at the time of the execution of the sentencing agreement and at any hearing22
to discharge him from the program, unless the court finds and the record shows that23
the defendant has knowingly and intelligently waived his right to counsel.24
(5) The defendant shall agree to participation in the workforce development25
pilot program.26
(6) The judge shall consider the following factors in determining whether27
workforce development sentencing is in the interests of justice and of benefit to the28
defendant and the community:29 ENROLLEDHB NO. 1013
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are additions.
(a) The nature of the crime charged and the circumstances surrounding the1
crime.2
(b) Any special characteristics or circumstances of the defendant.3
(c) Whether there is a probability that the defendant will cooperate with and4
benefit from the workforce development pilot program.5
(d) Whether the available workforce development pilot program is6
appropriate to meet the needs of the defendant.7
(e) The impact of the defendant's sentencing upon the community.8
(f) Recommendations, if any, of the district attorney.9
(g) Recommendations, if any, of the involved law enforcement agency.10
(h) Recommendations, if any, of the victim.11
(i) Provisions for and the likelihood of obtaining restitution from the12
defendant.13
(j) Any mitigating circumstances.14
(k) Any other circumstances reasonably related to the defendant's case.15
(7)(a) If the judge determines that the defendant shall be enrolled in the16
workforce development pilot program, the court shall accept the defendant's guilty17
plea and sentence the defendant to the custody of the Department of Public Safety18
and Corrections for participation in the Offender Rehabilitation and Workforce19
Development Program under the terms and conditions of the workforce development20
pilot program.21
(b) If the judge determines that the defendant is not qualified for enrollment,22
the judge shall state for the record the reasons for that determination.23
(c) If the defendant successfully completes the Offender Rehabilitation and24
Workforce Development Program and successfully completes all other requirements25
of the workforce development pilot program, he may petition the court to be placed26
on intensive reentry supervision by the court. If the defendant does not successfully27
complete the Offender Rehabilitation and Workforce Development Program, the28 ENROLLEDHB NO. 1013
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court shall sentence the defendant to serve the remainder of his sentence in the1
custody of the Department of Public Safety and Corrections.2
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: