HLS 10RS-470 ORIGINAL
Page 1 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 482
BY REPRESENTATIVE ROSALIND JONES
JUVENILE PROCEDURE: Provides with respect to the disposition of juvenile offenders
AN ACT1
To amend and reenact Children's Code Articles 893(B), 901(D), and 903(B)(6) and to enact2
Children's Code Article 905.1, relative to juvenile delinquency; to provide with3
respect to the disposition of juvenile offenders; to provide for the periodic evaluation4
of the disposition; to provide for the modification of the judgment of disposition; and5
to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Children's Code Articles 893(B), 901(D), and 903(B)(6) are hereby8
amended and reenacted and Children's Code Article 905.1 is hereby enacted to read as9
follows: 10
Art. 893. Disposition hearing; evidence 11
* * *12
B.(1) All evidence helpful in determining the proper disposition, including13
oral and written reports, the report of the predisposition investigation, any reports of14
mental evaluation, and all other evidence offered by the child or the state shall be15
received by the court and may be relied upon to the extent of its probative value even16
though not admissible at the adjudication hearing. Upon motion of the district17
attorney or the child, the court may hear testimony from the victim of the offense.18
(2) At the disposition hearing, the office of juvenile justice shall provide a19
written report to the court containing a brief statement as to the child's needs for or20 HLS 10RS-470 ORIGINAL
HB NO. 482
Page 2 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
rehabilitation, the resources available in the community which could provide needed1
assistance to the child, and any recommendations for disposition, including, if2
applicable, special conditions of supervision.3
* * *4
Art. 901. Disposition guidelines; generally5
* * *6
D.(1) In its determination of the proper disposition for the child, the court7
shall review and consider any report or information provided by the office of8
juvenile justice pursuant to Article 893. If the court deviates from the9
recommendations of the office of juvenile justice, the court shall provide written10
reasons for deviating from those recommendations. 11
(2) The following grounds, while not controlling the discretion of the court,12
shall be accorded weight in its determination of suspension of the disposition or13
probation:14
(1)(a) The child's delinquent conduct neither caused nor threatened serious15
harm.16
(2)(b) The child did not contemplate that his delinquent conduct would cause17
or threaten serious harm.18
(3)(c) The child acted under strong provocation.19
(4)(d) There were substantial grounds tending to excuse or justify the child's20
delinquent conduct, though failing to establish a defense.21
(5)(e) The victim of the child's delinquent conduct induced or facilitated its22
commission.23
(6)(f) The child or his family has compensated or will compensate the victim24
of his delinquent conduct for the damage or injury that the victim sustained.25
(7)(g) The child has no history of prior delinquency or has led a law-abiding26
life for a substantial period of time before the commission of the instant delinquent27
act.28 HLS 10RS-470 ORIGINAL
HB NO. 482
Page 3 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(8)(h) The child's delinquent conduct was the result of circumstances1
unlikely to recur.2
(9)(i) The character and attitudes of the child indicate that he is unlikely to3
commit another delinquent act or crime.4
(10)(j) The child is particularly likely to respond affirmatively to5
probationary treatment.6
(11)(k) The commitment of the child would entail excessive hardship to7
himself or his family.8
* * *9
Art. 903. Judgment of disposition10
* * *11
B. The court shall enter into the record a written judgment of disposition12
specifying all of the following:13
* * *14
(6) The minimum and maximum duration of the disposition and, if15
committed to the custody of the Department of Public Safety and Corrections, the16
minimum and maximum term of the commitment.17
* * *18
Art. 905.1. Periodic evaluation of status19
A. No later than six months after the minimum duration or term ordered by20
the court pursuant to Article 903 or pursuant to Subparagraph (B)(5) of this Section,21
the court, the district attorney, and the office of juvenile justice shall evaluate the22
child's current disposition or commitment status to determine if the child's23
disposition or commitment serves the child's current needs of rehabilitation.24
B. If the court, district attorney, and the office of juvenile justice25
unanimously agree that the judgment disposition or commitment shall be amended,26
the court shall enter into the record a written modified judgment of disposition or27
commitment which shall include the following:28
(1) The nature of the modified disposition.29 HLS 10RS-470 ORIGINAL
HB NO. 482
Page 4 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(2) The agency, institution, or person to whom the child is assigned.1
(3) The conditions of probation, if applicable.2
(4) Any other applicable terms and conditions regarding the modified3
disposition.4
(5) The modified minimum and maximum duration of the disposition, and5
if committed to the custody of the Department of Public Safety and Corrections, the6
minimum and maximum term of commitment.7
(6) The date the modified judgment of disposition or commitment was8
entered into the record.9
C. Pursuant to the provisions of this Article, if the court, the district attorney,10
and the office of juvenile justice unanimously agree that the child has been11
successfully rehabilitated, the court shall order the release of the child.12
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Rosalind Jones HB No. 482
Abstract: Provides with respect to the disposition of juvenile offenders.
Present law provides that the court shall receive, and may rely upon, all evidence helpful in
determining the proper disposition.
Proposed law amends present law and requires office of juvenile justice (OJJ) to provide a
written report to the court containing a brief statement as to the child's needs for
rehabilitation, the resources available in the community which could provide needed
assistance to the child, and any recommendations for disposition.
Proposed law provides that the court, in its determination of the proper disposition for the
child, shall review and consider any report or information provided by OJJ, and shall provide
written reasons for any deviations from OJJ's recommendations.
Present law provides that the court shall enter into the record a written judgment of
disposition specifying the maximum duration of the disposition and, if committed to the
custody of DPS&C, the maximum term of the commitment.
Proposed law amends present law providing that the court shall also specify the minimum
duration of disposition or, if committed to DPS&C, the minimum term of commitment.
Proposed law provides for the periodic evaluation of the status of the child's disposition by
the court, district attorney, and OJJ, beginning no later than six months after the minimum
duration, or modified minimum duration, ordered by the court. Further provides that any
changes to the child's disposition must be reflected in an amended judgment which contains HLS 10RS-470 ORIGINAL
HB NO. 482
Page 5 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
the following information: the nature of the modified disposition; the agency, institution,
or person to whom the child is assigned; the conditions of probation, if applicable; any other
applicable terms and conditions regarding the modified disposition; the modified minimum
and maximum duration of the disposition, and if committed to the custody of DPS&C, the
minimum and maximum term of commitment; and the date the modified judgment of
disposition or commitment was entered into the record.
Proposed law provides for procedures for the release of the child.
(Amends Ch.C. Arts. 893(B), 901(D), and 903(B)(6); Adds Ch.C. Art. 905.1)