LAC 22:XV.753. Sentencing Options, Consequences and Procedures

A. Counsel should be familiar with the sentencing provisions and options applicable to the case, including: 1. any sentencing guideline structure; 2. deferred sentence, judgment without a finding, and diversionary programs; 3. expungement and sealing of records; 4. probation or suspension of sentence and permissible conditions of probation; 5. the potential of recidivist sentencing; 6. fines, associated fees and court costs; 7. victim restitution; 8. reimbursement of attorneys' fees; 9. imprisonment including any mandatory minimum requirements; 10. the effects of "guilty but mentally ill" and "not guilty by reason of insanity" pleas; and 11. civil forfeiture implications of a guilty plea. B. Counsel should be familiar with direct and collateral consequences of the sentence and judgment, including: 1. credit for pre-trial detention; 2. parole eligibility and applicable parole release ranges (if applicable); 3. place of confinement and level of security and classification criteria used by Department of Corrections; 4. eligibility for correctional and educational programs; 5. availability of drug rehabilitation programs, psychiatric treatment, health care, and other treatment programs; 6. deportation and other immigration consequences; 7. loss of civil rights; 8. impact of a fine or restitution and any resulting civil liability; 9. possible revocation of probation, possible revocation of first offender status, or possible revocation of parole status if client is serving a prior sentence on a parole status; 10. suspension of a motor vehicle operator's permit; 11. prohibition of carrying a firearm; and 12. other consequences of conviction including but not limited to, the forfeiture of professional licensure, the ineligibility for various government programs including student loans, registration as a sex offender, loss of public housing and the loss of the right to hold public office. C. Counsel should be familiar with the sentencing procedures, including: 1. the effect that plea negotiations may have upon the sentencing discretion of the court; 2. the availability of an evidentiary hearing and the applicable rules of evidence and burdens of proof at such a hearing; 3. the use of "victim impact" evidence at any sentencing hearing; 4. the right of the defendant to speak prior to being sentenced; 5. any discovery rules and reciprocal discovery rules that apply to sentencing hearings; and 6. the use of any sentencing guidelines. D. Where the court uses a pre-sentence report, counsel should be familiar with: 1. the practices of the officials who prepare the pre-sentence report and the defendant's rights in that process; 2. the access to the pre-sentence report by counsel and the defendant; 3. the prosecution's practice in preparing a memorandum on punishment; and 4. the use of a sentencing memorandum by the defense.