Law Enforcement Negotiation and Sentencing Adjustment (LENSA) Act
Introduction
This Act authorises Law Enforcement Officers to engage in fair and transparent sentencing negotiations during criminal processing, allowing for proportional time reductions only and charge adjustments in good faith. Its purpose is to promote efficiency, fairness, and rehabilitation within the criminal justice process while encouraging cooperation between Law Enforcement Officers, Public Defenders, and the accused.
Constitutional Justification
Under Article II - Legislative Authorities and Article III - Rights and Freedoms of the Constitution of San Andreas, the Department of Justice retains full control over all legal and judicial matters. This Act is enacted pursuant to the Right to Due Process and the Right to Dignity, enabling Law Enforcement Officers to apply discretionary judgment in prosecution and sentencing where appropriate.
Article I - Scope of Authority
- Law Enforcement Officers may exercise discretionary authority to adjust time and, where appropriate, charges, in cases where the accused acts in good faith or where fairness dictates a reduction.
- Officers are strictly prohibited from reducing or waiving fines under any circumstance.
- This authority does not extend to the full dismissal of all charges or the granting of complete immunity.
- All adjustments must be documented within the official incident report and are subject to review by departmental command and the Department of Justice.
Article II - Circumstances Permitting Adjustment
Law Enforcement Officers may reduce sentence time or modify charges under the following circumstances:
- Extended Custody
- If a citizen has been held in PD custody longer than twenty (20) minutes, one (1) month may be deducted from the total sentence for each additional minute spent in custody.
- Good Faith Negotiations
- When a citizen, with or without counsel, engages in active good-faith negotiations with Law Enforcement or a Public Defender, one (1) month may be deducted for each minute spent negotiating.
- Officers may also remove or amend charges as part of these negotiations, provided justification is noted in the report.
- Guilty Pleas
- Citizens who plead guilty may receive up to a 25% time reduction.
- If represented by a Public Defender or legal counsel during negotiation, this reduction may be increased to 50%.
- The reduction percentage and legal counsel’s presence must be clearly noted in the incident report.
Article III - Stacking and Limitations
- The above reductions may stack with one another, provided the cumulative reduction does not exceed the total original sentence.
- Fines may not be reduced, negotiated, or forgiven under this Act.
- If reductions would result in zero or negative time remaining, the individual shall be released after all fines are processed.
- Officers are prohibited from granting reductions beyond the guidelines or without notation in the official report.
- Any misuse or abuse of these powers may result in departmental disciplinary action and potential criminal prosecution for misconduct.
Article IV - Documentation and Oversight
- All sentence or charge reductions, guilty plea agreements, or other negotiated adjustments must be logged in the associated Incident Report.
- The report must include:
- Total time reduced and justification;
- Any charges dropped or modified;
- Names of all involved parties (including legal counsel).
- Supervisors and command staff retain full authority to audit LENSA negotiations for compliance and integrity.
- The Department of Justice may issue policy memoranda expanding or clarifying enforcement standards as case law develops.
Article V - Purpose and Intent
This Act is designed to:
- Encourage cooperation between Law Enforcement and legal counsel;
- Reduce unnecessary incarceration;
- Promote accountability and efficiency within the justice system; and
- Support rehabilitation through structured discretion.
- The intent is not to replace the courts but to strengthen pre-trial negotiation and fairness at the point of arrest.
Conclusion
The Law Enforcement Negotiation and Sentencing Adjustment Act (LENSA) provides a structured, transparent, and fair system for negotiated sentencing adjustments. It empowers Law Enforcement Officers to act judiciously while maintaining accountability and ensuring every citizen’s constitutional rights are respected.
Signatories:
- Justice Bailey Harvey
- Justice Peter Brackley
- Justice Mina Mercy
- Justice Tess Timony
- Justice James Anderson
