Louisiana Revised Statutes 15:174 – Special reporting requirements; penalties
Terms Used In Louisiana Revised Statutes 15:174
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Conviction: A judgement of guilt against a criminal defendant.
- District indigent defender fund: means the judicial district indigent defender fund as provided for in Louisiana Revised Statutes 15:143
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- indigent defender: means an attorney employed by or under contract with the board, the office, or a district public defender to provide legal counsel to an indigent person in a criminal proceeding. See Louisiana Revised Statutes 15:143
- Office: means the office of the state public defender authorized to:
(a) Regulate and fund public defender services and provide financial support to other service programs that provide services to persons adjudicated in the criminal justice system. See Louisiana Revised Statutes 15:143
- Oversight: Committee review of the activities of a Federal agency or program.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
A. In addition to the general oversight requirements provided by law, each district shall submit an annual report to the office no later than February first of each year, commencing in 2009. The report, using the uniform definition of a “case” as defined in Subsection C of this Section, shall include detailed information of the workload, resources, employees, and expenditures for each district for the previous fiscal year. The report shall also include the number of Families in Need of Services (FINS) petitions, Child in Need of Care (CINC) petitions, and child support petitions handled by each district.
B.(1) The district public defender shall be responsible for preparing, completing, and submitting the annual report to the office as provided for in Subsection A of this Section.
(2) The district public defender shall be subject to the penalties provided for in Paragraph (3) of this Subsection, payable out of the judicial district indigent defender fund, if any of the following occur:
(a) The failure to file a report.
(b) The failure to timely file a report.
(c) The failure to disclose or accurately disclose any required information.
(d) The filing of a false report.
(3) The amount of the penalty shall be one hundred dollars for each day until the report or the required accurate information is filed.
C. For purposes of this Section, a “case” is defined as a charge or set of charges contained in a charging instrument or petition against a single accused arising out of one or more events, transactions, or occurrences, which are joined, or which may be joined pursuant to Code of Criminal Procedure Articles 490 through 495.1. Cases that involve multiple persons accused are counted as a separate case for each person accused. Cases that involve multiple charges or counts are recorded with the highest charge, based on the severity of sentence for the crime charged, as the case type. Multiple charges against a single person for the issuing of worthless checks shall be counted as a single case. Each appeal, after conviction, shall be counted as a separate case. In the event that a charging instrument contains a charge or set of charges arising out of multiple events, transactions, or occurrences, indigent defender boards shall track, record, and report the number of such instances per charging instrument.
Acts 2007, No. 307, §1; Acts 2024, 2nd Ex. Sess., No. 22, §1, eff. March 20, 2024.