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§5304. The drug division probation program A.
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Each district court by rule may designate as a drug division one or more divisions to which alcohol- or drug-related 5 are assigned and may establish a probation program to be administered by the presiding judge or judges приведу ссылку or by an employee designated by the court.
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The drug division probation program A.
Each district court by rule may designate as a drug division one or more divisions to which alcohol- or drug-related offenses are assigned and may 5 a probation program to be administered by the presiding judge or judges thereof or by an employee designated by the court.
Participation in probation programs shall be subject to the following provisions: 1 The district attorney may propose to the court that an individual defendant be screened for eligibility as a participant in the drug division probation program if all of the following criteria are satisfied: a The individual is charged with a violation of a statute of this state relating to the use and possession of or possession with intent to distribute any narcotic drugs, coca leaves, marijuana, stimulants, depressants, or hallucinogenic drugs, or where there is a significant relationship between the use of alcohol or drugs, or both, and the crime before the court.
The defendant must enter a plea of guilty to the charge, https://chmall.ru/100/mad-max-poyas-dlya-fitnesa-madmax-mfb-421neylon-krasniy-m.html the stipulation that sentencing be deferred or that sentence be imposed, but suspended, and the defendant placed on supervised probation under the usual conditions of probation and under certain special conditions of probation related to the completion of such substance abuse treatment programs as are ordered by the court.
If the defendant was sentenced at the time of the entry of the plea of guilty, the successful completion of the drug division probation program and the other requirements of probation will result in his discharge from supervision.
If the defendant does not successfully complete the drug division probation program, the judge may revoke the probation and impose sentence, or the judge may revoke the probation and order the defendant to serve 5 sentence previously imposed and suspended.
The defendant shall be represented by counsel during the negotiations to determine eligibility to participate in the drug division probation program and shall be represented by counsel at the time of the execution of the probation agreement, and at any hearing to revoke the defendant's probation and discharge him from the program, unless the court finds and the record shows that the defendant has knowingly and intelligently waived his right to counsel.
If the defendant elects to undergo treatment and participate in the drug division probation program, the court shall order an examination of the defendant by one of the court's designated licensed treatment professionals.
Treatment professionals shall possess sufficient experience ссылка working Накопительный водонагреватель EWH 100 Heatronic DryHeat href="https://chmall.ru/100/krepezhniy-ugolok-pod-135-gradusov-9090402-mm-upak-100-sht.html">по этому сообщению criminal justice clients with alcohol or drug abuse or addictions, or both, and shall be certified and approved by the state of Louisiana.
The designated treatment professionals shall utilize standardized testing Шланг сливной DWH000BO evaluation procedures to determine 5 or not the defendant is an appropriate candidate for a 5 program and shall report such findings to the court and the district attorney.
Only those defendants who suffer from alcoholism or a drug abuse or addiction, or both, or who are in danger of becoming dependent on alcohol or drugs and who are likely to be rehabilitated through treatment shall be considered for treatment.
If, based on the examiner's report and the recommendations of the district attorney and the defense counsel, the judge determines that the defendant should be enrolled in the drug division probation program, the court shall accept the defendant's guilty plea and suspend or defer the imposition of sentence and place the defendant on probation under the terms and conditions of the drug division probation program.
The court also 5 impose sentence and suspend the execution thereof, placing the defendant on probation under the terms and conditions of the drug division probation program.
Additionally, a treatment professional may petition the court for immediate discharge of any individual who fails to comply with treatment program rules and treatment expectations or адрес страницы refuses to constructively engage in the treatment process.
The defendant must agree to enter the program and sign a probation agreement stating the terms and conditions of his program.
The defendant must plead guilty to the charge in order to be 5 for the drug division probation program.
The work must be performed for and under the supervising authority of a parish, municipality, or other political subdivision or agency of the state of Louisiana or a charitable organization that renders service to the community or its residents.
As long as the probationer follows the жмите сюда of his agreement, he or she shall remain on probation.
At the conclusion of the period of probation, the district attorney, on advice of the person providing the probationer's treatment and the probation officer, may recommend that the drug division take one of the following courses of action: a That the probationer's probation be revoked and the probationer be sentenced because 5 probationer has not successfully completed the treatment and has violated one or more conditions of probation; or, if already sentenced, that the probation be revoked and the probationer be remanded to the appropriate custodian for service of that sentence.
If at the hearing the moving party can show sufficient proof that the probationer has violated probation or the treatment agreement and has not shown a willingness to submit to rehabilitation, the probationer may be reprimanded, sanctioned for the violation, removed from the program or the treatment agreement may be changed to meet the probationer's specific needs.
https://chmall.ru/100/krahmal-kartofelniy-1kg-horeca-v-doy-pakah.html appropriate alcohol and drug treatment professional shall report the following changes or conditions to the district attorney at any periodic https://chmall.ru/100/smartfon-fly-life-ace.html period specified by the court: 1 The probationer is changed from an inpatient to an outpatient.
Upon successful completion of the drug division probation program and its terms and conditions, the judge, after receiving the recommendation from the district attorney, may vacate the judgment of conviction and dismiss the criminal proceedings against the probationer or may discharge the defendant from probation in accordance with the provisions of Code 5 Criminal Procedure Article 893 or 894.
Discharge and dismissal under this Chapter, as provided in Code of Criminal Procedure Articles 893 and 894, shall have the same effect as acquittal, except that the conviction may be considered in order to provide the basis for subsequent prosecution of the party as a multiple offender and shall be considered as an offense for the purposes of any other law or laws relating to cumulation of offenses.
Dismissal under this Chapter shall occur only once 5 respect to any person.
Nothing herein shall be construed as a basis for the destruction of records как сообщается здесь the arrest and prosecution of the person.
Nothing contained in this Chapter shall confer a right or an expectation of a right to treatment for a defendant or offender within the criminal justice system.
Each defendant shall contribute to the cost of substance abuse treatment received in the drug treatment program based upon guidelines developed by the drug division.
Each judicial district that establishes a drug division shall adopt written policies and guidelines for the implementation of a probation program in accordance with this Chapter.
The policies and guidelines shall include provisions concerning the following: 1 How to examine the defendant initially to determine if he or she is qualified for enrollment.
Each drug division shall develop a method of evaluation so that its effectiveness can be measured.
These evaluations shall be compiled annually and transmitted to the judicial administrator of the Supreme Court of Louisiana and shall include information on recidivism reduction on the participants in the program.
No statement, or any information procured therefrom, with respect to the specific offenses with which the defendant is charged, which is made to any probation officer or alcohol and drug treatment worker subsequent to the granting of probation, shall be admissible in any civil or criminal action or proceeding, except a drug division probation revocation proceeding.
A record of the fact that an individual has participated in a drug division probation program shall be maintained by the Supreme Court and shall be made available upon request to any district attorney for the purpose of determining if an individual has привожу ссылку participated in 5 drug division probation program.
June 18, 2013; Acts 2013, No.
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