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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 252
BY SENATOR NEVERS
CRIMINAL JUSTICE. Provides relative to the 22
nd
Judicial District Court's presentencing
investigation assessment policy. (8/1/14)
AN ACT1
To amend and reenact R.S. 15:326 and 327, relative to sentencing; to provide relative to the2
Twenty-Second Judicial District Court sentencing policies and procedures; to3
provide for presentence investigation assessments; to provide for the use of a4
validated risk and needs assessment tool; to provide for certain terms, conditions and5
procedures; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 15:326 and 327 are hereby amended and reenacted to read as8
follows:9
§326. Administration of presentence investigation assessment tool and evaluation10
report11
A. For purposes of this Chapter, after January 1, 2014 2015, all criminal12
divisions within the Twenty-Second Judicial District Court shall may use a single13
presentence investigation validated risk and needs assessment tool prior to14
sentencing an adult offender eligible for assessment. The presentence15
investigation assessment program shall be administered by the judges of the16
Twenty-Second Judicial District Court. The court shall adopt rules to provide17 SB NO. 252
SLS 14RS-297 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
relative to the eligibility and administration of the presentence investigation1
assessments, storing and making available assessment results, and compiling2
statistics gathered from the assessments.3
B. Eligibility for presentence investigation assessment shall be limited4
to an adult felony defendant who is otherwise eligible for probation or reentry5
after adjudication of guilt, and who has executed a valid counseled waiver6
authorizing the assessment. For purposes of this Section, "adjudication of7
guilt" is defined as any finding of guilt, plea of guilty, or adjudication under8
Code of Criminal Procedure Article 893. A "valid counseled waiver" shall9
consist of a document signed by the defendant after consultation with counsel10
expressing the defendant's complete and irrevocable written acknowledgment11
of the purpose of the assessment and waiver of confidentiality over the global12
risk scores contained in the presentence investigation validated risk and needs13
assessment tool.14
B.C. The presentence investigation assessment tool shall be administered15
at the time of arraignment after adjudication and prior to sentencing, and by16
trained and certified personnel within the court's misdemeanor probation office.17
However, upon the court's own motion or by motion of defense counsel, for good18
cause shown, the court may order the administration of a subsequent assessment for19
a defendant who was previously assessed. An evaluation report shall be prepared20
based upon the findings of the presentence investigation assessment tool.21
C.D. The evaluation report shall be made available to the court and defense22
counsel prior to the initial pretrial conference, but Prior to the imposition of23
sentence, the presentence investigation assessment results, including the24
evaluation report, shall be made available to counsel for the defendant and the25
district attorney. The defendant and the district attorney shall have the26
opportunity to challenge the presentence investigation assessment prior to27
imposition of sentence, and upon good cause shown to the court, may review the28
other reports and data associated with the presentence assessment investigation.29 SB NO. 252
SLS 14RS-297 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The presentence investigation assessment results, including the evaluation1
report, shall otherwise remain confidential and kept as part of the record under court2
seal.3
D.E. The district court shall develop policies and protocols no later than4
January 1, 20142015, regarding the administration and use of the presentence5
investigation assessment tool, assessment results, and evaluation reports pursuant6
to this Chapter. These policies shall include confidentiality periods, maintaining the7
integrity of the presentence investigation assessment tool, training, and data8
collection and sharing among affected entities. The Twenty-Second Judicial District9
Court is authorized to provide funding for any expenses related to the administration10
and use of the presentence investigation assessment tool and evaluation reports.11
§327. Use of assessment tool and report12
A. The presentence investigation validated risk and needs assessment tool13
and evaluation report shall may be utilized by the sentencing court at the pretrial14
stage when prior to determining an appropriate sentence, in order to evaluate the15
defendant's risk of committing future offenses and to reduce the recidivism of the16
defendant. In determining an appropriate sentence, the sentencing court shall17
consider the results of the defendant's risk and needs assessment included in the18
evaluation report, together with the likely impact of a possible sentence on the19
reduction of potential future criminal behavior of the defendant.20
B. The presentence investigation assessment tool and evaluation report may21
also be used to determine eligibility or suitability of the defendant for any available22
specialty court.23
C. Nothing in this Chapter shall be construed to confer upon the24
defendant any substantive, procedural or appellate right, or any additional25
post-conviction right or remedy.26 SB NO. 252
SLS 14RS-297 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Julie J. Baxter.
DIGEST
Nevers (SB 252)
Present law provides that after January 1, 2014, all criminal divisions within the 22
nd
JDC
shall use a single validated risk and needs assessment tool prior to sentencing an adult
offender.
Proposed law provides that after January 1, 2015, all criminal divisions within the 22
nd
JDC
may use a single presentence investigation validated risk and needs assessment tool prior to
sentencing an adult offender eligible for assessment.
Proposed law provides that the presentence investigation assessment program shall be
administered by the judges of the 22
nd
JDC, and further provides that the court shall adopt
rules to provide relative to the eligibility and administration of the presentence investigation
assessments, storing and making available assessment results, and compiling statistics
gathered from the assessments.
Proposed law further provides that eligibility for presentence investigation assessment shall
be limited to an adult felony defendant who is otherwise eligible for probation or reentry
after adjudication of guilt, and who has executed a valid counseled waiver authorizing the
assessment. Proposed law defines "adjudication of guilt" as any finding of guilt, plea of
guilty, or adjudication under Code of Criminal Procedure Article 893. Proposed law
provides that a "valid counseled waiver" shall consist of a document signed by the defendant
after consultation with counsel expressing the defendant's complete and irrevocable written
acknowledgment of the purpose of the assessment and waiver of confidentiality over the
global risk scores contained in the presentence investigation validated risk and needs
assessment tool.
Present law provides that the assessment tool shall be administered at the time of
arraignment by trained and certified personnel within the court's misdemeanor probation
office.
Proposed law provides that the presentence investigation assessment tool shall be
administered after adjudication and prior to sentencing, and by trained and certified
personnel within the court's misdemeanor probation office.
Present law provides that, upon the court's own motion or by motion of defense counsel, for
good cause shown, the court may order the administration of a subsequent assessment.
Proposed law provides that, upon the court's own motion or by motion of defense counsel,
for good cause shown, the court may order the administration of a subsequent assessment
for a defendant who was previously assessed.
Present law provides that an evaluation report shall be prepared based upon the findings of
the assessment tool.
Proposed law provides that an evaluation report shall be prepared based upon the findings
of the presentence investigation assessment tool.
Present law provides that the evaluation report shall be made available to the court and
defense counsel prior to the initial pretrial conference, but shall otherwise remain
confidential and kept as part of the record under court seal.
Proposed law provides that prior to the imposition of sentence, the presentence investigation SB NO. 252
SLS 14RS-297 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
assessment results, including the evaluation report, shall be made available to counsel for
the defendant and the district attorney. Proposed law further provides that the defendant and
the district attorney shall have the opportunity to challenge the presentence investigation
assessment prior to imposition of sentence and, upon good cause shown to the court, may
review the other reports and data associated with the presentence assessment investigation.
Proposed law provides that the presentence investigation assessment results, including the
evaluation report, shall otherwise remain confidential and kept as part of the record under
court seal.
Present law provides that the district court shall develop policies and protocols no later than
January 1, 2014, regarding the administration and use of the assessment tool and evaluation
reports. Present law further provides that these policies shall include confidentiality periods,
maintaining the integrity of the assessment tool, training and data collection and sharing
among affected entities. Present law further provides that the 22
nd
JDC is authorized to
provide funding for any expenses related to the administration and use of the assessment and
evaluation reports.
Proposed law provides that the district court shall develop policies and protocols no later
than January 1, 2015, regarding the administration and use of the presentence investigation
assessment tool, assessment results, and evaluation reports. Proposed law further provides
that these policies shall include confidentiality periods, maintaining the integrity of the
presentence investigation assessment tool, training, and data collection and sharing among
affected entities. Proposed law further provides that the 22
nd
JDC is authorized to provide
funding for any expenses related to the administration and use of the presentence
investigation assessment tool and evaluation reports.
Present law provides that the validated risk and needs assessment tool and evaluation report
shall be utilized by the sentencing court at the pretrial stage determining an appropriate
sentence, in order to evaluate the defendant's risk of committing future offenses and to
reduce the recidivism of the defendant.
Proposed law provides that the presentence investigation validated risk and needs assessment
tool and evaluation report may be utilized by the sentencing court prior to determining an
appropriate sentence, in order to evaluate the defendant's risk of committing future offenses
and to reduce the recidivism of the defendant.
Present law provides that, in determining an appropriate sentence, the sentencing court shall
consider the results of the defendant's risk and needs assessment included in the evaluation
report, together with the likely impact of a possible sentence on the reduction of potential
future criminal behavior of the defendant.
Proposed law repeals present law.
Present law provides that the assessment tool and evaluation report may also be used to
determine eligibility or suitability of the defendant for any available specialty court.
Proposed law provides that the presentence investigation assessment tool and evaluation
report may also be used to determine eligibility or suitability of the defendant for any
available specialty court.
Proposed law further provides that nothing in proposed law shall be construed to confer upon
the defendant any substantive, procedural or appellate right, nor any additional post-
conviction right or remedy.
Effective August 1, 2014.
(Amends R.S. 15:326 and 327)