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ACT No. 389
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.
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
Safety and Corrections; to provide for eligibility for substance abuse conditional20
release; to provide for an addiction disorder assessment and a mental health21
screening to determine suitability for the program; to provide for criteria for removal22 ENROLLEDHB NO. 442
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from participation in the program; to provide for the consequences of failure to1
complete the substance abuse probation program or the substance abuse conditional2
release program; to modify disqualification criteria for the drug division probation3
program; to provide with respect to eligibility criteria for participation in the drug4
division probation program; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Code of Criminal Procedure Articles 903 through 903.3 are hereby7
enacted to read as follows: 8
Art. 903. Substance abuse probation program; authorization9
A. The secretary of the Department of Public Safety and Corrections is10
authorized to establish a substance abuse probation program within the department.11
B. The program shall provide substance abuse counseling and treatment for12
defendants sentenced to substance abuse probation pursuant to the provisions of13
Article 903.2 of this Code.14
C. The department may enter into cooperative endeavors or contracts with15
the Department of Health and Hospitals, training facilities, and service providers to16
provide for substance abuse treatment and counseling for defendants participating17
in the program.18
D. The department shall adopt rules and guidelines as it deems necessary for19
the administration and implementation of this program.20
E. The provisions of this Article shall be implemented only to the extent that21
funds are available within the department for this purpose and to the extent that is22
consistent with available resources and appropriate classification criteria.23
Article 903.1. Substance abuse probation program; eligibility24
A. In order to be eligible for the substance abuse probation program, the25
defendant shall not be excluded from participation pursuant to the provisions of26
Paragraph B of this Article and shall be charged with any of the following offenses:27
(1) Felony possession of a controlled dangerous substance as defined in R.S.28
40:966(C), 967(C), 968(C), or 969(C).29 ENROLLEDHB NO. 442
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(2) Except as provided in Subparagraph (3) of this Paragraph, possession1
with intent to distribute a controlled dangerous substance as defined in R.S.2
40:966(A), 967(A), 968(A), or 969(A) where the offense involves less than twenty-3
eight grams of the controlled dangerous substance.4
(3) Possession with intent to distribute marijuana or synthetic cannabinoids5
as defined in R.S. 40:966(A) where the offense involves less than one pound of6
marijuana or synthetic cannabinoids.7
B. The provisions of this Article shall not apply to any defendant who has8
been convicted of a crime of violence as defined in R.S. 14:2(B) or a sex offense as9
defined in R.S. 15:541, or any defendant who has participated in or declined to10
participate in a drug division probation program as provided for in R.S. 13:5301 et11
seq.12
Art. 903.2. Substance abuse probation; sentencing13
A. Notwithstanding any other provision of law to the contrary, a court shall14
suspend a sentence and order an eligible defendant to participate in a substance abuse15
probation program provided by the department pursuant to Article 903 of this Code16
if the district attorney agrees that the defendant should be sentenced to a substance17
abuse probation and the court finds all of the following:18
(1) The court has reason to believe that the defendant suffers from an19
addiction to a controlled dangerous substance.20
(2) The defendant is likely to respond to the substance abuse probation21
program.22
(3) The available substance abuse probation program is appropriate to meet23
the needs of the defendant.24
(4) The defendant does not pose a threat to the community, and it is in the25
best interest of justice to provide the defendant with treatment as opposed to26
incarceration or other sanctions.27
B.(1) The court shall order the department to assign an authorized evaluator28
to prepare a suitability report. The suitability report shall delineate the nature and29
degree of the treatment necessary to address the defendant's drug or alcohol30 ENROLLEDHB NO. 442
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dependency or addiction, the reasonable availability of such treatment, and the1
defendant's appropriateness for the program. The district attorney and the2
defendant's attorney shall have an opportunity to provide relevant information to the3
evaluator to be included in the report.4
(2) The authorized evaluator shall examine the defendant, using standardized5
testing and evaluation procedures, and shall provide to the court and the district6
attorney the results of the examination and evaluation along with its recommendation7
as to whether the defendant is a suitable candidate for the substance abuse probation8
program.9
(3) If the court determines that the defendant should be enrolled in the10
substance abuse probation program, the court shall suspend the execution of the11
sentence and place the defendant on supervised probation under the terms and12
conditions of the substance abuse probation program.13
(4) The defendant shall be required to participate in alcohol and drug testing14
at his own expense, unless the court determines that he is indigent. If the court15
determines that the defendant is indigent, it may order the defendant to perform16
supervised work for the benefit of the community in lieu of paying all or a part of the17
costs related to the drug and alcohol testing. The work shall be performed for and18
under the supervising authority of a parish, municipality, or other political19
subdivision or agency of the state or a charitable organization that renders service to20
the community or its residents.21
C. If the judge fails to make all of the determinations provided for in22
Paragraph A of this Article, or if the district attorney does not agree that the23
defendant should be sentenced to substance abuse probation, the court shall impose24
the appropriate sentence provided by law.25
D.(1) If the defendant violates any condition of his probation or if the26
defendant would benefit from an adjustment to the probation or treatment program,27
the defendant, the treatment supervisor, the probation officer, the district attorney,28
or the court, on its own motion, may file a motion to modify the terms and conditions29 ENROLLEDHB NO. 442
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of the probation or file a motion to revoke the defendant's probation. After a1
contradictory hearing on the motion, the court may do either of the following:2
(a) Modify the conditions of probation, including ordering the defendant to3
participate in a drug division probation program pursuant to R.S. 13:5301 et seq.4
(b) Revoke the defendant's probation and execute the sentence.5
(2) A defendant placed on probation pursuant to the provisions of this Article6
shall be subject to the administrative sanctions provided for in Article 899.1 of this7
Code.8
(3) If the defendant's probation is revoked, the defendant shall be required9
to serve the suspended sentence and shall receive credit for time served in any10
correctional facility for commission of the crime as otherwise allowable by law.11
E. The provisions of Article 893(A) and (E)(1)(b) of this Code which12
prohibit the court from suspending or deferring the imposition of sentences for13
violations of the Uniform Controlled Dangerous Substances Law or for violations14
of R.S. 40:966(A), 967(A), 968(A), 969(A), or 970(A) shall not apply to defendants15
who otherwise meet the eligibility criteria for substance abuse probation programs16
as authorized by this Article.17
F. The provisions of this Article shall not be construed to limit the authority18
of the court to defer a sentence for a violation of the Uniform Controlled Dangerous19
Substances Law as otherwise provided by law.20
Art. 903.3. Substance abuse treatment program; cost21
A. A defendant who is placed under the supervision of the substance abuse22
probation program shall pay the cost of the treatment program to which he is23
assigned and the cost of any additional supervision that may be required to the extent24
of his financial resources as determined by the substance abuse treatment program.25
B. If the defendant does not have the financial resources to pay all the related26
costs of the probation program, the court may do either of the following:27
(1) To the extent practicable, arrange for the defendant to be assigned to a28
treatment program funded by the state or federal government.29 ENROLLEDHB NO. 442
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(2) With the recommendation of the treatment program, order the defendant1
to perform supervised work for the benefit of the community in lieu of paying all or2
a part of the costs related to his treatment and supervision. The work shall be3
performed for and under the supervising authority of a parish, municipality, or other4
political subdivision or agency of the state or a charitable organization that renders5
service to the community or its residents.6
Section 2. Subpart 7 of Part II of Chapter 5 of Title 15 of the Louisiana Revised7
Statutes of 1950, comprised of R.S. 15:574.61 and 574.62, is hereby enacted to read as8
follows:9
(7) SUBSTANCE ABUSE CONDITIONAL RELEASE10
§574.61. Short title11
This Subpart may be referred to and may be cited as the "Substance Abuse12
Conditional Release Act".13
§574.62. Substance abuse conditional release14
A. The secretary of the Department of Public Safety and Corrections is15
hereby authorized to release an offender sentenced to the custody of the department16
to intense parole supervision as provided in R.S. 15:574.4.4, if the offender meets17
certain requirements provided for in this Section and meets the requirements of any18
rules or regulations adopted by the secretary in accordance with the provisions of this19
Section.20
B. An offender shall be eligible for conditional release pursuant to the21
provisions of this Section if all of the following conditions are met:22
(1) The offender is willing to participate in the program.23
(2) The offender has been convicted and is serving a sentence for a first or24
second offense possession or possession with the intent to distribute a controlled25
dangerous substance as defined by Part X of Chapter 4 of Title 40 of the Louisiana26
Revised Statutes of 1950.27
(3) The offender has no convictions for a crime of violence as defined by28
R.S. 14:2 or a sex offense as defined by R.S. 15:541.29 ENROLLEDHB NO. 442
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(4) The offender has not previously been released pursuant to the provisions1
of this Section.2
(5) The offender has served at least two years in actual physical custody and3
is within one year of his projected release date.4
C.(1) If the offender meets the criteria set forth in Subsection B of this5
Section, the offender shall be required to undergo an addiction disorder assessment6
and a mental health screening which shall be reviewed by the secretary of the7
department and considered by the secretary in determining the offender's suitability8
to participate in the treatment program. In determining suitability the secretary shall9
consider all of the following:10
(a) Whether the offender's release may pose a danger to the general public11
or to an individual. In making this determination, the secretary shall consider all of12
the following:13
(i) The offender's involvement in any gang activity during the offender's14
term of imprisonment.15
(ii) The offender's custody classification as defined by the department.16
(iii) The risk of violence associated with the offender's release.17
(iv) The availability of sufficient supervision resources as determined by the18
secretary.19
(b) Whether the offender has a suitable release plan. In evaluating the20
release plan, the secretary shall consider all of the following:21
(i) Plans for aftercare.22
(ii) Availability of community-based chemical dependency treatment.23
(iii) Opportunities for gainful employment.24
(iv) An approved residence plan.25
(2) If the offender meets the criteria set forth in Subsection B of this Section26
and the secretary determines that the offender is suitable to participate in the27
program, the offender shall be required to participate in an addiction disorder28
treatment program within a facility approved by the department that meets the29
standards adopted by the secretary or such other program as indicated by the30 ENROLLEDHB NO. 442
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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
(3) The secretary may impose any other conditions deemed necessary to29
accomplish the goals of this Section.30 ENROLLEDHB NO. 442
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I. When an offender is released pursuant to the provisions of this Section, he1
shall be released as if released on parole and shall be subject to the provisions2
relative to parole including R.S. 15:574.4.4 et seq.3
J. The secretary of the department is hereby authorized to establish rules and4
regulations to provide for the administration of this Section.5
Section 3. R.S. 13:5304(B)(1)(a) is hereby amended and reenacted to read as6
follows:7
§5304. The drug division probation program8
* * *9
B. Participation in probation programs shall be subject to the following10
provisions:11
(1) The district attorney may propose to the court that an individual12
defendant be screened for eligibility as a participant in the drug division probation13
program if all of the following criteria are satisfied:14
(a) The individual is charged with a violation of a statute of this state relating15
to the use and possession of or possession with intent to distribute any narcotic16
drugs, coca leaves, marijuana, stimulants, depressants, or hallucinogenic drugs, or17
where there is a significant relationship between the use of alcohol or drugs, or both,18
and the crime before the court.19
* * *20
Section 4. The provisions of Section 1 of this Act shall become null, void, and have21
no effect on August 1, 2016, and thereafter.22
Section 5. R.S. 13:5304(B)(10)(d) and (f) are hereby repealed in their entirety.23
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: