SLS 12RS-720 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 580
BY SENATOR DONAHUE
SHERIFFS. Provides authority for sheriffs to transfer pretrial detainees in parish jails to
state forensic facilities for treatment. (8/1/12)
AN ACT1
To amend and reenact R.S. 28:25.1(C)(1)(a)(iii), (b), (c) and (d), relative to forensic2
services; to provide for authority to transfer from parish jails to forensic facilities;3
and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 28:25.1(C)(1)(a)(iii), (b), (c) and (d) are hereby amended and6
reenacted to read as follows: 7
ยง25.1. Establishment of Feliciana Forensic Facility; authorization to establish8
forensic facilities in New Orleans, Baton Rouge, Shreveport, and9
Alexandria10
* * *11
C.(1)(a) The superintendent of any such facility shall admit only those12
persons:13
* * *14
(iii) Transferred from state correctional institutions or parish jail.15
* * *16
(b)(i) A transfer from any other state hospital shall be had only after the17 SB NO. 580
SLS 12RS-720 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
director of the transferring facility, in concurrence with two psychiatrists, has1
determined and certified in writing to such forensic facility that the person to be2
transferred is dangerous to others and that the transferring facility cannot adequately3
protect its staff and patients from such person.4
(ii) A transfer from a parish jail shall be had after the sheriff, in5
concurrence with two mental health professionals, has determined and certified6
in writing to such forensic facility that the person to be transferred is dangerous7
to others and that the transferring jail cannot adequately protect its staff and8
other inmates from such person.9
(c)(i) The decision to transfer shall not be made until after the person who is10
proposed to be transferred has had an opportunity to be heard regarding his actions11
upon which the proposed transfer is based by the director and two concurring12
psychiatrists.13
(ii) In the case of a proposed transfer from a parish jail, the decision to14
transfer shall not be made until after the person who is proposed to be15
transferred has had an opportunity to be heard regarding his actions upon16
which the proposed transfer is based by the sheriff and two concurring mental17
health professionals.18
(d) For purposes of this Section, a person shall be determined "dangerous to19
others" when said person has attempted to cause serious injury or harm to a patient20
or staff person or other inmate on at least one occasion and the likelihood is that21
said person will cause such injury again if he is allowed to remain in the facility22
requesting the transfer.23
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Dawn Romero Watson.
DIGEST
Present law authorizes the Dept. of Health and Hospitals to establish additional forensic
facilities for the treatment of forensic patients. Present law authorizes the superintendent of
any such facility to admit only those persons: SB NO. 580
SLS 12RS-720 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
1. Determined to be incompetent prior to trial and committed on recommendation of
a sanity commission.
2. Found not guilty by reason of insanity.
3. Transferred from state correctional institutions.
4. Who were judicially committed after being charged with a criminal offense and
found incompetent to stand trial.
5. Judicially committed to and transferred from any state hospital for the mentally ill
and inebriant.
Proposed law retains present law and adds transfers from parish jails to those persons
allowed for admittance.
Present law provides that a transfer from any other state hospital can be had only after the
director of the transferring facility, in concurrence with two psychiatrists, determines and
certifies in writing to the forensic facility that the person to be transferred is dangerous to
others and that the transferring facility cannot adequately protect its staff and patients from
the person.
Proposed law adds that a transfer from a parish jail can be had after the sheriff, in
concurrence with two mental health professionals, determines and certifies in writing to such
forensic facility that the person to be transferred is dangerous to others and that the jail
cannot adequately protect its staff and other inmates from the person.
Present law provides that the decision to transfer shall not be made until after the person who
is proposed to be transferred has had an opportunity to be heard by the director and two
concurring psychiatrists. Present law defines a person determined to be "dangerous to
others" as a person who has attempted to cause serious injury or harm to a patient or staff
person on at least one occasion and is likely to do so again if he is allowed to remain in the
facility requesting the transfer.
Proposed law adds that in the case of a proposed transfer from a parish jail, the decision to
transfer shall not be made until after the person who is proposed to be transferred has an
opportunity to be heard by the sheriff and two concurring mental health professionals.
Effective August 1, 2012.
(Amends R.S. 28:25.1(C)(1)(a)(iii), (b), (c) and (d))