La. Admin. Code tit. 22, § XV-1509 - Predisposition Report
A.
Where the court uses a predisposition report, counsel should be familiar with
the procedures concerning the preparation, submission, and verification of the
predisposition report. Counsel should be prepared to use the predisposition
report in defense of the child client.
B. Counsel should be familiar with the
practices of the officials who prepare the predisposition report and the
defendant's rights in that process, including access to the predisposition
report by the attorney and the child client, and ability to waive such a
report, if it is in the child client's interest to do so.
C. Counsel should provide to the official
preparing the report relevant information favorable to the client, including,
where appropriate, the child client's version of the alleged act. Counsel
should also take appropriate steps to ensure that erroneous or misleading
information which may harm the child client is deleted from the report and to
preserve and protect the child client's interests, including requesting that a
new report be prepared with the challenged or unproven information deleted
before the report or memorandum is distributed to the Office of Juvenile
Justice or treatment officials.
D.
In preparation for a disposition hearing, the attorney should ensure receipt of
the disposition report no later than 72 hours prior to the disposition hearing.
Upon receipt of this report, the attorney should review the report with the
client, ensure its accuracy and prepare a response to the report. Counsel
should prepare a written dispositional plan that counsel and the client agree
will best achieve the client's dispositional goals. Counsel should consider
consulting with social service experts or other appropriate experts to develop
the dispositional plan.
Notes
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