Louisiana Children’s Code 824 – Criteria for setting bail or alternative forms of security
Terms Used In Louisiana Children's Code 824
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- 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.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
In determining the amount of bail, alternative security deposits, and conditions of release, the court shall consider:
(1) The nature and circumstances of the delinquent act.
(2) The weight of the evidence.
(3) The child‘s prior delinquency record, if any.
(4) The financial ability of the child and family to post money bail.
(5) The probability of the child’s appearance at any scheduled hearing, considering the following:
(a) The child has failed to appear at some previously scheduled hearing.
(b) The child has violated a condition of his probation or release.
(c) The child has absented himself from home or his usual place of abode without the consent of his parent.
(d) The child is habitually disobedient and is ungovernable and beyond the control of his parent.
(e) The potential danger of release to the child and to the public as it affects the probability of appearance.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.