Nevers (SB 252) Act No. 296
Prior law provided that after January 1, 2014, all criminal divisions within the 22nd JDC
shall use a single validated risk and needs assessment tool prior to sentencing an adult
offender.
New law provides that after January 1, 2015, all criminal divisions within the 22nd JDC may
use a single presentence investigation validated risk and needs assessment tool prior to
sentencing an adult offender eligible for assessment.
New law provides that the presentence investigation assessment program shall be
administered by the judges of the 22nd 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.
New 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. New law defines "adjudication of guilt" as any finding of guilt, plea of guilty,
or adjudication under Code of Criminal Procedure Article 893. New 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.
Prior law provided that the assessment tool shall be administered at the time of arraignment
by trained and certified personnel within the court's misdemeanor probation office.
New 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.
Prior law provided 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.
New 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.
Prior law provided that an evaluation report shall be prepared based upon the findings of the
assessment tool.
New law provides that an evaluation report shall be prepared based upon the findings of the
presentence investigation assessment tool.
Prior law provided 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.
New law provides that prior to the imposition of sentence, the presentence investigation
assessment results, including the evaluation report, shall be made available to counsel for the
defendant and the district attorney. New 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.
New 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.
Prior law provided 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. Prior law further provided that these policies shall include confidentiality periods, maintaining the integrity of the assessment tool, training and data collection and sharing
among affected entities. Prior law further provided that the 22nd JDC is authorized to
provide funding for any expenses related to the administration and use of the assessment and
evaluation reports.
New 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. New 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. New law further provides that the 22nd JDC is authorized to provide
funding for any expenses related to the administration and use of the presentence
investigation assessment tool and evaluation reports.
Prior 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.
New 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.
Prior law provided 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.
New law repeals prior law.
Prior law provided that the assessment tool and evaluation report may also be used to
determine eligibility or suitability of the defendant for any available specialty court.
New 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.
New law further provides that nothing in new 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)