2021 Louisiana Laws
Revised Statutes
Title 15 - Criminal Procedure
§326. Administration of presentence investigation assessment tool and evaluation report
RS 326 - Administration of presentence investigation assessment tool and evaluation report
A. For purposes of this Chapter, after January 1, 2015, all criminal divisions within the Twenty-Second Judicial District Court may use a single presentence investigation validated risk and needs assessment tool prior to sentencing an adult offender eligible for assessment. The presentence investigation assessment program shall be administered by the judges of the Twenty-Second Judicial District Court. 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.
B. 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. For purposes of this Section, "adjudication of guilt" is defined as any finding of guilt, plea of guilty, or adjudication under Code of Criminal Procedure Article 893. 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.
C. 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. However, 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. An evaluation report shall be prepared based upon the findings of the presentence investigation assessment tool.
D. 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. 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. The presentence investigation assessment results, including the evaluation report, shall otherwise remain confidential and kept as part of the record under court seal.
E. 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 pursuant to this Chapter. These policies shall include confidentiality periods, maintaining the integrity of the presentence investigation assessment tool, training, and data collection and sharing among affected entities. The Twenty-Second Judicial District Court is authorized to provide funding for any expenses related to the administration and use of the presentence investigation assessment tool and evaluation reports.
Acts 2013, No. 347, §1; Acts 2014, No. 296, §1.
