Louisiana Children’s Code 891 – Disclosure of predisposition report
Terms Used In Louisiana Children's Code 891
- Arrest: Taking physical custody of a person by lawful authority.
- 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
- Conviction: A judgement of guilt against a criminal defendant.
- 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
- Misdemeanor-grade delinquent act: means any offense which if committed by an adult is other than a felony and includes the violation of an ordinance providing a penal sanction. 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. Copies of the predisposition report shall be made available to the district attorney and counsel for the child at least three days in advance of any scheduled disposition hearing. Such period may be extended for good cause.
B. The court may order that the predisposition report be edited to protect the identity of confidential sources or to exclude the recommendations of the probation officer. In addition, the court may caution the district attorney or counsel for the child not to disclose any such information contained within the report which may prove harmful to the child.
C. If the child is unrepresented by counsel, the court shall disclose to the child the factual contents of the predisposition report.
D. After August 15, 1993, and within thirty days after receiving a predisposition report, the sentencing court shall order the release of any portion of a predisposition report containing and limited to the instant arrest, conviction, adjudication, or disposition of a child in grades nine through twelve, who is arrested, charged, or adjudicated a delinquent for committing a felony-grade delinquent act or a misdemeanor-grade delinquent act involving distribution or possession with intent to distribute a controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Law, to the principal of the school in which the child is registered and enrolled or registered and enrolled but suspended.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1993, No. 840, §1.