Louisiana Children’s Code 903 – Judgment of disposition
Terms Used In Louisiana Children's Code 903
- 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.
- 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.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
A.(1) Before entering a judgment of disposition, the court shall orally inform the child and shall state for the record the considerations taken into account and the factual basis therefor in imposing the particular disposition chosen.
(2) In every case or proceeding involving a judgment of disposition of a child, the court shall refrain from manifesting by any words or conduct, bias or prejudice based on race, sex, religion, national origin, age, or disability.
B. The court shall enter into the record a written judgment of disposition specifying all of the following:
(1) The offense for which the child has been adjudicated a delinquent.
(2) The nature of the disposition.
(3) The agency, institution, or person to whom the child is assigned.
(4) The conditions of probation, if applicable.
(5) Any other applicable terms and conditions regarding the disposition.
(6) The maximum duration of the disposition and, if committed to the custody of the Department of Public Safety and Corrections, the maximum term of the commitment.
(7) An order of expungement to be made executory at the end of the disposition unless, at the end of the disposition, a person or agency files an objection using the form provided in Article 926 on any of the following grounds:
(a) The adjudication was for murder, manslaughter, an offense requiring registration as a sex offender under La. Rev. Stat. 15:542, kidnapping, or armed robbery.
(b) The child has a criminal court felony conviction or a criminal court conviction for a misdemeanor involving a firearm against a person.
(c) The child has an outstanding indictment or bill of information for a felony charge or a charge of a misdemeanor involving a firearm against a person.
C. The order of commitment may require the department to take physical custody of a child adjudicated a delinquent, committed to its custody pursuant to Article 897(D) or Article 899(D), and recommended by the court or the department for assignment to a secure program or facility, within fourteen days from the date of the court’s signing of the judgment of disposition when the child is in or is going to be placed in the physical custody of a parish juvenile facility. If a court modifies a judgment of disposition, in accordance with Chapter 17, and gives the department custody of the adjudicated delinquent, the provisions of this Article and La. Rev. Stat. 15:901 apply.
D. An extract of the minutes of court specifying the information required by Paragraph B of this Article and signed by the court shall be considered a written judgment of disposition.
E. The date of entry of the judgment of disposition shall be recorded on the judgment.
F. Upon request, a copy of the judgment of disposition shall be furnished to the parent.
G.(1) The court shall provide to the child, in plain language, the following information:
(a) Information regarding the rights and procedures of expungement and sealing of juvenile records.
(b) Information regarding expungement, including instructions to the child that when his records are expunged he is not required to disclose that he has a juvenile record.
(c) The expungement motion provided in Article 925.
(2) Failure of the court to inform the child of the right to petition for expungement shall not create a substantive right and shall not constitute grounds for a reversal of an adjudication of delinquency, grounds for a new trial, or grounds for an appeal.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1992, No. 200, §1; Acts 1993, No. 873, §2; Acts 1997, No. 615, §1, eff. July 3, 1997; Acts 2003, No. 762, §1; Acts 2017, No. 362, §1.