Louisiana Children’s Code 897.1 – Disposition after adjudication of certain felony-grade delinquent acts
Terms Used In Louisiana Children's Code 897.1
- child: means any person under the age of twenty-one, including an emancipated minor, who commits a delinquent act before attaining seventeen years of age. See Louisiana Children's Code 804
- Delinquent act: means an act committed by a child of ten years of age or older which if committed by an adult is designated an offense under the statutes or ordinances of this state, or of another state if the offense occurred there, or under federal law, except traffic violations. See Louisiana Children's Code 804
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Felony-grade delinquent act: means an offense that if committed by an adult, may be punished by death or by imprisonment at hard labor. See Louisiana Children's Code 804
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
A. After adjudication of a felony-grade delinquent act based upon a violation of La. Rev. Stat. 14:30, first degree murder or La. Rev. Stat. 14:30.1, second degree murder, the court shall commit the child who is fourteen years or older at the time of the commission of the offense to the custody of the Department of Public Safety and Corrections to be confined in secure placement until the child attains the age of twenty-one years without benefit of parole, probation, suspension of imposition or execution of sentence, or modification of sentence.
B. After adjudication of a felony-grade delinquent act based upon a violation of La. Rev. Stat. 14:42, first degree rape, or La. Rev. Stat. 14:44, aggravated kidnapping, the court shall commit the child who is fourteen years or older at the time of the commission of the offense to the custody of the Department of Public Safety and Corrections to be confined in secure placement until the child attains the age of twenty-one years without benefit of probation, suspension of imposition or execution of sentence, or modification of sentence.
C. Except as provided in Paragraphs A and B of this Article, after adjudication of a felony-grade delinquent act based upon a violation of La. Rev. Stat. 14:64, armed robbery, or La. Rev. Stat. 14:64.2, carjacking, or for a second or subsequent offense that is a crime of violence, as defined in La. Rev. Stat. 14:2(B), the court shall commit the child who is fourteen years of age or older at the time of the commission of the offense to the custody of the Department of Public Safety and Corrections, or to the custody of a secure public or private institution, to be confined in secure placement without benefit of probation or suspension of imposition or execution of sentence.
D. Juveniles confined in secure placement for an adjudication as set forth in Paragraph C of this Article shall be eligible for modification after serving twenty-four months of the disposition or if the disposition is less than thirty-six months, one-half of the disposition.
E. A motion for modification of a disposition shall be filed pursuant to Article 910 et seq. and a contradictory hearing shall be set no sooner than thirty days from the date of notice to the district attorney. To grant a motion for modification of disposition, the court must find that the child poses a reduced risk to the community based on the following considerations:
(1) The child has a favorable progress report from the placement facility.
(2) The child meets one of the following work or self-improvement criteria:
(a) Has attained a high school diploma or equivalent.
(b) Is actively participating in workforce training or a certification program and is in good standing as evidenced by grades and behavior notes submitted by the child’s instructors.
(3) The child has obtained a low-risk designation as determined by a valid risk assessment procedure approved by the office of juvenile justice.
(4) The recommendation of the office of juvenile justice.
(5) A reentry plan that includes an appropriate placement to conduct supervision and achieve aftercare goals.
(6) Any additional evidence provided by the child, the state, or the office of juvenile justice.
F. At least six months prior to the release of the child, the department shall prepare an individualized and thorough transitional plan that identifies the techniques, programs, personnel, and facilities that will be used to assist the child in achieving a successful return to his family and the community. A copy of the transitional plan shall be mailed to the court that ordered the disposition of commitment.
G. The provisions of this Article shall apply to all children in the custody of the Department of Public Safety and Corrections, office of juvenile justice, on or after August 1, 2018.
Acts 1993, No. 430, §2; Acts 2004, No. 484, §1; Acts 2015, No. 184, §8; Acts 2018, No. 467, §2; Acts 2023, No. 420, §1; Acts 2024, 2nd Ex. Sess., No. 14, §1, eff. July 1, 2024.