LAFAYETTE PARISH SHERIFF’S OFFICE
Section/Policy:
J-6400
CORRECTIONS DIVISION
POLICY AND PROCEDURES
Subject:
Number of Pages:
4
JUDICIAL REVIEWS
References:
ACA: 4-ALDF-2A-31
Corrections Division Policy and Procedure: J-0600; T-0300
Approved by:
Jail Commander:
Director of Corrections:
Review/Revision Dates:
Originated: 08/28/03; Reviewed: 09/25/03; Reviewed: 09/29/04; Revised: 05/26/05;
Reviewed: 09/15/05; Reviewed: 09/18/06; Reviewed: 09/21/07; Reviewed: 09/10/08;
Revised: 11/12/08; Reviewed: 04/23/09; Revised: 07/30/10; Reviewed: 03/19/15
J-6400
POLICY:
To manage the offender population of the facility, a Commissioner from
the 15th Judicial District shall be assigned to assist in identifying those
offenders eligible for early release from custody. It shall also be the
Commissioner’s responsibility to determine probable cause for arrests
without warrant.
J-6401
DEFINITIONS:
A.
Judicial Review:
The process of identifying those offenders eligible for pretrial release by
lowering bail or not requiring bail.
B.
15th Judicial District Commissioner:
The court body assigned to duty within the facility.
C.
Duty Judge:
The judge assigned to duty when the Commissioner is not available.
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D.
Assisting Representatives:
Delegates from the Sheriff’s Office, 15th Judicial District Court Services,
District Attorney’s Office, Lafayette City Attorney’s Office, and the
Lafayette Police Department assigned to assist the Commissioner in
conducting judicial reviews.
E.
Court Liaison:
The Intake/Booking staff member assigned to facilitate judicial reviews.
F.
County of Riverside v. McLaughlin (89-1817), 500 U.S. 44 (1991):
This Supreme Court decision determined that a person arrested without a
warrant must be afforded a probable cause determination within 48 hours,
including weekends and holidays, unless emergent or extraordinary
circumstances exist.
G.
Significant Legal Status Change:
Sentencing in excess of twenty (20) years, new and/or additional
aggravated felony charges, or any legal status change that would
significantly affect an offender because of their education level, mental
ability, etc.
J-6402
RULES:
A.
When it is necessary to consult with a 15th Judicial District court judge,
Intake/Booking staff shall refer to the Commissioner or Duty Judge.
B.
Judicial reviews shall take place seven (7) days per week, including legal
holidays.
C.
Offenders shall not attend the judicial review, except at the request of the
Commissioner or Duty Judge.
D.
The Commissioner or Duty Judge shall conduct a probable cause
determination for warrantless arrests as set forth in County of Riverside v.
McLaughlin Supreme Court decision.
J-6403
PROCEDURES:
A.
Intake/Booking staff shall generate a report, via ARMMS, listing
offenders eligible for judicial review based on the following criteria:
1.
Offenders being held on probable cause;
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Policy J-6400
2.
Upon request by the facility or 15th Judicial District court staff.
B.
Intake/Booking staff shall ensure that all appropriate documents
accompany each case to be reviewed.
C.
Judicial review assisting representatives shall be provided with the
following:
1.
The list of offenders to be reviewed;
2.
Access to the LPCC Court Room where the judicial review occurs.
D.
The judicial review shall commence as scheduled by the presiding judge.
E.
Cases to be reviewed shall be presented to the presiding judge by the
Court Liaison.
F.
Assisting representatives shall provide the presiding judge with pertinent
information regarding each case to be reviewed.
G.
The presiding judge shall review each case and determine the following:
1.
Whether the offender may be released from custody.
2.
Existence of probable cause on warrantless arrests;
3.
Whether to set, reduce, or increase bail or to hold without bail;
4.
If to accelerate the court date.
H.
The Court Liaison shall document the disposition of each case reviewed.
I.
When the judicial review is completed, the Court Liaison shall:
1.
Ensure all paperwork is properly updated and filed in
Intake/Booking;
2.
Document the judicial review dispositions in ARMMS;
3.
Notify the Classification Officer and health care staff of offenders
with significant legal status changes;
a.
The Classification Officer shall reclassify any offender
with a significant legal status change in accordance with
established guidelines. (4-ALDF-2A-31; J-0600)
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Policy J-6400
b.
Health care staff shall assess the mental health of any
offender with a significant legal status change. (T-0300)
4.
Compile statistics and forward to the Intake/Booking Lieutenant as
required;
5.
The Probable Cause Form shall be filed in the offender’s intake
folder, if necessary.
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Policy J-6400