La. Admin. Code tit. 22 § XV-751

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-751 - Obligations of Counsel at Sentencing Hearing

A. Among counsel's obligations in the sentencing process are:

1. where a defendant chooses not to proceed to trial, to ensure that a plea agreement is negotiated with consideration of the sentencing, correctional, financial and collateral implications;

2. to ensure the client is not harmed by inaccurate information or information that is not properly before the court in determining the sentence to be imposed;

3. to ensure all reasonably available mitigating and favorable information, which is likely to benefit the client, is presented to the court;

4. to develop a plan which seeks to achieve the least restrictive and burdensome sentencing alternative that is most acceptable to the client, and which can reasonably be obtained based on the facts and circumstances of the offense, the defendant's background, the applicable sentencing provisions, and other information pertinent to the sentencing decision;

5. to ensure all information presented to the court which may harm the client and which is not shown to be accurate and truthful or is otherwise improper is stricken from the text of the pre-sentence investigation report before distribution of the report; and

6. to consider the need for and availability of sentencing specialists, and to seek the assistance of such specialists whenever possible and warranted.

La. Admin. Code tit. 22, § XV-751

Promulgated by the Office of the Governor, Public Defender Board, LR 35:672 (April 2009).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:142, 147 and 148.