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Regular Session, 2013 ENROLLED
SENATE BILL NO. 71
BY SENATOR BROOME AND REPRESENTATIVES BARROW, BILLIOT, WESLEY
BISHOP, BROSSETT, BURRELL, COX, DI XON, HUNTER,
MORENO AND SMITH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
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 violations and sanctions; to provide for dismissal from the7
program; to provide relative to the discharge of criminal charges; and to provide for8
related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. Chapter 33-A of Title 13 of the Louisiana Revised Statutes of 1950,11
comprised of R.S. 13:5351 through 5358, is hereby enacted to read as follows:12
CHAPTER 33-A. MENTAL HEALTH COURT13
TREATMENT PROGRAMS14
§5351. Short title15
This Chapter shall be known and may be cited as the "Mental Health16
Court Treatment Act".17
§5352. Legislative findings18
A. The Legislature of Louisiana recognizes that a significant percentage19
of criminal defendants have a diagnosable mental illness.20
B. The legislature further recognizes that such mental illnesses tend to21
have a negative effect on the criminal justice system in the state of Louisiana.22
C. The legislature further recognizes that mental illness and substance23
abuse issues co-occur in a substantial percentage of criminal defendants.24
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D. The legislature further recognizes the critical need for a program1
within the criminal justice system designed to reduce the number of defendants2
with either mental illness issues or co-occurring mental illness and substance3
abuse issues.4
E. Such programs would also seek to address recidivism percentages5
among criminal defendants dealing with both mental illness and co-occurring6
mental illness and substance abuse issues thus reducing the incidence of crimes7
committed as a result of mental illness and co-occurring mental illness and8
substance abuse issues.9
F. It is therefore the intent of the Legislature of Louisiana to provide for10
the creation of specialized mental health courts with the necessary flexibility to11
address the issues of criminal defendants with either mental illness or co-12
occurring mental illness and substance abuse issues.13
§5353. Definitions14
For the purposes of this Chapter, the following terms shall have the15
following meanings, unless the context clearly indicates otherwise:16
(1) "Mental health court" or "mental health court program" means a17
structured judicial intervention process for mental health treatment of eligible18
criminal defendants that includes mental health court professionals, local social19
programs, and intensive judicial monitoring in support of such defendants.20
(2) "Mental health court professional" means a member of the mental21
health court team, including but not limited to a judge, prosecutor, defense22
attorney, probation officer, coordinator, treatment provider, behavioral health23
advocate, or case manager.24
(3) "Post-adjudicatory mental health court program" means a program25
in which the defendant has pled guilty or has been convicted and the defendant26
then agrees, with consent of the prosecution, to enter a mental health court27
program as part of the defendant's criminal sentence.28
(4) "Co-occurring mental health and substance abuse court program"29
means a program that, through the participation of professionals with training30 SB NO. 71 ENROLLED
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and experience in treating persons with mental illness issues and co-occurring1
mental illness and substance abuse issues, addresses the needs of criminal2
defendants with either mental illness or co-occurring mental health and3
substance abuse issues.4
§5354. Authorization5
Each district court by rule may designate one or more divisions to6
preside over a mental health treatment court program to which alcohol or drug7
related offenses are assigned, and may establish a program to be administered8
by the presiding judge or judges thereof or by an employee designated by the9
court. The judicial district is authorized to provide funding for any expenses10
related to the administration and operation of such a mental health court11
treatment program.12
§5355. Eligibility and exclusion13
A. A criminal defendant may be admitted to a mental health court14
program if all of the following criteria are met:15
(1) A diagnosis by a qualified mental health professional of mental16
illness or co-occurring mental illness and substance abuse.17
(2) Consent of the prosecutor and the court assigned to the criminal18
defendant's case.19
(3) Consent of the defendant.20
B. A criminal defendant may be excluded from a mental health court21
program if any of the following occurs:22
(1) The defendant fails to demonstrate a willingness to participate in a23
recommended mental health court program.24
(2) The criminal defendant has, within the previous ten years not25
including incarceration time, been convicted of any one of the following26
enumerated crimes:27
(a) First or second degree murder.28
(b) Aggravated or criminal sexual assault, including sexual assault of a29
child.30 SB NO. 71 ENROLLED
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(c) Armed robbery.1
(d) Arson.2
(e) Stalking.3
(f) Any crimes of violence involving the discharge of a firearm.4
§5356. Procedure; screening and assessment5
A.(1) The court shall require an eligibility screening and an assessment6
of the defendant.7
(2) If a valid assessment related to the present charge pending against8
the defendant has been completed within the previous sixty days, the eligibility9
and assessment need not be ordered.10
B. When appropriate, the imposition of execution of sentence shall be11
postponed while the defendant is enrolled in the treatment program. As long12
as the defendant complies with the conditions of his agreement, he shall remain13
on probation. At the conclusion of the period of probation, the district attorney,14
on advice of the person providing the probationer's treatment and the probation15
officer, may recommend that the mental health division take one of the16
following courses of action:17
(1) That the probationer's probation be revoked and the probationer be18
sentenced if the probationer has not successfully completed the treatment or has19
violated one or more of the conditions of his probation; or, if already sentenced,20
that the probation be revoked and the probationer be remanded to the21
appropriate custodian for service of that sentence.22
(2) That the period of probation be extended so that the probationer23
may continue the program.24
(3) That the probationer's conviction be set aside and the prosecution25
dismissed if the probationer has successfully completed all the conditions of his26
probation and his treatment agreement. The district attorney shall make the27
final determination as to whether to request revocation, extension or dismissal.28
C. The judge shall inform the defendant that if the defendant fails to29
meet the requirements of the mental health court treatment program, eligibility30 SB NO. 71 ENROLLED
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to participate in the program may be revoked. Such revocation would result in1
the defendant being sentenced.2
D. The defendant shall execute a written document which shall contain3
all of the following criteria:4
(1) An agreement to participate in the mental health court treatment5
program.6
(2) An agreement to all terms and conditions of the program, including7
but not limited to the possibility of sanctions or incarceration for failing to abide8
by or comply with the terms of the program.9
E.(1) The court may order a defendant enrolled in a program authorized10
by this Chapter to complete mental health or substance abuse treatment in an11
outpatient, inpatient, residential, or jail-based custodial treatment program.12
(2) Any period of time a defendant shall serve in a jail-based treatment13
program may not be reduced by the accumulation of good time or other credits.14
F. The mental health court program may include a regimen of graduated15
requirements and rewards and sanctions, including but not limited to the16
following:17
(1) Fines.18
(2) Fees.19
(3) Costs.20
(4) Restitution.21
(5) Incarceration of not more than one hundred eighty days.22
(6) Individual and group therapy.23
(7) Medication.24
(8) Supervision of progress.25
(9) Educational or vocational counseling, as appropriate.26
(10) Any other reasonable requirements necessary to complete the27
mental health court program.28
§5357. Mental health and substance abuse treatment29
A. The mental health court program may maintain or collaborate with30 SB NO. 71 ENROLLED
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a network of mental health treatment programs and, if the defendant has co-1
occurring mental illness and substance abuse issues, a network of treatment2
programs dealing with co-occurring mental illness and substance abuse3
treatment programs, representing a continuum of treatment options4
commensurate with the needs of defendants and in accordance with available5
resources. The mental health court program may designate a court liaison to6
monitor the progress of defendants in their assigned treatment programs on7
behalf of the court.8
B. Any mental illness or substance abuse treatment to which defendants9
are referred shall be licensed by the state and shall be in compliance with all10
rules governing such programs operating within the state of Louisiana.11
C. The mental health court program may, at its discretion, employ12
additional services or interventions, as it deems necessary on a case by case13
basis.14
§5358. Violation; sanctions; dismissal; discharge of criminal charges15
A. Violations by the defendant. (1) If a court finds, from the evidence16
presented, including but not limited to the reports or proffers of proof from the17
mental health court professionals that any of the conditions set forth in18
Paragraph (2) of this Subsection are met, sanctions may be imposed.19
(2)(a) The defendant is not performing satisfactorily in the assigned20
program.21
(b) The defendant is not benefitting from education, treatment, or22
rehabilitation.23
(c) The defendant has engaged in criminal conduct rendering the24
defendant unsuitable for continuing participation in the program.25
(d) The defendant has otherwise violated the terms and conditions of the26
program or of the defendant's sentence.27
(e) The defendant is for any reason unable to continue participation in28
the program.29
B. Sanctions. The court may impose reasonable sanctions under prior30 SB NO. 71 ENROLLED
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written agreement of the defendant, including but not limited to imprisonment1
or dismissal of the defendant from participation in the program.2
C.(1) Dismissal from the program. If an individual who has enrolled in3
a mental health court program violates any of the conditions of his probation4
or his treatment agreement or appears to be performing unsatisfactorily in the5
assigned program, or if it appears that the probationer is not benefitting from6
education, treatment, or rehabilitation, the treatment supervisor, probation7
officer, or the district attorney may move the court to dismiss the individual8
from the mental health court program.9
(2) If the court dismisses the defendant from the mental health court10
program, the defendant shall be provided with the specific reasons for his11
dismissal from the program.12
D. Discharge from criminal charges.13
Upon successful completion of the terms and conditions of the program,14
the court may do any of the following:15
(1) The court may dismiss the original criminal charges against the16
defendant.17
(2) The court may successfully terminate the original sentence of the18
defendant.19
(3) The court may otherwise discharge the defendant from the program20
or from any further proceedings against the defendant as may be pending in the21
original criminal matter.22
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: