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Regular Session, 2010
HOUSE BILL NO. 462
BY REPRESENTATIVE MILLS
CRIMINAL/MENTAL CAPACITY: Provides relative to inpatient and outpatient treatment
of a person charged with certain felonies and misdemeanors following a competency
determination
AN ACT1
To amend and reenact Code of Criminal Procedure Article 648(A)(2), relative to procedures2
after a determination of mental capacity or incapacity; to provide for treatment after3
a determination of mental capacity or incapacity; to provide with respect to inpatient4
and outpatient treatment for persons charged with certain crimes; and to provide for5
related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Code of Criminal Procedure Article 648(A)(2) is hereby amended and8
reenacted to read as follows: 9
Art. 648. Procedure after determination of mental capacity or incapacity10
A. The criminal prosecution shall be resumed unless the court determines by11
a preponderance of the evidence that the defendant does not have the mental capacity12
to proceed. If the court determines that the defendant lacks mental capacity to13
proceed, the proceedings shall be suspended and one of the following dispositions14
made:15
* * *16
(2)(a) If Except as otherwise provided for in Item (b) of this Subparagraph,17
if the person is charged with a felony, or a misdemeanor classified as an offense18
against the person, or with a misdemeanor violation of R.S. 14:35.3, and is19 HLS 10RS-1182 REENGROSSED
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considered by the court to be likely to commit crimes of violence, and the court1
determines that his mental capacity is likely to be restored within ninety days as a2
result of treatment, the court may order immediate jail-based treatment by the3
Department of Health and Hospitals not to exceed ninety days; otherwise,.4
Otherwise, if his capacity cannot be restored within ninety days and inpatient5
treatment is recommended, the court shall commit the defendant to the Feliciana6
Forensic Facility.7
(b) If a person is charged with a felony violation of the Uniform Controlled8
Dangerous Substances Law, except for violations punishable under the provisions9
of R.S. 40:966(D) and (F) and R.S. 40:967(F)(1)(b) and (c), (2), and (3), and the10
court determines that his mental capacity cannot be restored within ninety days, the11
court shall release the person for outpatient competency restoration or other12
appropriate treatment.13
(c) If a person is charged with a misdemeanor classified as an offense against14
a person, except for a misdemeanor violation of R.S. 14:35.3, and the court15
determines that his mental capacity cannot be restored within ninety days, the court16
shall release the person for outpatient competency restoration or other appropriate17
treatment.18
(b) (d) If a defendant committed to the Feliciana Forensic Facility is held in19
a parish jail for one hundred eighty days after the court's determination that he lacks20
the mental capacity to proceed, the court shall order a status conference to be held21
with the defense and the district attorney present, and for good cause shown and on22
motion of the defendant or the district attorney or on the court's own motion, the23
court shall order a contradictory hearing to determine whether there has been a24
change in the defendant's condition or other circumstances sufficient to warrant a25
modification of the previous order.26
(c) (e) If a defendant committed to the Feliciana Forensic Facility is held in27
a parish jail for one hundred eighty days after the initial status conference provided28
in Item (b) (d) of this Subparagraph, the court shall order a contradictory hearing to29 HLS 10RS-1182 REENGROSSED
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determine whether to release the defendant or to order the appropriate authorities to1
institute civil commitment proceedings pursuant to R.S. 28:54. The defendant shall2
remain in custody pending such civil commitment proceedings. If the defendant is3
civilly committed to a treatment facility pursuant to Title 28 of the Louisiana4
Revised Statutes of 1950, the director of the institution designated for the patient's5
treatment shall, in writing, notify the court and the district attorney when the patient6
is to be discharged or conditionally discharged, as long as the charges are pending.7
* * *8
Section 2. This Act shall become effective upon signature by the governor or, if not9
signed by the governor, upon expiration of the time for bills to become law without signature10
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If11
vetoed by the governor and subsequently approved by the legislature, this Act shall become12
effective on the day following such approval.13
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Mills HB No. 462
Abstract: Provides for inpatient and outpatient treatment for persons charged with certain
crimes following a competency determination.
Present law authorizes the court to order immediate jailed-based treatment by the Dept. of
Health and Hospitals not to exceed 90 days if a person is charged with a felony or
misdemeanor classified as an offense against the person when the court determines that his
mental capacity is likely to be restored within 90 days as a result of treatment. If the person's
capacity cannot be restored within 90 days and inpatient treatment is recommended, the
court shall commit the defendant to the Feliciana Forensic Facility.
Proposed law changes present law by specifying that if a person charged with a felony
violation of the controlled dangerous substance law not otherwise provided for in proposed
law or a misdemeanor violation of domestic abuse battery cannot be restored within 90 days
and inpatient treatment is recommended, the court shall commit the defendant to the Feliciana
Forensic Facility.
Proposed law provides that if a person is charged with a felony violation of the Uniform
Controlled Dangerous Substances Law, except for possession of large quantities of controlled
dangerous substances, and the court determines that his mental capacity cannot be restored
within 90 days, the court shall release the person for outpatient competency restoration or
other appropriate treatment. HLS 10RS-1182 REENGROSSED
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Proposed law provides that if a person is charged with a misdemeanor classified as an offense
against a person, except for domestic abuse battery, and the court determines that his mental
capacity cannot be restored within 90 days, the court shall release the person for outpatient
competency restoration or other appropriate treatment.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends C.Cr.P. Art. 648(A)(2))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Added exceptions regarding certain controlled dangerous substances violations
and misdemeanor offenses committed against a person to those offenses which
will not be committed to Feliciana Forensic Facility.