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Regular Session, 2013
HOUSE BILL NO. 442
BY REPRESENTATIVE LOPINTO
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL/SENTENCING: Provides relative to sentencing and treatment of certain
offenders convicted of certain violations of the Uniform Controlled Dangerous
Substances Law
AN ACT1
To enact Subpart 7 of Part II of Chapter 5 of Title 15 of the Louisiana Revised Statutes of2
1950, to be comprised of R.S. 15:574.61 and 574.62, to enact Code of Criminal3
Procedure Articles 903 through 903.3, and to repeal R.S. 13:5304(B)(10)(d) and (f),4
relative to sentencing of certain offenders convicted of certain violations of the5
Uniform Controlled Dangerous Substances Law; to authorize the development of a6
substance abuse probation program within the Department of Public Safety and7
Corrections; to authorize the Department of Public Safety and Corrections to enter8
into cooperative endeavors or contracts to provide for substance abuse treatment9
programs; to provide for eligibility for participation in the program; to provide for10
a court-ordered substance abuse evaluation to determine suitability for participation11
in the program; to provide for the suspension of certain criminal sentences and court-12
ordered participation in the program; to provide for rulemaking; to provide for the13
payment of certain costs by the defendant; to provide for alternative methods of14
payment of indigent defendants; to enact the Substance Abuse Conditional Release15
Act; to provide for substance abuse conditional release; to provide for parole16
supervision following completion of the substance abuse conditional release17
program; to provide for the duration of the substance abuse treatment program within18
the Department of Public Safety and Corrections; to provide for eligibility for19 HLS 13RS-457 ENGROSSED
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substance abuse conditional release; to provide for an addiction disorder assessment1
and a mental health screening to determine suitability for the program; to provide for2
criteria for removal from participation in the program; to provide for the3
consequences of failure to complete the substance abuse probation program or the4
substance abuse conditional release program; to modify disqualification criteria for5
the drug division probation program; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Code of Criminal Procedure Articles 903 through 903.3 are hereby8
enacted to read as follows: 9
Art. 903. Substance abuse probation program; authorization10
A. The secretary of the Department of Public Safety and Corrections is11
authorized to establish a substance abuse probation program within the department.12
B. The program shall provide substance abuse counseling and treatment for13
defendants sentenced to substance abuse probation pursuant to the provisions of14
Article 903.2 of this Code.15
C. The department may enter into cooperative endeavors or contracts with16
the Department of Health and Hospitals, training facilities, and service providers to17
provide for substance abuse treatment and counseling for defendants participating18
in the program.19
D. The department shall adopt rules and guidelines as it deems necessary for20
the administration and implementation of this program.21
E. The provisions of this Article shall be implemented only to the extent that22
funds are available within the department for this purpose and to the extent that is23
consistent with available resources and appropriate classification criteria.24
Article 903.1. Substance abuse probation program; eligibility25
A. In order to be eligible for the substance abuse probation program, the26
defendant shall not be excluded from participation pursuant to the provisions of27
Paragraph B of this Article and shall be charged with any of the following offenses:28 HLS 13RS-457 ENGROSSED
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(1) Felony possession of a controlled dangerous substance as defined in R.S.1
40:966(C), 967(C), 968(C) or 969(C).2
(2) Except as provided in Subparagraph (3) of this Paragraph, possession3
with intent to distribute a controlled dangerous substance as defined in R.S.4
40:966(A), 967(A), 968(A), or 969(A) where the offense involves less than twenty-5
eight grams of the controlled dangerous substance.6
(3) Possession with intent to distribute marijuana or synthetic cannabinoids7
as defined in R.S. 40:966(A) where the offense involves less than one pound of8
marijuana or synthetic cannabinoids.9
B. The provisions of this Article shall not apply to any defendant who has10
been convicted of a crime of violence as defined in R.S. 14:2(B) or a sex offense as11
defined in R.S. 15:541, or any defendant who has participated in or declined to12
participate in a drug division probation program as provided for in R.S. 13:5301 et13
seq.14
Art. 903.2. Substance abuse probation; sentencing15
A. Notwithstanding any other provision of law to the contrary, a court shall16
suspend a sentence and order an eligible defendant to participate in a substance abuse17
probation program provided by the department pursuant to Article 903 of this Code18
if the court determines all of the following:19
(1) The court has reason to believe that the defendant suffers from an20
addiction to a controlled dangerous substance.21
(2) The defendant is likely to respond to the substance abuse probation22
program.23
(3) Whether the available substance abuse probation program is appropriate24
to meet the needs of the defendant.25
(4) The defendant does not pose a threat to the community and it is in the26
best interest of justice to provide the defendant with treatment as opposed to27
incarceration or other sanctions.28 HLS 13RS-457 ENGROSSED
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B.(1) The court shall order the department to assign an authorized evaluator1
to prepare a suitability report. The suitability report shall delineate the nature and2
degree of the treatment necessary to address the individual defendant's drug or3
alcohol dependency or addiction, the reasonable availability of such treatment, and4
the defendant's appropriateness for the program. The district attorney and5
defendant's attorney shall have an opportunity to provide relevant information to the6
evaluator to be included in the report.7
(2) The authorized evaluator shall examine the defendant, using standardized8
testing and evaluation procedures, and shall provide to the court and the district9
attorney the results of the examination and evaluation along with its recommendation10
as to whether the individual is a suitable candidate for the substance abuse probation11
program.12
(3) If the court determines that the defendant should be enrolled in the13
substance abuse probation program, the court shall suspend the execution of the14
sentence and place the defendant on supervised probation under the terms and15
conditions of the substance abuse probation program.16
C.(1) If the judge makes an affirmative finding that the defendant is unlikely17
to successfully respond to treatment without confinement, the court may impose18
additional incarceration or conditions of probation including but not limited to long19
term residential treatment or inpatient treatment either within the department or20
within the community.21
(2) The defendant shall be required to participate in alcohol and drug testing22
at his own expense, unless the court determines that he is indigent.23
D.(1) If the defendant violates any condition of his probation or if the24
defendant would benefit from an adjustment to the probation or treatment program,25
the defendant, the treatment supervisor, the probation officer, the district attorney,26
or the court, on its own motion, may file a motion to modify the terms and conditions27
of the probation or file a motion to revoke the defendant's probation. After a28
contradictory hearing on the motion, the court may do either of the following:29 HLS 13RS-457 ENGROSSED
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(a) Modify the conditions of probation, including ordering the defendant to1
participate in a drug division probation program pursuant to R.S. 13:5301 et seq.2
(b) Revoke the defendant's probation and execute the sentence.3
(2) A defendant placed on probation pursuant to the provisions of this Article4
shall be subjected to the administrative sanctions provided for in Article 899.1 of this5
Code.6
(3) If the defendant's probation is revoked, the defendant shall be required7
to serve the suspended sentence and shall receive credit for time served in any8
correctional facility for commission of the crime as otherwise allowable by law.9
E. The provisions of Article 893(A) and (E)(1)(b) of this Code which10
prohibit the court from suspending or deferring the imposition of sentences for11
violations of the Uniform Controlled Dangerous Substances Law or for violations12
of R.S. 40:966(A), 967(A), 968(A), 969(A), or 970(A) shall not apply to defendants13
who otherwise meet the eligibility criteria for substance abuse probation programs14
as authorized by this Article.15
F. The provisions of this Article shall not be construed to limit the authority16
of the court to defer a sentence for a violation of the Uniform Controlled Dangerous17
Substances Law as otherwise provided by law.18
Art. 903.3. Substance abuse treatment program; cost19
A. A defendant who is placed under the supervision of the substance abuse20
probation program shall pay the cost of the treatment program to which he is21
assigned and the cost of any additional supervision that may be required to the extent22
of his financial resources as determined by the substance abuse treatment program.23
B. If the defendant does not have the financial resources to pay all the related24
costs of the probation program, the court may do either of the following:25
(1) To the extent practicable, arrange for the defendant to be assigned to a26
treatment program funded by the state or federal government.27
(2) With the recommendation of the treatment program, order the defendant28
to perform supervised work for the benefit of the community in lieu of paying all or29 HLS 13RS-457 ENGROSSED
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a part of the costs related to his treatment and supervision. The work shall be1
performed for and under the supervising authority of a parish, municipality, or other2
political subdivision or agency of the state or a charitable organization that renders3
service to the community or its residents.4
Section 2. Subpart 7 of Part II of Chapter 5 of Title 15 of the Louisiana Revised5
Statutes of 1950, comprised of R.S. 15:574.61 and 574.62, is hereby enacted to read as6
follows:7
(7) SUBSTANCE ABUSE CONDITIONAL RELEASE8
§574.61. Short title9
This Part may be referred to and may be cited as the "Substance Abuse10
Conditional Release Act".11
§574.62. Substance abuse conditional release12
A. The secretary of the Department of Public Safety and Corrections is13
hereby authorized to release an offender sentenced to the custody of the department14
to intense parole supervision as provided in R.S. 15:574.4.4, if the offender meets15
certain requirements provided for in this Section and meets the requirements of any16
rules or regulations adopted by the secretary in accordance with the provisions of this17
Section.18
B. An offender shall be eligible for conditional release pursuant to the19
provisions of this Section if all of the following conditions are met:20
(1) The offender is willing to participate in the program.21
(2) The offender has been convicted and is serving a sentence for a first or22
second offense possession or possession with the intent to distribute a controlled23
dangerous substance as defined by Part X of Chapter 4 of Title 40 of the Louisiana24
Revised Statutes of 1950.25
(3) The offender has no convictions for a crime of violence as defined by26
R.S. 14:2 or a sex offense as defined by R.S. 15:541.27
(4) The offender has not previously been released pursuant to the provisions28
of this Section.29 HLS 13RS-457 ENGROSSED
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(5) The offender has served at least two years in actual physical custody and1
is within one year of his projected release date.2
C.(1) If the offender meets the criteria set forth in Subsection B of this3
Section, the offender shall be required to undergo an addiction disorder assessment4
and a mental health screening which shall be reviewed by the secretary of the5
department and considered by the secretary in determining the offender's suitability6
to participate in the treatment program. In determining suitability the secretary shall7
consider all of the following:8
(a) Whether the offender's release may pose a danger to the general public9
or to an individual. In making this determination, the secretary shall consider all of10
the following:11
(i) The offender's involvement in any gang activity during the offender's12
term of imprisonment.13
(ii) The offender's custody classification as defined by the department.14
(iii) The risk of violence associated with the offender's release.15
(iv) The availability of sufficient supervision resources as determined by the16
secretary.17
(b) Whether the offender has a suitable release plan. In evaluating the18
release plan, the secretary shall consider all of the following:19
(i) Plans for aftercare.20
(ii) Availability of community-based chemical dependency treatment.21
(iii) Opportunities for gainful employment.22
(iv) An approved residence plan.23
(2) If the offender meets the criteria set forth in Subsection B of this Section24
and the secretary determines that the offender is suitable to participate in the25
program, the offender shall be required to participate in an addiction disorder26
treatment program within a facility approved by the department that meets the27
standards adopted by the secretary or such other program as indicated by the28 HLS 13RS-457 ENGROSSED
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department's risk and needs assessment tool. The program shall last for not less than1
sixty days nor more than one hundred twenty days.2
D. The secretary may remove any offender from the program for any of the3
following:4
(1) The offender committed a violation of the rules of the program.5
(2) The offender committed a criminal offense or violated the department6
disciplinary rules while in the program.7
(3) The offender presents a risk to himself or others.8
E. If the offender fails to successfully complete the program or is removed9
from the program pursuant to Subsection D of this Section, he shall be required to10
serve the remainder of his sentence as originally imposed. The offender shall not11
lose any good time earned during his participation in the program.12
F. If the offender successfully completes the program, the secretary may13
release the offender to intense parole supervision as provided in R.S. 15:574.4.4 and14
subject the offender to certain additional conditions imposed by the secretary15
pursuant to the provisions of this Section.16
G. Prior to the offender's release pursuant to the provisions of this Section,17
the offender shall sign a written agreement to comply with all requirements of R.S.18
15:574.4.4, the requirements of this Section, and any other conditions imposed by19
the secretary pursuant to the provisions of this Section.20
H.(1) As a condition of the offender's release pursuant to the provisions of21
this Section, the secretary shall require the offender to submit to random drug and22
alcohol testing and electronic monitoring as determined to be necessary by the23
secretary.24
(2) If determined by the secretary to be necessary, the secretary may require25
the offender to participate in further substance abuse treatment while on release26
pursuant to the provisions of this Section. The offender shall be required to bear the27
cost of such treatment.28 HLS 13RS-457 ENGROSSED
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(3) The secretary may impose any other conditions deemed necessary to1
accomplish the goals of this Section.2
I. When an offender is released pursuant to the provisions of this Section, he3
shall be released as if released on parole and shall be subject to the provisions4
relative to parole including R.S. 15:574.4.4 et seq.5
J. The secretary of the department is hereby authorized to establish rules and6
regulations to provide for the administration of this Section.7
Section 3. R.S. 13:5304(B)(10)(d) and (f) are hereby repealed in their entirety.8
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)]
Lopinto HB No. 442
Abstract: Provides relative to sentencing and treatment for certain offenders convicted of
certain controlled dangerous substances violations.
Proposed law authorizes the secretary of DPS&C to establish a substance abuse probation
program to provide substance abuse counseling and treatment for defendants sentenced to
substance abuse probation.
Proposed law authorizes the secretary of DPS&C to enter into cooperative endeavors or
contracts with DHH, training facilities, and service providers to provide for substance abuse
treatment and counseling for defendants participating in the program.
Proposed law provides that the program shall not apply to any defendant who has been
convicted of a crime of violence or any sex offense, or any defendant who has participated
in or declined to participate in a drug division probation program as authorized by present
law.
Proposed law further provides that in order to be eligible for the substance abuse probation
program, the defendant shall be charged with one of the following offenses:
(1)Felony possession of a controlled dangerous substance.
(2)Possession with intent to distribute a controlled dangerous substance where the
offense involves less than 28 grams of the controlled dangerous substance.
(3)Possession with intent to distribute marijuana or synthetic cannabinoids where the
offense involves less than one pound of marijuana or synthetic cannabinoids.
Proposed law provides that a court shall suspend a sentence and order an eligible defendant
to participate in a substance abuse probation program provided by the DPS&C if the court
determines all of the following:
(1)The court has reason to believe that the defendant suffers from an addiction to a
controlled dangerous substance. HLS 13RS-457 ENGROSSED
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(2)The defendant is likely to respond to the substance abuse probation program.
(3)Whether the available substance abuse probation program is appropriate to meet the
needs of the defendant.
(4)The defendant does not pose a threat to the community and it is in the best interest
of justice to provide the defendant with treatment as opposed to incarceration or
other sanctions.
Proposed law provides that if an offender is eligible for participation in the program, the
court shall order DPS&C to assign an authorized evaluator to prepare a suitability report,
which shall delineate the nature and degree of the treatment necessary to address the
individual defendant's drug or alcohol dependency or addiction, the reasonable availability
of such treatment, and the defendant's appropriateness for the program. The district attorney
and defendant's attorney shall have an opportunity to provide relevant information to the
evaluator to be included in the report.
Proposed law provides for the substance abuse conditional release program and authorizes
the secretary of DPS&C to release an offender sentenced to the custody of the department
to intense parole supervision if the offender meets certain requirements.
Proposed law provides that an offender shall be eligible for conditional release if all of the
following conditions are met:
(1)The offender is willing to participate in the program.
(2)The offender has been convicted and is serving a sentence for a first or second
offense possession or possession with the intent to distribute a controlled dangerous
substance.
(3)The offender has no convictions for a crime of violence or a sex offense.
(4)The offender has not previously been released pursuant to the substance abuse
conditional release program.
(5)The offender has served at least two years in actual physical custody and is within
one year of his projected release date.
Proposed law further provides that the offender shall be required to undergo an addiction
disorder assessment and a mental health screening which shall be reviewed by the secretary
of the department and considered by the secretary in determining the offender's suitability
to participate in the treatment program.
Proposed law provides that DPS&C shall determine the suitability of the offender to
participate in the program and shall consider whether the offender's release poses a danger
to the general public or to an individual and whether the offender has a suitable release plan.
Proposed law provides that a defendant's treatment program shall last for not less than 60
days nor more than 120 days.
Proposed law provides that an offender may be removed from the program if he violates
rules of the program, commits a criminal offense while in the program, or presents a risk to
himself or others.
Proposed law provides that if the offender is removed from or fails to successfully complete
the program, he shall be required to serve the remainder of his sentence as originally
imposed and shall not lose any good time earned while participating in the program. HLS 13RS-457 ENGROSSED
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Proposed law provides that upon successful completion of the program the offender may be
released as if released on parole and shall be subject to the provisions of present law relative
to parole.
Present law authorizes the establishment of a drug division probation program in any district
court and provides eligibility requirements for participation in the program.
Proposed law repeals the provisions of the present law eligibility requirements which
provide that the defendant cannot have been convicted of aggravated burglary or simple
burglary of an inhabited dwelling or cannot be charged with multiple counts of distribution,
possession with intent to distribute, production, manufacture, or cultivation of controlled
dangerous substances.
(Adds C.Cr.P. Arts. 903-903.3 and R.S. 15:574.61 and 574.62; Repeals R.S. 13:5304(B)
(10)(d) and (f))