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Regular Session, 2013
SENATE BILL NO. 71
BY SENATOR BROOME
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MENTAL HEALTH. Authorizes and provides for mental health courts. (8/1/13)
AN ACT1
To enact Chapter 33-A of Title 13 of the Louisiana Revised Statutes of 1950, to be2
comprised of R.S. 13:5351 through 5358, relative to mental health court treatment;3
to provide for a short title; to provide findings; to provide definitions; to provide4
authority for a mental health court treatment program; to provide for eligibility and5
procedure; to provide for collaboration with established substance abuse treatment6
programs; to provide for violation, sanctions, dismissal, and discharge of criminal7
charges; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. Chapter 33-A of Title 13 of the Louisiana Revised Statutes of 1950,10
comprised of R.S. 13:5351 through 5358, is hereby enacted to read as follows:11
CHAPTER 33-A. MENTAL HEALTH COURT12
TREATMENT PROGRAMS13
§5351. Short title14
This chapter shall be known and may be cited as the "Mental Health15
Court Treatment Act".16
§5352. Legislative findings17 SB NO. 71
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A. The Legislature of Louisiana recognizes that a significant percentage1
of criminal defendants have a diagnosable mental illness.2
B. The legislature further recognizes that such mental illnesses tend to3
have a negative effect on the criminal justice system in the state of Louisiana.4
C. The legislature further recognizes that mental illness and substance5
abuse issues co-occur in a substantial percentage of criminal defendants.6
D. The legislature further recognizes the critical need for a program7
within the criminal justice system designed to reduce the number of defendants8
with either mental illness issues or co-occurring mental illness and substance9
abuse issues.10
E. Such programs would also seek to address recidivism percentages11
among criminal defendants dealing with both mental illness and co-occurring12
mental illness and substance abuse issues thus reducing the incidence of crimes13
committed as a result of mental illness and co-occurring mental illness and14
substance abuse issues.15
F. It is therefore the intent of the Legislature of Louisiana to provide for16
the creation of specialized mental health courts with the necessary flexibility to17
address the issues of criminal defendants with either mental illness or co-18
occurring mental illness and substance abuse difficulties.19
§5353. Definitions20
For the purposes of this Chapter, the following terms shall have the21
following meanings, unless the context clearly indicates otherwise:22
(1) "Mental health court" or "mental health court program" means a23
structured judicial intervention process for mental health treatment of eligible24
criminal defendants that includes mental health court professionals, local social25
programs, and intensive judicial monitoring in support of such defendants.26
(2) "Mental health court professional" means a member of the mental27
health court team, including but not limited to a judge, prosecutor, defense28
attorney, probation officer, coordinator, treatment provider, or behavioral29 SB NO. 71
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health advocate.1
(3) "Pre-adjudicatory mental health court program" means a program2
that allows a criminal defendant, with the consent of the prosecution, to3
expedite the defendant's criminal case before conviction or before the filing of4
criminal charges which requires successful completion of the mental health5
court program as a part of a pretrial agreement.6
(4) "Post-adjudicatory mental health court program" means a program7
in which the defendant has admitted guilt or has been found guilty in a trial,8
and the defendant then agrees, with consent of the prosecution, to enter a9
mental health court program as part of the defendant's criminal sentence.10
(5) "Combination mental health court program" means a program that11
includes both pre-adjudicatory and post-adjudicatory components.12
(6) "Co-occurring mental health and substance abuse court program"13
means a program that, through the participation of professionals with training14
and experience in treating persons with mental illness issues and co-occurring15
mental illness and substance abuse issues, addresses the needs of criminal16
defendants with either mental illness or co-occurring mental health and17
substance abuse issues.18
§5354. Authorization19
The chief judge of each judicial district within the state of Louisiana may20
establish a mental health court treatment program in accordance with the21
provisions of this Chapter. The judicial district is authorized to provide22
funding for any expenses related to the administration and operation of such a23
mental health court treatment program.24
§5355. Eligibility and exclusion25
A. A criminal defendant may be admitted to a mental health court26
program once all of the following criteria are met:27
(1) A diagnosis by a qualified mental health professional of mental28
illness or co-occurring mental illness and substance abuse.29 SB NO. 71
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(2) Agreement of the prosecutor and the court assigned to the criminal1
defendant's case.2
(3) Agreement of the defendant.3
B. A criminal defendant may be excluded from a mental health court4
program if any of the following occurs:5
(1) The defendant fails to demonstrate a willingness to participate in a6
recommended mental health court program.7
(2) The criminal defendant has, within the past ten years not including8
incarceration time, been convicted of any one of the following enumerated9
crimes:10
(a) First or second degree murder.11
(b) Aggravated or criminal sexual assault, including sexual assault of a12
child.13
(c) Armed robbery.14
(d) Arson.15
(e) Stalking.16
(f) Any crimes of violence involving the discharge of a firearm.17
§5356. Procedure; screening and assessment18
A.(1) The court shall require an eligibility screening and an assessment19
of the defendant.20
(2) If a valid assessment related to the present charge pending against21
the defendant has been completed within the past sixty days, the eligibility and22
assessment need not be ordered.23
B. The judge shall inform the defendant that if the defendant fails to24
meet the requirements of the mental health court treatment program, eligibility25
to participate in the program may be revoked. Such revocation would result in26
the defendant being sentenced or the prosecution proceeding to trial on the27
existing criminal charges.28
C. The defendant shall execute a written document which shall contain29 SB NO. 71
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all of the following criteria:1
(1) An agreement to participate in the mental health court treatment2
program.3
(2) An agreement to all terms and conditions of the program, including4
but not limited to the possibility of sanctions or incarceration for failing to abide5
by or comply with the terms of the program.6
D.(1) The court may order a defendant enrolled in a program authorized7
by this Chapter to complete mental health or substance abuse treatment in an8
outpatient, inpatient, residential, or jail-based custodial treatment program.9
(2) Any period of time a defendant shall serve in a jail-based treatment10
program may not be reduced by the accumulation of good time or other credits.11
E. The mental health court program may include a regimen of graduated12
requirements and rewards and sanctions, including but not limited to the13
following:14
(1) Fines.15
(2) Fees.16
(3) Costs.17
(4) Restitution.18
(5) Incarceration of not more than one hundred eighty days.19
(6) Individual and group therapy.20
(7) Medication.21
(8) Supervision of progress.22
(9) Educational or vocational counseling, as appropriate.23
(10) Any other reasonable requirements necessary to complete the24
mental health court program.25
§5357. Mental health and substance abuse treatment26
A. The mental health court program may maintain or collaborate with27
a network of mental health treatment programs and, if the defendant has co-28
occurring mental illness and substance abuse issues, a network of treatment29 SB NO. 71
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programs dealing with co-occurring mental illness and substance abuse1
treatment programs, representing a continuum of treatment options2
commensurate with the needs of defendants and in accordance with available3
resources. The mental health court program may designate a court liaison to4
monitor the progress of defendants in their assigned treatment programs on5
behalf of the court.6
B. Any mental illness or substance abuse treatment to which defendants7
are referred shall be licensed by the state and shall be in compliance with all8
rules governing such programs operating within the state of Louisiana.9
C. The mental health court program may, at its discretion, employ10
additional services or interventions, as it deems necessary on a case by case11
basis.12
§5358. Violation; sanctions; dismissal; discharge of criminal charges13
A. Violations by the defendant. (1) If a court finds, from the evidence14
presented, including but not limited to the reports or proffers of proof from the15
mental health court professionals that any of the conditions set forth in16
Paragraph (2) of this Subsection are met, sanctions may be imposed.17
(2)(a) The defendant is not performing satisfactorily in the assigned18
program.19
(b) The defendant is not benefitting from education, treatment, or20
rehabilitation.21
(c) The defendant has engaged in criminal conduct rendering the22
defendant unsuitable for continuing participation in the program.23
(d) The defendant has otherwise violated the terms and conditions of the24
program or of the defendant's sentence.25
(e) The defendant is for any reason unable to continue participation in26
the program.27
B. Sanctions. (1) The court may impose reasonable sanctions under28
prior written agreement of the defendant, including but not limited to29 SB NO. 71
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imprisonment or dismissal of the defendant from participation in the program.1
(2) The court may reinstate criminal proceedings against the defendant.2
C. Dismissal from the program. (1) No defendant may be dismissed3
from the program unless the defendant is informed in writing of all of the4
following:5
(a) The specific reason or reasons for dismissal from the program.6
(b) The evidentiary basis supporting the reason or reasons for dismissal7
from the program.8
(2) Following a hearing on the matter and based upon the evidence9
presented at such a hearing, the court shall determine whether the defendant10
has violated the conditions of the program such that dismissal from11
participation in the program is in the best interest of the defendant and the12
public.13
D. Discharge from criminal charges.14
Upon successful completion of the terms and conditions of the program,15
the court may do any of the following:16
(1) The court may dismiss the original criminal charges against the17
defendant.18
(2) The court may successfully terminate the original sentence of the19
defendant.20
(3) The court may otherwise discharge the defendant from the program21
or from any further proceedings against the defendant as may be pending in the22
original criminal matter.23
The original instrument was prepared by Mary Dozier O'Brien. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Nancy Vicknair.
DIGEST
Broome (SB 71)
Proposed law authorizes mental health court treatment programs in Louisiana. Provides
findings relative to the impact of mental illness and substance abuse issues on the criminal
justice system. SB NO. 71
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Proposed law provides definitions for terms related to mental health court treatment
programs, including mental health court program, mental health court professional, both pre-
and post-adjudicatory mental health court programs, combination programs, and co-
occurring mental illness and substance abuse issues.
Proposed law provides relative to authorization for creation and funding of mental health
court treatment programs. Further provides for eligibility for mental health court programs.
Proposed law provides criteria for exclusion from mental health court programs, including
enumerated crimes which require such exclusion:
(1)First or second degree murder.
(2)Aggravated or criminal sexual assault (including sexual assault of a child).
(3)Armed robbery.
(4)Arson.
(5)Stalking.
(6)Any crime of violence involving discharge of a firearm.
Proposed law provides procedures to be utilized in operating a mental health court treatment
program, including a regimen of graduated requirements, rewards, and sanctions.
Proposed law provides for mental health court treatment programs to maintain or collaborate
with a network of programs which deal with mental illness and co-occurring mental illness
and substance abuse issues. Further provides that the mental health court program may
designate a court liaison to monitor the progress of defendants in their assigned treatment
programs on behalf of the court.
Effective August 1, 2013.
(Adds R.S. 13:5351-5358)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
engrossed bill
1. Authorizes judicial districts to provide funding for any expenses related to
the administration and operation of such a mental health court treatment
program.
2. Removes the 120-day maximum time limit on the court-ordered treatment
program.
3. Provides that the mental health court program may designate a court liaison
to monitor the progress of defendants in their assigned treatment programs
on behalf of the court.
Senate Floor Amendments to engrossed bill
1. Make technical changes. SB NO. 71
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2. Remove the requirement that a mental health professional be "licensed" and
requires that such mental health professional be "qualified" when admitting
a criminal defendant to a mental health court program.
3. Delete provisions authorizing a defendant's right to a hearing and the right
to present evidence supporting his continued participation in the program at
such hearing if that defendant has been dismissed from the program.