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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 ENROLLED
SENATE BILL NO. 252
BY SENATOR NEVERS
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
relative to the eligibility and administration of the presentence investigation18
assessments, storing and making available assessment results, and compiling19
statistics gathered from the assessments.20
B. Eligibility for presentence investigation assessment shall be limited21
to an adult felony defendant who is otherwise eligible for probation or reentry22
after adjudication of guilt, and who has executed a valid counseled waiver23
authorizing the assessment. For purposes of this Section, "adjudication of24
guilt" is defined as any finding of guilt, plea of guilty, or adjudication under25
Code of Criminal Procedure Article 893. A "valid counseled waiver" shall26
consist of a document signed by the defendant after consultation with counsel27
ACT No. 296 SB NO. 252 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
expressing the defendant's complete and irrevocable written acknowledgment1
of the purpose of the assessment and waiver of confidentiality over the global2
risk scores contained in the presentence investigation validated risk and needs3
assessment tool.4
C. The presentence investigation assessment tool shall be administered at5
the time of arraignment after adjudication and prior to sentencing, and by trained6
and certified personnel within the court's misdemeanor probation office. However,7
upon the court's own motion or by motion of defense counsel, for good cause shown,8
the court may order the administration of a subsequent assessment for a defendant9
who was previously assessed. An evaluation report shall be prepared based upon10
the findings of the presentence investigation assessment tool.11
C.D. The evaluation report shall be made available to the court and defense12
counsel prior to the initial pretrial conference, but Prior to the imposition of13
sentence, the presentence investigation assessment results, including the14
evaluation report, shall be made available to counsel for the defendant and the15
district attorney. The defendant and the district attorney shall have the16
opportunity to challenge the presentence investigation assessment prior to17
imposition of sentence, and upon good cause shown to the court, may review the18
other reports and data associated with the presentence assessment investigation.19
The presentence investigation assessment results, including the evaluation20
report, shall otherwise remain confidential and kept as part of the record under court21
seal.22
D.E. The district court shall develop policies and protocols no later than23
January 1, 20142015, regarding the administration and use of the presentence24
investigation assessment tool, assessment results, and evaluation reports pursuant25
to this Chapter. These policies shall include confidentiality periods, maintaining the26
integrity of the presentence investigation assessment tool, training, and data27
collection and sharing among affected entities. The Twenty-Second Judicial District28
Court is authorized to provide funding for any expenses related to the administration29
and use of the presentence investigation assessment tool and evaluation reports.30 SB NO. 252 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
§327. Use of assessment tool and report1
A. The presentence investigation validated risk and needs assessment tool2
and evaluation report shall may be utilized by the sentencing court at the pretrial3
stage when prior to determining an appropriate sentence, in order to evaluate the4
defendant's risk of committing future offenses and to reduce the recidivism of the5
defendant. In determining an appropriate sentence, the sentencing court shall6
consider the results of the defendant's risk and needs assessment included in the7
evaluation report, together with the likely impact of a possible sentence on the8
reduction of potential future criminal behavior of the defendant.9
B. The presentence investigation assessment tool and evaluation report may10
also be used to determine eligibility or suitability of the defendant for any available11
specialty court.12
C. Nothing in this Chapter shall be construed to confer upon the13
defendant any substantive, procedural or appellate right, or any additional14
post-conviction right or remedy.15
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: