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LASER Docket Application Process

LASER Docket

  • Judge, Assistant U.S. Attorney (AUSA), Probation or Defense Counsel identifies prospective LASER Docket (hereafter, LASER) candidate.
  • Judge would raise candidate with Probation. AUSA or Probation would raise candidatewith defense counsel.
  • Defense counsel on his/her own or after identification of his/her client as a candidate by Judge, AUSA or Probation would explore LASER with his/her client and, if appropriate, request that his/her client be considered for LASER. The request shall be in writing to the AUSA and should detail why the client is a viable LASER candidate. Probation should be copied on the request. If Probation is not copied on the letter, the AUSA should provide Probation with a copy of letter.
  • The U.S. Attorney’s Office will conduct a review of the request and make an interim decision on whether it is in favor of moving forward with the candidate’s LASER application. If the U.S. Attorney’s Office approves the candidate, Probation and Defense Counsel will be notified by the AUSA assigned to the case. Defense counsel will then confirm with the AUSA and notify Probation that his/her client will move forward and engage in plea negotiations.
  • In the ordinary course after a plea agreement is reached, a change of plea hearing will be scheduled. Probation will prepare a PSR after the candidate has pled guilty to the charged offense.
  • A LASER candidate is required to observe a LASER docket courtroom session before the LASER team convenes to vote on his/her application for admission to LASER. Ideally, this should occur before the change of plea hearing occurs.
  • After the LASER candidate has observed a LASER session, entered a guilty plea to the charged offense, and a PSR has been completed by Probation, the candidate’s application will be discussed and voted on by the LASER team during a meeting. Defense counsel will be notified by Probation of the date his/her client’s application will be considered by the team, and he/she will have the option of making a short presentation to the team about his/her client’s candidacy and/or being available to answer questions. Probation, AUSA, and treatment provider will each have one vote and each Judge on the LASER team will have a vote as to each candidate’s admission decision. Team admission decisions are final with no right of appeal.
  • The U.S. Attorney must agree with an admission decision (if a pretrial detainee).
  • Defense counsel is notified of the admission decision by Probation.
  • If the team vote is in favor of admission and the U.S. Attorney agrees, Probation will notify defense counsel of the newly admitted participant’s LASER orientation date/time and LASER session start date. CJA LASER counsel will be appointed.
  • The orientation must be conducted prior to the first scheduled LASER session. Probation, appointed CJA LASER counsel, and the participant must attend orientation. At orientation, the phases of LASER and LASER requirements will be reviewed with the participant. The participant will execute requested authorizations/releases. The LASER Agreement will be reviewed, and the participant will sign the LASER Agreement. The participant will be provided his/her LASER Binder and a forms review (self-help meeting sign-in sheets, emergency contact form, etc.).
  • Thereafter, the Clerk’s Office will place an entry on the docket regarding the participant’s admission to LASER.