Art. 330.2. Bail hearing for certain sex offenders; detention
A. A contradictory bail hearing, as provided for in this Article, shall be held prior to setting bail for a person in custody who is charged with a sex offense and who has been previously convicted of a sex offense.
B. The court, after having been given notice of an applicable prior conviction as described in Paragraph F of this Article, shall order a contradictory hearing to be held within five days of receiving notice of the prior conviction, exclusive of weekends and legal holidays.
C. At the contradictory hearing the court, in addition to hearing whatever evidence it finds relevant, shall, with the consent of the prosecuting attorney, perform an ex parte examination of the evidence against the accused.
D. In addition to the factors listed in Article 334 of the Code of Criminal Procedure, the court shall take into consideration the previous criminal record of the defendant; any potential threat or danger the defendant poses to the victim, the family of the victim, or to any member of the public, especially children; and the court shall give ample consideration to any statistical evidence prepared by the United States Department of Justice relative to the likelihood of the defendant, or any person in general who has been convicted of sexually inappropriate conduct with a prepubescent child under the age of thirteen, to commit similar offenses against juvenile victims in the future.
E.(1) The posting of bail with an unsecured personal surety as authorized by Article 317 for a sex offense is prohibited.
(2) The only types of bail that may be posted for a sex offense are:
(a) Bail with a secured personal surety as authorized by Article 318.
(b) Bail with a commercial surety as authorized by Article 314.
(c) Bail with a cash deposit as authorized by Article 324.
F. For purposes of this Article, "sex offense" means any offense as defined as a sex offense in R.S. 15:541(14.1) when the victim is under the age of thirteen at the time of commission of the offense and less than ten years have elapsed between the date of the commission of the current offense and the expiration of the maximum sentence of the previous conviction.
Art. 330.2. Bail hearing for certain sex offenders; detention
A. A contradictory bail hearing, as provided for in this Article, shall be held prior to setting bail for a person in custody who is charged with a sex offense and who has been previously convicted of a sex offense.
B. The court, after having been given notice of an applicable prior conviction as described in Paragraph F of this Article, shall order a contradictory hearing to be held within five days of receiving notice of the prior conviction, exclusive of weekends and legal holidays.
C. At the contradictory hearing the court, in addition to hearing whatever evidence it finds relevant, shall, with the consent of the prosecuting attorney, perform an ex parte examination of the evidence against the accused.
D. In addition to the factors listed in Article 334 of the Code of Criminal Procedure, the court shall take into consideration the previous criminal record of the defendant; any potential threat or danger the defendant poses to the victim, the family of the victim, or to any member of the public, especially children; and the court shall give ample consideration to any statistical evidence prepared by the United States Department of Justice relative to the likelihood of the defendant, or any person in general who has been convicted of sexually inappropriate conduct with a prepubescent child under the age of thirteen, to commit similar offenses against juvenile victims in the future.
E.(1) The posting of bail with an unsecured personal surety as authorized by Article 317 for a sex offense is prohibited.
(2) The only types of bail that may be posted for a sex offense are:
(a) Bail with a secured personal surety as authorized by Article 318.
(b) Bail with a commercial surety as authorized by Article 314.
(c) Bail with a cash deposit as authorized by Article 324.
F. For purposes of this Article, "sex offense" means any offense as defined as a sex offense in R.S. 15:541(14.1) when the victim is under the age of thirteen at the time of commission of the offense and less than ten years have elapsed between the date of the commission of the current offense and the expiration of the maximum sentence of the previous conviction.
Art. 330.2. Bail hearing for certain sex offenders; detention
A. A contradictory bail hearing, as provided for in this Article, shall be held prior to setting bail for a person in custody who is charged with a sex offense and who has been previously convicted of a sex offense.
B. The court, after having been given notice of an applicable prior conviction as described in Paragraph F of this Article, shall order a contradictory hearing to be held within five days of receiving notice of the prior conviction, exclusive of weekends and legal holidays.
C. At the contradictory hearing the court, in addition to hearing whatever evidence it finds relevant, shall, with the consent of the prosecuting attorney, perform an ex parte examination of the evidence against the accused.
D. In addition to the factors listed in Article 334 of the Code of Criminal Procedure, the court shall take into consideration the previous criminal record of the defendant; any potential threat or danger the defendant poses to the victim, the family of the victim, or to any member of the public, especially children; and the court shall give ample consideration to any statistical evidence prepared by the United States Department of Justice relative to the likelihood of the defendant, or any person in general who has been convicted of sexually inappropriate conduct with a prepubescent child under the age of thirteen, to commit similar offenses against juvenile victims in the future.
E.(1) The posting of bail with an unsecured personal surety as authorized by Article 317 for a sex offense is prohibited.
(2) The only types of bail that may be posted for a sex offense are:
(a) Bail with a secured personal surety as authorized by Article 318.
(b) Bail with a commercial surety as authorized by Article 314.
(c) Bail with a cash deposit as authorized by Article 324.
F. For purposes of this Article, "sex offense" means any offense as defined as a sex offense in R.S. 15:541(14.1) when the victim is under the age of thirteen at the time of commission of the offense and less than ten years have elapsed between the date of the commission of the current offense and the expiration of the maximum sentence of the previous conviction.
