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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 amend and reenact R.S. 13:5304(B)(1)(a) and to enact Subpart 7 of Part II of Chapter 52
of Title 15 of the Louisiana Revised Statutes of 1950, to be comprised of R.S.3
15:574.61 and 574.62, to enact Code of Criminal Procedure Articles 903 through4
903.3, and to repeal R.S. 13:5304(B)(10)(d) and (f), relative to sentencing of certain5
offenders convicted of certain violations of the Uniform Controlled Dangerous6
Substances Law; to authorize the development of a substance abuse probation7
program within the Department of Public Safety and Corrections; to authorize the8
Department of Public Safety and Corrections to enter into cooperative endeavors or9
contracts to provide for substance abuse treatment programs; to provide for10
eligibility for participation in the program; to provide for a court-ordered substance11
abuse evaluation to determine suitability for participation in the program; to provide12
for the suspension of certain criminal sentences and court- ordered participation in13
the program; to provide for rulemaking; to provide for the payment of certain costs14
by the defendant; to provide for alternative methods of payment of indigent15
defendants; to enact the Substance Abuse Conditional Release Act; to provide for16
substance abuse conditional release; to provide for parole supervision following17
completion of the substance abuse conditional release program; to provide for the18
duration of the substance abuse treatment program within the Department of Public19 HLS 13RS-457 REENGROSSED
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Safety and Corrections; to provide for eligibility for substance abuse conditional1
release; to provide for an addiction disorder assessment and a mental health2
screening to determine suitability for the program; to provide for criteria for removal3
from participation in the program; to provide for the consequences of failure to4
complete the substance abuse probation program or the substance abuse conditional5
release program; to modify disqualification criteria for the drug division probation6
program; to provide with respect to eligibility criteria for participation in the drug7
division probation program; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. Code of Criminal Procedure Articles 903 through 903.3 are hereby10
enacted to read as follows: 11
Art. 903. Substance abuse probation program; authorization12
A. The secretary of the Department of Public Safety and Corrections is13
authorized to establish a substance abuse probation program within the department.14
B. The program shall provide substance abuse counseling and treatment for15
defendants sentenced to substance abuse probation pursuant to the provisions of16
Article 903.2 of this Code.17
C. The department may enter into cooperative endeavors or contracts with18
the Department of Health and Hospitals, training facilities, and service providers to19
provide for substance abuse treatment and counseling for defendants participating20
in the program.21
D. The department shall adopt rules and guidelines as it deems necessary for22
the administration and implementation of this program.23
E. The provisions of this Article shall be implemented only to the extent that24
funds are available within the department for this purpose and to the extent that is25
consistent with available resources and appropriate classification criteria.26 HLS 13RS-457 REENGROSSED
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Article 903.1. Substance abuse probation program; eligibility1
A. In order to be eligible for the substance abuse probation program, the2
defendant shall not be excluded from participation pursuant to the provisions of3
Paragraph B of this Article and shall be charged with any of the following offenses:4
(1) Felony possession of a controlled dangerous substance as defined in R.S.5
40:966(C), 967(C), 968(C) or 969(C).6
(2) Except as provided in Subparagraph (3) of this Paragraph, possession7
with intent to distribute a controlled dangerous substance as defined in R.S.8
40:966(A), 967(A), 968(A), or 969(A) where the offense involves less than twenty-9
eight grams of the controlled dangerous substance.10
(3) Possession with intent to distribute marijuana or synthetic cannabinoids11
as defined in R.S. 40:966(A) where the offense involves less than one pound of12
marijuana or synthetic cannabinoids.13
B. The provisions of this Article shall not apply to any defendant who has14
been convicted of a crime of violence as defined in R.S. 14:2(B) or a sex offense as15
defined in R.S. 15:541, or any defendant who has participated in or declined to16
participate in a drug division probation program as provided for in R.S. 13:5301 et17
seq.18
Art. 903.2. Substance abuse probation; sentencing19
A. Notwithstanding any other provision of law to the contrary, a court shall20
suspend a sentence and order an eligible defendant to participate in a substance abuse21
probation program provided by the department pursuant to Article 903 of this Code22
if the district attorney agrees that the defendant should be sentenced to a substance23
abuse probation and the court finds all of the following:24
(1) The court has reason to believe that the defendant suffers from an25
addiction to a controlled dangerous substance.26
(2) The defendant is likely to respond to the substance abuse probation27
program.28 HLS 13RS-457 REENGROSSED
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(3) The available substance abuse probation program is appropriate to meet1
the needs of the defendant.2
(4) The defendant does not pose a threat to the community, and it is in the3
best interest of justice to provide the defendant with treatment as opposed to4
incarceration or other sanctions.5
B.(1) The court shall order the department to assign an authorized evaluator6
to prepare a suitability report. The suitability report shall delineate the nature and7
degree of the treatment necessary to address the defendant's drug or alcohol8
dependency or addiction, the reasonable availability of such treatment, and the9
defendant's appropriateness for the program. The district attorney and the10
defendant's attorney shall have an opportunity to provide relevant information to the11
evaluator to be included in the report.12
(2) The authorized evaluator shall examine the defendant, using standardized13
testing and evaluation procedures, and shall provide to the court and the district14
attorney the results of the examination and evaluation along with its recommendation15
as to whether the defendant is a suitable candidate for the substance abuse probation16
program.17
(3) If the court determines that the defendant should be enrolled in the18
substance abuse probation program, the court shall suspend the execution of the19
sentence and place the defendant on supervised probation under the terms and20
conditions of the substance abuse probation program.21
(4) The defendant shall be required to participate in alcohol and drug testing22
at his own expense, unless the court determines that he is indigent. If the court23
determines that the defendant is indigent, it may order the defendant to perform24
supervised work for the benefit of the community in lieu of paying all or a part of the25
costs related to the drug and alcohol testing. The work shall be performed for and26
under the supervising authority of a parish, municipality, or other political27
subdivision or agency of the state or a charitable organization that renders service to28
the community or its residents.29 HLS 13RS-457 REENGROSSED
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C. If the judge fails to make all of the determinations provided for in1
Paragraph A of this Article, or if the district attorney does not agree that the2
defendant should be sentenced to substance abuse probation, the court shall impose3
the appropriate sentence provided by law.4
D.(1) If the defendant violates any condition of his probation or if the5
defendant would benefit from an adjustment to the probation or treatment program,6
the defendant, the treatment supervisor, the probation officer, the district attorney,7
or the court, on its own motion, may file a motion to modify the terms and conditions8
of the probation or file a motion to revoke the defendant's probation. After a9
contradictory hearing on the motion, the court may do either of the following:10
(a) Modify the conditions of probation, including ordering the defendant to11
participate in a drug division probation program pursuant to R.S. 13:5301 et seq.12
(b) Revoke the defendant's probation and execute the sentence.13
(2) A defendant placed on probation pursuant to the provisions of this Article14
shall be subject to the administrative sanctions provided for in Article 899.1 of this15
Code.16
(3) If the defendant's probation is revoked, the defendant shall be required17
to serve the suspended sentence and shall receive credit for time served in any18
correctional facility for commission of the crime as otherwise allowable by law.19
E. The provisions of Article 893(A) and (E)(1)(b) of this Code which20
prohibit the court from suspending or deferring the imposition of sentences for21
violations of the Uniform Controlled Dangerous Substances Law or for violations22
of R.S. 40:966(A), 967(A), 968(A), 969(A), or 970(A) shall not apply to defendants23
who otherwise meet the eligibility criteria for substance abuse probation programs24
as authorized by this Article.25
F. The provisions of this Article shall not be construed to limit the authority26
of the court to defer a sentence for a violation of the Uniform Controlled Dangerous27
Substances Law as otherwise provided by law.28 HLS 13RS-457 REENGROSSED
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Art. 903.3. Substance abuse treatment program; cost1
A. A defendant who is placed under the supervision of the substance abuse2
probation program shall pay the cost of the treatment program to which he is3
assigned and the cost of any additional supervision that may be required to the extent4
of his financial resources as determined by the substance abuse treatment program.5
B. If the defendant does not have the financial resources to pay all the related6
costs of the probation program, the court may do either of the following:7
(1) To the extent practicable, arrange for the defendant to be assigned to a8
treatment program funded by the state or federal government.9
(2) With the recommendation of the treatment program, order the defendant10
to perform supervised work for the benefit of the community in lieu of paying all or11
a part of the costs related to his treatment and supervision. The work shall be12
performed for and under the supervising authority of a parish, municipality, or other13
political subdivision or agency of the state or a charitable organization that renders14
service to the community or its residents.15
Section 2. Subpart 7 of Part II of Chapter 5 of Title 15 of the Louisiana Revised16
Statutes of 1950, comprised of R.S. 15:574.61 and 574.62, is hereby enacted to read as17
follows:18
(7) SUBSTANCE ABUSE CONDITIONAL RELEASE19
§574.61. Short title20
This Subpart may be referred to and may be cited as the "Substance Abuse21
Conditional Release Act".22
§574.62. Substance abuse conditional release23
A. The secretary of the Department of Public Safety and Corrections is24
hereby authorized to release an offender sentenced to the custody of the department25
to intense parole supervision as provided in R.S. 15:574.4.4, if the offender meets26
certain requirements provided for in this Section and meets the requirements of any27
rules or regulations adopted by the secretary in accordance with the provisions of this28
Section.29 HLS 13RS-457 REENGROSSED
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B. An offender shall be eligible for conditional release pursuant to the1
provisions of this Section if all of the following conditions are met:2
(1) The offender is willing to participate in the program.3
(2) The offender has been convicted and is serving a sentence for a first or4
second offense possession or possession with the intent to distribute a controlled5
dangerous substance as defined by Part X of Chapter 4 of Title 40 of the Louisiana6
Revised Statutes of 1950.7
(3) The offender has no convictions for a crime of violence as defined by8
R.S. 14:2 or a sex offense as defined by R.S. 15:541.9
(4) The offender has not previously been released pursuant to the provisions10
of this Section.11
(5) The offender has served at least two years in actual physical custody and12
is within one year of his projected release date.13
C.(1) If the offender meets the criteria set forth in Subsection B of this14
Section, the offender shall be required to undergo an addiction disorder assessment15
and a mental health screening which shall be reviewed by the secretary of the16
department and considered by the secretary in determining the offender's suitability17
to participate in the treatment program. In determining suitability the secretary shall18
consider all of the following:19
(a) Whether the offender's release may pose a danger to the general public20
or to an individual. In making this determination, the secretary shall consider all of21
the following:22
(i) The offender's involvement in any gang activity during the offender's23
term of imprisonment.24
(ii) The offender's custody classification as defined by the department.25
(iii) The risk of violence associated with the offender's release.26
(iv) The availability of sufficient supervision resources as determined by the27
secretary.28 HLS 13RS-457 REENGROSSED
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(b) Whether the offender has a suitable release plan. In evaluating the1
release plan, the secretary shall consider all of the following:2
(i) Plans for aftercare.3
(ii) Availability of community-based chemical dependency treatment.4
(iii) Opportunities for gainful employment.5
(iv) An approved residence plan.6
(2) If the offender meets the criteria set forth in Subsection B of this Section7
and the secretary determines that the offender is suitable to participate in the8
program, the offender shall be required to participate in an addiction disorder9
treatment program within a facility approved by the department that meets the10
standards adopted by the secretary or such other program as indicated by the11
department's risk and needs assessment tool. The program shall last for not less than12
sixty days nor more than one hundred twenty days.13
D. The secretary may remove any offender from the program for any of the14
following:15
(1) The offender committed a violation of the rules of the program.16
(2) The offender committed a criminal offense or violated the department17
disciplinary rules while in the program.18
(3) The offender presents a risk to himself or others.19
E. If the offender fails to successfully complete the program or is removed20
from the program pursuant to Subsection D of this Section, he shall be required to21
serve the remainder of his sentence as originally imposed. The offender shall not22
lose any good time earned during his participation in the program.23
F. If the offender successfully completes the program, the secretary may24
release the offender to intense parole supervision as provided in R.S. 15:574.4.4 and25
subject the offender to certain additional conditions imposed by the secretary26
pursuant to the provisions of this Section.27
G. Prior to the offender's release pursuant to the provisions of this Section,28
the offender shall sign a written agreement to comply with all requirements of R.S.29 HLS 13RS-457 REENGROSSED
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15:574.4.4, the requirements of this Section, and any other conditions imposed by1
the secretary pursuant to the provisions of this Section.2
H.(1) As a condition of the offender's release pursuant to the provisions of3
this Section, the secretary shall require the offender to submit to random drug and4
alcohol testing and electronic monitoring as determined to be necessary by the5
secretary.6
(2) If determined by the secretary to be necessary, the secretary may require7
the offender to participate in further substance abuse treatment while on release8
pursuant to the provisions of this Section. The offender shall be required to bear the9
cost of such treatment.10
(3) The secretary may impose any other conditions deemed necessary to11
accomplish the goals of this Section.12
I. When an offender is released pursuant to the provisions of this Section, he13
shall be released as if released on parole and shall be subject to the provisions14
relative to parole including R.S. 15:574.4.4 et seq.15
J. The secretary of the department is hereby authorized to establish rules and16
regulations to provide for the administration of this Section.17
Section 3. R.S. 13:5304(B)(1)(a) is hereby amended and reenacted to read as follows:18
§5304. The drug division probation program19
* * *20
B. Participation in probation programs shall be subject to the following21
provisions:22
(1) The district attorney may propose to the court that an individual23
defendant be screened for eligibility as a participant in the drug division probation24
program if all of the following criteria are satisfied:25
(a) The individual is charged with a violation of a statute of this state relating26
to the use and possession of, or possession with intent to distribute any narcotic27
drugs, coca leaves, marijuana, stimulants, depressants, or hallucinogenic drugs, or28 HLS 13RS-457 REENGROSSED
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where there is a significant relationship between the use of alcohol or drugs, or both,1
and the crime before the court.2
* * *3
Section 4. The provisions of Section 1 of this Act shall become null, void, and have4
no effect on August 1, 2016, and thereafter.5
Section 5. R.S. 13:5304(B)(10)(d) and (f) are hereby repealed in their entirety.6
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 district
attorney agrees that the defendant should be sentenced to a substance abuse probation
program and the court finds all of the following:
(1)The court has reason to believe that the defendant suffers from an addiction to a
controlled dangerous substance.
(2)The defendant is likely to respond to the substance abuse probation program. HLS 13RS-457 REENGROSSED
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(3)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 that if the court fails to make all the determinations required by
proposed law or if the district attorney does not agree that the defendant should be sentenced
to substance abuse probation, the court shall impose the appropriate sentence provided for
by present law.
Proposed law provides that these provisions of proposed law shall become null, void, and
have no effect on August 1, 2016, and thereafter.
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. HLS 13RS-457 REENGROSSED
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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.
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.
Proposed law adds that possession with intent to distribute a CDS is an offense which may
be considered for drug division probation programs.
(Amends R.S. 13:5304(B)(1)(a); 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))
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Added that a charge of possession with intent to distribute a CDS is an eligible
offense for drug court consideration.
2. Added language requiring the consent of the district attorney for sentencing an
offender to substance abuse probation.
3. Provided that the proposed provisions regarding the substance abuse probation
shall become null, void, and have no effect on August 1, 2016, and thereafter.