Art. 881.6. Reducing a sentence for substantial assistance A. Upon motion of the state, the sentencing court may reduce the defendant’s sentence if, after sentencing, the defendant provided substantial assistance in furtherance of the investigation or prosecution of another person. B. In evaluating whether the defendant has provided substantial assistance pursuant to the provisions of […]
Art. 881.7. Memorandum of understanding; limits on reduction of sentence for substantial assistance by a defendant A. Prior to any defendant receiving a reduction of sentence pursuant to Code of Criminal Procedure Article 881.6, the prosecuting attorney shall enter into a memorandum of understanding with the defendant. Such memorandum of understanding shall be in writing. […]
Art. 882. Correction of illegal sentence; review of illegal sentence A. An illegal sentence may be corrected at any time by the court that imposed the sentence or by an appellate court on review. B. A sentence may be reviewed as to its legality on the application of the defendant or of the state: (1) […]
Art. 883. Concurrent and consecutive sentences If the defendant is convicted of two or more offenses based on the same act or transaction, or constituting parts of a common scheme or plan, the terms of imprisonment shall be served concurrently unless the court expressly directs that some or all be served consecutively. Other sentences of […]
Art. 883.1. Sentences concurrent with sentences of other jurisdictions A. The sentencing court may specify that the sentence imposed be served concurrently with a sentence imposed by a federal court or a court of any other state and that service of the concurrent terms of imprisonment in a federal correctional institution or a correctional institution […]
Art. 883.2. Restitution to victim A. In all cases in which the court finds an actual pecuniary loss to a victim, or in any case where the court finds that costs have been incurred by the victim in connection with a criminal prosecution, the trial court shall order the defendant to provide restitution to the […]
Art. 884. Sentence of fine with imprisonment for default NOTE: Art. 884 eff. until Aug. 1, 2022. See Acts 2017, No. 260; Acts 2021, No. 313. If a sentence imposed includes a fine or costs, the sentence shall provide that in default of payment thereof the defendant shall be imprisoned for a specified period not […]
Art. 885. Release on payment of fine and costs A defendant who has been imprisoned for default in the payment of a fine, or fine and costs, under a sentence imposed pursuant to Article 884, may, at any time before expiration of the term of imprisonment, obtain his release by paying to his custodian all […]
Art. 885.1. Suspension of driving privileges; failure to pay criminal fines A. When a fine is levied against a person convicted of any criminal offense, including any violation of the Louisiana Highway Regulatory Act or any municipal or parish ordinance regulating traffic, and the court grants the defendant an extension of time to pay the […]
Art. 886. Enforcement of fine by civil process; offset of tax refund A. In the event of nonpayment of a fine, nonpayment of restitution to the victim, or nonpayment of a fine and costs, within sixty days after the sentence was imposed, and if no appeal is pending, the court which imposed the sentence may […]
Art. 886.1. Judgment for fines and costs declared executory; required notice If a civil judgment is signed in accordance with Article 886, the judgment shall be executory upon rendition by the court provided the defendant was notified at the time of sentencing of the possible rendition of a civil judgment in the event of his […]
Art. 887. Defendant’s liability for costs; suspension of costs; no advance costs A. A defendant who is convicted of an offense or is the person owing a duty of support in a support proceeding shall be liable for all costs of the prosecution or proceeding, whether or not costs are assessed by the court, and […]
Art. 888. Costs and fines; payment NOTE: Art. 888 eff. until Aug. 1, 2022. See Acts 2017, No. 260; Acts 2021, No. 313. Costs and any fine imposed shall be payable immediately; provided, however, that in cases involving the violation of any traffic law or ordinance, the court having jurisdiction may grant the defendant five […]
Art. 889. Collection and disposition of fines, costs, and forfeitures The collection and disposition of fines, costs, and forfeitures shall be as provided by law.
Art. 890. Method of service of sentence of imprisonment; labor and confinement; workday release program A. A sentence of imprisonment in the state penitentiary shall be served in conformity with the applicable provisions of Title 15 of the Louisiana Revised Statutes of 1950 that govern the state penitentiary. B. Except in misdemeanor cases, any other […]
Art. 890.1. Waiver of minimum mandatory sentences; procedure; exceptions A. Notwithstanding any other provision of law to the contrary, if a felony or misdemeanor offense specifies a sentence with a minimum term of confinement or a minimum fine, or that the sentence shall be served without benefit of parole, probation, or suspension of sentence, the […]
Art. 890.2. Fines for individual defendants A. When a defendant has been convicted of a felony, and upon a determination that a defendant has the ability and resources available to pay an additional fine and that such a fine would not unduly burden the defendant’s dependents, the court may impose as an additional fine or […]
Art. 890.3. Sentencing for crimes of violence A. Except as provided in Paragraph C of this Article, when a defendant is sentenced for any offense, or the attempt to commit any offense, defined or enumerated as a crime of violence in R.S. 14:2(B), the district attorney may make a written recommendation to the court that […]
Art. 891. Forfeiture of weapons A. For purposes of this Article, a firearm or other dangerous weapon either used in the commission of a felony offense or the use of which constitutes an element of a felony offense may be declared to be crime-related contraband which may be seized by a law enforcement officer in […]
Art. 892. Post-sentence statement by sheriff; accompanying documents A. The sheriff shall prepare a statement indicating the amount of time a defendant has spent in custody prior to conviction when the defendant has been convicted of a felony and is committed to the Department of Public Safety and Corrections, has been convicted of a misdemeanor […]
