ENROLLED
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Regular Session, 2010
HOUSE BILL NO. 462
BY REPRESENTATIVE MILLS
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
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(2)(a) If Except as otherwise provided for in Subsubparagraph (b) of this17
Subparagraph, if the person is charged with a felony, or a misdemeanor classified as18
an offense against the person, or with a misdemeanor violation of R.S. 14:35.3, and19
is considered by the court to be likely to commit crimes of violence, and the court20
determines that his mental capacity is likely to be restored within ninety days as a21
result of treatment, the court may order immediate jail-based treatment by the22
Department of Health and Hospitals not to exceed ninety days ; otherwise,.23
Otherwise, if his capacity cannot be restored within ninety days and inpatient24 ENROLLEDHB NO. 462
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treatment is recommended, the court shall commit the defendant to the Feliciana1
Forensic Facility.2
(b) If a person is charged with a felony violation of the Uniform Controlled3
Dangerous Substances Law, except for violations punishable under the provisions4
of R.S. 40:966(D) and (F) and R.S. 40:967(F)(1)(b) and (c), (2), and (3), and the5
court determines that his mental capacity cannot be restored within ninety days, the6
court shall release the person for outpatient competency restoration or other7
appropriate treatment.8
(c) If a person is charged with a misdemeanor classified as an offense against9
a person, except for a misdemeanor violation of R.S. 14:35.3, and the court10
determines that his mental capacity cannot be restored within ninety days, the court11
shall release the person for outpatient competency restoration or other appropriate12
treatment.13
(b) (d) If a defendant committed to the Feliciana Forensic Facility is held in14
a parish jail for one hundred eighty days after the court's determination that he lacks15
the mental capacity to proceed, the court shall order a status conference to be held16
with the defense and the district attorney present, and for good cause shown and on17
motion of the defendant or the district attorney or on the court's own motion, the18
court shall order a contradictory hearing to determine whether there has been a19
change in the defendant's condition or other circumstances sufficient to warrant a20
modification of the previous order.21
(c) (e) If a defendant committed to the Feliciana Forensic Facility is held in22
a parish jail for one hundred eighty days after the initial status conference provided23
in Item (b) (d) of this Subparagraph, the court shall order a contradictory hearing to24
determine whether to release the defendant or to order the appropriate authorities to25
institute civil commitment proceedings pursuant to R.S. 28:54. The defendant shall26
remain in custody pending such civil commitment proceedings. If the defendant is27
civilly committed to a treatment facility pursuant to Title 28 of the Louisiana28
Revised Statutes of 1950, the director of the institution designated for the patient's29 ENROLLEDHB NO. 462
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treatment shall, in writing, notify the court and the district attorney when the patient1
is to be discharged or conditionally discharged, as long as the charges are pending.2
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Section 2. This Act shall become effective upon signature by the governor or, if not4
signed by the governor, upon expiration of the time for bills to become law without signature5
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If6
vetoed by the governor and subsequently approved by the legislature, this Act shall become7
effective on the day following such approval.8
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: