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Regular Session, 2012
SENATE BILL NO. 490
BY SENATOR MORRELL
CRIMINAL JUSTICE. Expands the workforce development sentencing program to include
additional judicial districts. (gov sig)
AN ACT1
To amend and reenact Chapter 34 of Title 13 of the Louisiana Revised Statutes of 1950, to2
be comprised of R.S. 13:5401, to enact Chapter 34-A of Title 13 of the Louisiana3
Revised Statutes of 1950, to be comprised of R.S. 13:5501, and to repeal R.S.4
13:621.41(J) and 1343(C), relative to reentry courts; to authorize the creation of5
reentry divisions of court in certain judicial district courts in the state; to provide for6
the implementation of the workforce development sentencing program in the reentry7
division; to provide for conditions and procedures; to provide for applicability; to8
repeal provisions related to the Criminal District Court of Orleans Parish or the9
Forty-First Judicial District workforce development program; and to provide for10
related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. Chapter 34 of Title 13 of the Louisiana Revised Statutes of 1950,13
comprised of R.S. 13:5401, is hereby amended and reenacted and Chapter 34-A of Title 1314
of the Louisiana Revised Statutes of 1950, comprised of R.S. 13:5501, is hereby enacted to15
read as follows:16
CHAPTER 34. REENTRY COURTS17 SB NO. 490
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§5401. District courts; reentry courts; subject matter1
A. The district courts as enumerated in Subsection C of this Section, by2
rule, adopted by a majority vote of the judges sitting en banc, may assign a3
certain division of the court as a reentry division of court. The reentry division4
of court shall establish a workforce development sentencing program, which5
shall establish guidelines for the issuance of sentences providing inmate6
rehabilitation and workforce development. The division of court and sentencing7
program shall work in conjunction with the Louisiana Workforce Investment8
Council and all efforts shall be coordinated and consistent with the provisions9
of R.S. 23:1 et seq.10
B. Participation in the workforce development sentencing program as11
authorized by the provisions of this Section shall be subject to the following12
provisions:13
(1) The court may recommend that a defendant participate in the14
workforce development sentencing program if all of the following criteria are15
satisfied:16
(a) The defendant meets the eligibility requirements for participation in17
the Offender Rehabilitation and Workforce Development Program as provided18
for in R.S. 15:1199.7.19
(b) The court determines that it is in the best interest of the community20
and in the interest of justice that the defendant be sentenced to the Offender21
Rehabilitation and Workforce Development Program.22
(c) The defendant is not sentenced to a term of incarceration which23
exceeds ten years.24
(d) The defendant shall not have any prior felony convictions for any25
offenses defined as a sex offense in R.S. 15:541.26
(e) The crime before the court shall not be a crime of violence as defined27
in R.S. 14:2(B), including domestic violence.28
(f) Other criminal proceedings alleging commission of a crime of29 SB NO. 490
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violence as defined in R.S. 14:2(B) shall not be pending against the defendant.1
(g) The crime before the court shall not be a charge of any crime that2
resulted in the death of a person.3
(2) Upon a determination that the defendant meets the eligibility criteria4
provided for in Paragraph (1) of this Subsection, the court shall advise the5
defendant that he may be eligible for enrollment in the workforce development6
sentencing program.7
(3) In offering a defendant the opportunity to request the program, the8
court shall advise the defendant of the following:9
(a) If the defendant is eligible to participate in the workforce10
development sentencing program, the defendant shall waive the right to a trial.11
The defendant shall enter a plea of guilty to the charge, with the stipulation that12
the defendant shall be sentenced to custody of the Department of Public Safety13
and Corrections to participate in the Offender Rehabilitation and Workforce14
Development Program and after successful completion of that program, he may15
petition the court to be placed on intensive reentry supervision by the court.16
(b) The court may impose any conditions reasonably related to the17
rehabilitation of the defendant.18
(4) The defendant has the right to be represented by counsel at all stages19
of a criminal prosecution and in any court hearing relating to the workforce20
development sentencing program. The defendant shall be represented by21
counsel during the determination of eligibility to participate in the workforce22
development sentencing program at the time of the execution of the sentencing23
agreement and at any hearing to discharge him from the program, unless the24
court finds and the record shows that the defendant has knowingly and25
intelligently waived his right to counsel.26
(5) The defendant shall agree to participation in the workforce27
development sentencing program.28
(6) The judge shall consider the following factors in determining29 SB NO. 490
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whether workforce development sentencing is in the interests of justice and of1
benefit to the defendant and the community:2
(a) The nature of the crime charged and the circumstances surrounding3
the crime.4
(b) Any special characteristics or circumstances of the defendant.5
(c) Whether there is a probability that the defendant will cooperate with6
and benefit from the workforce development sentencing program.7
(d) Whether the available workforce development sentencing program8
is appropriate to meet the needs of the defendant.9
(e) The impact of the defendant's sentencing upon the community.10
(f) Recommendations, if any, of the district attorney.11
(g) Recommendations, if any, of the involved law enforcement agency.12
(h) Recommendations, if any, of the victim.13
(i) Provisions for and the likelihood of obtaining restitution from the14
defendant.15
(j) Any mitigating circumstances.16
(k) Any other circumstances reasonably related to the defendant's case.17
(7)(a) If the judge determines that the defendant shall be enrolled in the18
workforce development sentencing program, the court shall accept the19
defendant's guilty plea and sentence the defendant to the custody of the20
Department of Public Safety and Corrections for participation in the Offender21
Rehabilitation and Workforce Development Program under the terms and22
conditions of the workforce development sentencing program.23
(b) If the judge determines that the defendant is not qualified for24
enrollment, the judge shall state for the record the reasons for that25
determination.26
(c) If the defendant successfully completes the Offender Rehabilitation27
and Workforce Development Program and successfully completes all other28
requirements of the workforce development sentencing program, he may29 SB NO. 490
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petition the court to be placed on intensive reentry supervision by the court. If1
the defendant does not successfully complete the Offender Rehabilitation and2
Workforce Development Program, the court shall sentence the defendant to3
serve the remainder of his sentence in the custody of the Department of Public4
Safety and Corrections.5
C. The following district courts may assign a certain division of the6
court as a reentry division of court in accordance with the provisions of this7
Section:8
(1) The Criminal District Court for the parish of Orleans or the Forty-9
First Judicial District Court.10
(2) The Nineteenth Judicial District Court.11
(3) The Twenty-Second Judicial District Court.12
CHAPTER 34-A. JUDICIAL COOPERATIVE ENDEAVORS13
§5401 5501. Judicial cooperative endeavors14
The various judicial district courts and district attorneys of Louisiana are15
authorized to enter into intergovernmental agreements with federal entities in order16
to share the administrative costs of funding the operations for joint programs funded17
by local, state, and federal assets.18
Section 2. R.S. 13:621.41(J) and 1343(C) are hereby repealed.19
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Cathy R. Wells.
DIGEST
Proposed law authorizes certain district courts to assign certain divisions to be designated
as reentry divisions of court.
Proposed law authorizes each reentry division to develop a workforce development
sentencing program.
Proposed law provides that the court may recommend that a defendant participate in the
workforce development sentencing program if all of the following criteria are satisfied:
1. The defendant meets the eligibility requirements for participation in the Offender
Rehabilitation and Workforce Development Program.
2. The court determines that it is in the best interest of the community and in the
interest of justice that the defendant be sentenced to the Offender Rehabilitation and SB NO. 490
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Workforce Development Program.
3. The defendant is not sentenced to a term of incarceration which exceeds 10 years.
4. The defendant shall not have any prior felony convictions for any offenses defined
as a sex offense.
5. The crime before the court shall not be a crime of violence including domestic
violence.
6. Other criminal proceedings alleging commission of a crime of violence shall not be
pending against the defendant.
7. The crime before the court shall not be a charge of any crime that resulted in the
death of a person.
Proposed law provides that if the defendant is eligible to participate in the workforce
development sentencing program, then the defendant shall waive the right to a trial. The
defendant shall enter a plea of guilty to the charge, with the stipulation that the defendant
shall be sentenced to custody of DPS&C to participate in the Offender Rehabilitation and
Workforce Development Program, and after successful completion of that program, he may
petition the court to be placed on intensive reentry supervision by the court.
Proposed law provides that if the judge determines that the defendant should be enrolled in
the workforce development sentencing program, the court shall accept the defendant's guilty
plea and sentence the defendant to the custody of DPS&C Offender Rehabilitation and
Workforce Development Program under the terms and conditions of the workforce
development sentencing program.
Proposed law provides that if the defendant successfully completes the Offender
Rehabilitation and Workforce Development Program and successfully completes all other
requirements of the workforce development sentencing program, he may petition the court
to be placed on intensive reentry supervision by the court. If the defendant does not
successfully complete the Offender Rehabilitation and Workforce Development Program,
the court shall sentence the defendant to serve the remainder of his sentence in the custody
of DPS&C.
Proposed law authorizes the criminal district court for the parish of Orleans or the 41
st
JDC,
the 19
th
JDC, and the 22
nd
JDC to establish a reentry division.
Proposed law repeals present law that provides for the Offender Rehabilitation and
Workforce Development Program in the criminal district court for the parish of Orleans or
the 41
st
JDC.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 13:5401; adds R.S. 13:5501; repeals R.S. 13:621.41(J) and 1343(C))