2011 Louisiana Laws
Revised Statutes
TITLE 13 — Courts and judicial procedure
RS 13:1343 — Allotment of cases among judges; holding of preliminary examination not ground for recusation

§1343. Allotment of cases among judges; holding of preliminary examination not ground for recusation

NOTE: Repealed by Acts 2006, No. 621, §19(A), eff. Jan. 1, 2009; Acts 2008, No. 873, §1, changed the eff. date to Dec. 31, 2014; Acts 2011, No. 340, §2, changed the eff. date to midnight, Dec. 31, 2014.

A. All cases pending in the criminal district court shall be allotted equally among Sections A, B, C, D, E, F, G, H, I, J, K, and L of the court. Except on Sundays, legal holidays, and legal half-holidays, the allotment of cases shall be made public by classes daily at noon by the clerk or a deputy clerk selected by him, in the presence of the district attorney. The fact the accused was committed for trial at a preliminary examination shall not be grounds for the recusation of the trial judge who held the preliminary examination.

B. The judges of the criminal district court, by rule adopted by a majority vote of the judges sitting en banc, may assign a certain division of the court as a reentry division of court. The division shall establish a workforce development sentencing project pilot program. The program shall establish guidelines for the issuance of sentences providing inmate rehabilitation and workforce development. The division of court and sentencing project shall work in conjunction with the Louisiana Workforce Investment Council and all efforts shall be coordinated and consistent with the provisions of R.S. 23:1 et seq.

C. Participation in the workforce development pilot program as authorized by R.S. 13:621.41(B)(3) shall be subject to the following provisions:

(1) The court may recommend that a defendant participate in the workforce development pilot program if all of the following criteria are satisfied:

(a) The defendant meets the eligibility requirements for participation in the Offender Rehabilitation and Workforce Development Program as provided for in R.S. 15:1199.7.

(b) 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 Workforce Development Program.

(c) The defendant is not sentenced to a term of incarceration which exceeds ten years.

(d) The defendant shall not have any prior felony convictions for any offenses defined as a sex offense in R.S. 15:541.

(e) The crime before the court shall not be a crime of violence as defined in R.S. 14:2(B), including domestic violence.

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

(g) The crime before the court shall not be a charge of any crime that resulted in the death of a person.

(2) Upon a determination that the defendant meets the eligibility criteria provided for in Paragraph (1) of this Subsection, the court shall advise the defendant that he or she may be eligible for enrollment in a court-authorized workforce development pilot program.

(3) In offering a defendant the opportunity to request the program, the court shall advise the defendant of the following:

(a) If the defendant is eligible to participate in the workforce development pilot 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 the Department of Public Safety and Corrections 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.

(b) The court may impose any conditions reasonably related to the complete rehabilitation of the defendant.

(4) The defendant has the right to be represented by counsel at all stages of a criminal prosecution and in any court hearing relating to the workforce development pilot program. The defendant shall be represented by counsel during the determination of eligibility to participate in the workforce development pilot program at the time of the execution of the sentencing agreement and at any hearing to 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.

(5) The defendant shall agree to participation in the workforce development pilot program.

(6) The judge shall consider the following factors in determining whether workforce development sentencing is in the interests of justice and of benefit to the defendant and the community:

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

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

(c) Whether there is a probability that the defendant will cooperate with and benefit from the workforce development pilot program.

(d) Whether the available workforce development pilot program is appropriate to meet the needs of the defendant.

(e) The impact of the defendant's sentencing upon the community.

(f) Recommendations, if any, of the district attorney.

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

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

(i) Provisions for and the likelihood of obtaining restitution from the defendant.

(j) Any mitigating circumstances.

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

(7)(a) If the judge determines that the defendant shall be enrolled in the workforce development pilot program, the court shall accept the defendant's guilty plea and sentence the defendant to the custody of the Department of Public Safety and Corrections for participation in the Offender Rehabilitation and Workforce Development Program under the terms and conditions of the workforce development pilot program.

(b) If the judge determines that the defendant is not qualified for enrollment, the judge shall state for the record the reasons for that determination.

(c) If the defendant successfully completes the Offender Rehabilitation and Workforce Development Program and successfully completes all other requirements of the workforce development pilot 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 the Department of Public Safety and Corrections.

Amended by Acts 1975, No. 143, §2; Acts 1995, No. 217, §2, eff. Jan. 1, 1997; Acts 2006, No. 621, §19(A), eff. Jan. 1, 2009; Acts 2008, No. 675, §1, eff. July 1, 2008; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2008, No. 792, §1, eff. Jan. 1, 2009; Acts 2008, No. 873, §1, eff. July 9, 2008; Acts 2010, No. 726, §1; Acts 2011, No. 340, §2, eff. June 29, 2011.