TITLE XXX. SENTENCE CHAPTER 1. GENERAL SENTENCING PROVISIONS Art. 871. Sentence defined; pronouncing and recording of sentence; certification of conviction A. A sentence is the penalty imposed by the court on a defendant upon a plea of guilty, upon a verdict of guilty, or upon a judgment of guilt. Sentence shall be pronounced orally in […]
Art. 871.1. Sentencing orders to be sent to Louisiana Protective Order Registry If part of the sentence contains an order for the purpose of preventing violent or threatening acts or harassment against, contact or communication with, or physical proximity to, another person in order to prevent domestic abuse or dating violence, the judge shall cause […]
Art. 871.2. Presentence inquiry of veteran status Prior to the imposition of a sentence, the court may inquire and receive response, orally or in writing, whether the convicted defendant is currently serving in or is a veteran of the armed forces of the United States. If the convicted defendant is currently serving in the military […]
Art. 872. Basis for valid sentence A valid sentence must rest upon a valid and sufficient: (1) Statute; (2) Indictment; and (3) Verdict, judgment, or plea of guilty.
Art. 873. Delay between conviction and sentence If a defendant is convicted of a felony, at least three days shall elapse between conviction and sentence. If a motion for a new trial, or in arrest of judgment, is filed, sentence shall not be imposed until at least twenty-four hours after the motion is overruled. If […]
Art. 874. Prompt sentence required; relief by writs Sentence shall be imposed without unreasonable delay. If a defendant claims that the sentence has been unreasonably delayed, he may invoke the supervisory jurisdiction of the appellate court. Acts 1993, No. 975, §1.
Art. 875. Presentence investigation; juvenile records; drug screening; veterans A.(1) If a defendant is convicted of a felony offense or a misdemeanor offense that has been reduced from a felony, the court may order the Department of Public Safety and Corrections, division of probation and parole, to make a presentence investigation. All such reports shall […]
Art. 875.1. Determination of substantial financial hardship to the defendant A. The purpose of imposing financial obligations on an offender who is convicted of a criminal offense is to hold the offender accountable for his action, to compensate victims for any actual pecuniary loss or costs incurred in connection with a criminal prosecution, to defray […]
Art. 876. Sentence for crime committed as a child A. An adult who is charged with an offense committed at the time he was a child for which the time limitation for the institution of prosecution pursuant to Code of Criminal Procedure Article 571 has not lapsed and for which he was subject to prosecution […]
Art. 877. Protection of investigation reports A. The presentence and postsentence investigation reports shall be privileged and shall not be disclosed directly or indirectly to anyone other than the sentencing court, the victim or the victim’s designated family member, as defined in R.S. 46:1842, the prosecutor, members of the division of probation and parole within […]
Art. 878. Cruel or unusual punishment A sentence shall not be set aside on the ground that it inflicts cruel or unusual punishment unless the statute under which it is imposed is found unconstitutional.
Art. 878.1. Hearing to determine parole eligibility for certain juvenile offenders A. If an offender is indicted on or after August 1, 2017, for the crime of first degree murder (R.S. 14:30) where the offender was under the age of eighteen years at the time of the commission of the offense, the district attorney may […]
Art. 879. Determinate sentence required If a defendant who has been convicted of an offense is sentenced to imprisonment, the court shall impose a determinate sentence.
Art. 880. Credit for prior custody; limitations A. A defendant shall receive credit toward service of his sentence for time spent in actual custody prior to the imposition of sentence. B. A defendant shall receive credit only for time in actual custody and only once during any calendar month when consecutive sentences are imposed. C. […]
Art. 881. Amendment of sentence A. Although the sentence imposed is legal in every respect, the court may amend or change the sentence, within the legal limits of its discretion, prior to the beginning of execution of the sentence. B.(1) After commencement of execution of sentence, in felony cases in which the defendant has been […]
Art. 881.1. Motion to reconsider sentence A.(1) In felony cases, within thirty days following the imposition of sentence or within such longer period as the trial court may set at sentence, the state or the defendant may make or file a motion to reconsider sentence. (2) In misdemeanor cases, the defendant may file a motion […]
Art. 881.2. Review of sentence A.(1) The defendant may appeal or seek review of a sentence based on any ground asserted in a motion to reconsider sentence. The defendant also may seek review of a sentence which exceeds the maximum sentence authorized by the statute under which the defendant was convicted and any applicable statutory […]
Art. 881.3. Record on review of sentence In reviewing a sentence the appellate court may consider the record of the case which shall include any evidence or relevant information introduced at preliminary hearings, hearings on motions, arraignments, or sentencing proceedings, and any relevant information included in a presentence investigation report filed into the record at […]
Art. 881.4. Action by appellate court A. If the appellate court finds that a sentence must be set aside on any ground, the court shall remand for resentence by the trial court. The appellate court may give direction to the trial court concerning the proper sentence to impose. B. In the interest of justice, the […]
Art. 881.5. Correction of illegal sentence by trial court On motion of the state or the defendant, or on its own motion, at any time, the court may correct a sentence imposed by that court which exceeds the maximum sentence authorized by law. Acts 1991, No. 38, §1. {{NOTE: SEE ACTS 1991, NO. 38, §3, […]
