2006 Louisiana Laws - RS 15:571.44 — Stipulations; advice by court

§571.44.  Stipulations; advice by court

A.  In offering a defendant the opportunity to request entry into the job intervention program, the court shall advise the defendant of the following:

(1)  If the defendant is accepted into the job intervention 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 sentencing be deferred or that sentence be imposed, but suspended, and the defendant be placed on supervised probation under the usual conditions of probation and under specified conditions of probation related to the completion of the job intervention program ordered by the court.

(2)  If the defendant makes a request to enter the program and is accepted, the defendant shall be placed in the supervised court-ordered program for a period of not less than twelve months.

(3)  The court may impose any conditions reasonably related to the reform of the defendant.

(4)(a)  If the defendant completes the job intervention program, and successfully completes all other requirements of his court-ordered probation, the conviction may be set aside and the prosecution dismissed in accordance with the provisions of Code of Criminal Procedure Article 894.  If the defendant was sentenced at the time of the entry of the plea of guilty, the successful completion of the job intervention program and the other requirements of probation will result in his discharge from supervision.

(b)  If the defendant does not successfully complete the program, the judge may revoke the probation and impose sentence, or the judge may revoke the probation and order the defendant to serve the sentence previously imposed and suspended, or the court may impose any sanction provided by Code of Criminal Procedure Article 900, and extend probation and order that the defendant continue the program for an additional period, or both.

B.  The defendant has the right to be represented by counsel at any court hearing relating to the job intervention program.  The defendant shall be represented by counsel during the negotiations to determine eligibility to participate in such program, and shall be represented by counsel at the time of the execution of the probation agreement, and at any hearing to revoke the defendant's probation and discharge him from the program, unless the court finds and the record shows that the defendant has knowingly and intelligently waived his right to counsel.

C.  The defendant shall agree to participation in the job intervention program.

D.  The court shall inform the defendant that the program employer or district attorney may request that the defendant provide the following information to the court:

(1)  Information regarding prior criminal charges.

(2)  Education, work experience, and training.

(3)  Family history, including residence in the community.

(4)  Medical and mental history, including any psychiatric or psychological treatment or counseling.

(5)  Any other information reasonably related to the success of the program.

E.  The judge and district attorney shall consider the following factors in determining whether a job intervention program of probation would be in the interests of justice and of benefit to the defendant and the community:

(1)  The nature of the crime charged and the circumstances surrounding the crime.

(2)  Any special characteristics or circumstances of the defendant.

(3)  Whether the defendant is a first-time offender.

(4)  Whether there is a probability that the defendant will cooperate with and benefit from probation through job intervention.

(5)  Whether the program is appropriate to meet the needs of the defendant.

(6)  The impact of the defendant's probation upon the community.

(7)  Recommendations, if any, of the involved law enforcement agency.

(8)  Recommendations, if any, of the victim.

(9)  Provisions for and the likelihood of obtaining restitution from the defendant over the course of his probation.

(10)  Any mitigating circumstances.

(11)  Any other circumstances reasonably related to the individual defendant's case.

F.  In order to be eligible for the job intervention program, the defendant shall satisfy each of the following criteria:

(1)  The crime charged is not a crime of violence as defined in R.S. 14:2(B), a crime of domestic abuse as defined in the R.S. 46:2132(3), a crime of simple burglary of an inhabited dwelling as defined in R.S. 14:62.2, a crime of aggravated kidnapping of a child as defined in R.S. 14:44.2, or a crime of operating a vehicle while intoxicated as defined by R.S. 14:98 and R.S. 14:98.1 that resulted in death.

(2)  Other criminal proceedings alleging commission of a crime of violence as defined in R.S. 14:2(B) cannot be pending against the defendant.

(3)  Has pled guilty to the charge.

G.(1)  The judge shall make the final determination of eligibility.  If, based on the recommendations of the district attorney and the defense counsel, the judge determines that the defendant should be enrolled in the job intervention program, the court shall accept the defendant's guilty plea and suspend or defer the imposition of sentence and place the defendant on probation under the terms and conditions of the job intervention program.  The court also may impose sentence and suspend the execution thereof, placing the defendant on probation under the terms and conditions of such program.

(2)  If the judge determines that the defendant is not eligible to participate, the judge shall state for the record the reasons for that determination.

Acts 2003, No. 803, §1, eff. July 1, 2003.