1. A. Counsel should be familiar with the sentencing provisions and options applicable to the case, including:

   1. 1. any sentencing guideline structure;
   2. 2. deferred sentence, judgment without a finding, and diversionary programs;
   3. 3. expungement and sealing of records;
   4. 4. probation or suspension of sentence and permissible conditions of probation;
   5. 5. the potential of recidivist sentencing;
   6. 6. fines, associated fees and court costs;
   7. 7. victim restitution;
   8. 8. reimbursement of attorneys' fees;
   9. 9. imprisonment including any mandatory minimum requirements;
   10. 10. the effects of "guilty but mentally ill" and "not guilty by reason of insanity" pleas; and
   11. 11. civil forfeiture implications of a guilty plea.

2. B. Counsel should be familiar with direct and collateral consequences of the sentence and judgment, including:

   1. 1. credit for pre-trial detention;
   2. 2. parole eligibility and applicable parole release ranges (if applicable);
   3. 3. place of confinement and level of security and classification criteria used by Department of Corrections;
   4. 4. eligibility for correctional and educational programs;
   5. 5. availability of drug rehabilitation programs, psychiatric treatment, health care, and other treatment programs;
   6. 6. deportation and other immigration consequences;
   7. 7. loss of civil rights;
   8. 8. impact of a fine or restitution and any resulting civil liability;
   9. 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. 10. suspension of a motor vehicle operator's permit;
   11. 11. prohibition of carrying a firearm; and
   12. 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.

3. C. Counsel should be familiar with the sentencing procedures, including:

   1. 1. the effect that plea negotiations may have upon the sentencing discretion of the court;
   2. 2. the availability of an evidentiary hearing and the applicable rules of evidence and burdens of proof at such a hearing;
   3. 3. the use of "victim impact" evidence at any sentencing hearing;
   4. 4. the right of the defendant to speak prior to being sentenced;
   5. 5. any discovery rules and reciprocal discovery rules that apply to sentencing hearings; and
   6. 6. the use of any sentencing guidelines.

4. D. Where the court uses a pre-sentence report, counsel should be familiar with:

   1. 1. the practices of the officials who prepare the pre-sentence report and the defendant's rights in that process;
   2. 2. the access to the pre-sentence report by counsel and the defendant;
   3. 3. the prosecution's practice in preparing a memorandum on punishment; and
   4. 4. the use of a sentencing memorandum by the defense.

Authority Note

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

Historical Note

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