Martiny (SB 114) Act No. 226
Prior law authorized any parish coroner or judge of a court of competent jurisdiction to order
a person to be taken into protective custody and transported to a treatment facility or to the
office of the coroner for immediate examination when a peace officer or other credible
person executes a statement under private signature specifying that, to the best of his
knowledge and belief and personal observations, the person is mentally ill or suffering from
substance abuse and is in need of immediate treatment to protect the person or others from
physical harm.
New law retains these provisions in prior law and further authorizes a statement to be made
by video conferencing in Jefferson Parish between an affiant who is present at a law
enforcement agency physically located in Kenner, Jean Lafitte, or Grand Isle and the
Jefferson Parish coroner's office. Provides that if the affiant is credible, then requires
qualified staff of the coroner's office to complete the order for protective custody form and
fax it to the law enforcement agency. Requires that if the statement meets with affiant's
approval, then requires that the affiant sign the statement and that the signature be witnessed
on video and by a peace officer and immediately faxed to the coroner's office for his
signature and the original signed form sent to the coroner's office.
Prior law provided that a petition to obtain an order authorizing involuntary outpatient
treatment may be initiated by certain persons. New law provides that the petition may also
be initiated by any interested person through counsel with written concurrence of the coroner
in the jurisdiction in which the person is found.
Prior law required the court to assign a time and place for a hearing to determine whether to
authorize involuntary outpatient treatment, which may be conducted before any judge in the
judicial district, within five days, and that reasonable notice and a copy of the petition to be
served upon the respondent, respondent's attorney, the petitioner and the director of the
human service district or the regional manager of the Department of Health and Hospitals,
office of behavioral health, in the parish where the petition has been filed. Required that the
notice inform respondent of his right to be present, right to counsel, which may be appointed
if he is indigent, right to counsel appointed by the Mental Health Advocacy Service, and a
right to cross examine witnesses.
New law adds provisions that if the respondent is interdicted, notice of the hearing and a
copy of the petition shall be served upon the curator for the interdict and the attorney who
represented the interdict in the interdict proceedings.
Effective August 1, 2013.
(Amends R.S. 28:69(A); adds R.S. 28:53.3 and 67(4))