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)]
HB 301 Engrossed 2015 Regular Session Dove
Abstract: Increases the maximum period of initial treatment and subsequent treatment for court-
ordered outpatient mental health treatment.
Present law authorizes a court to order a patient to obtain civil involuntary outpatient treatment if
all of the following conditions apply:
(1)The patient is 18 years of age or older.
(2)The patient is suffering from a mental illness.
(3)The patient is unlikely to survive safely in the community without supervision, based on a
clinical determination.
(4)The patient has a history of lack of compliance with treatment for mental illness that has
resulted in either of the following:
(a)At least twice within the last 36 months, the lack of compliance with treatment for
mental illness has been a significant factor resulting in an emergency certificate for
hospitalization, or receipt of services in a forensic or other mental health unit of a
correctional facility or a local correctional facility, not including any period during
which the person was hospitalized or incarcerated immediately preceding the filing
of the petition.
(b)One or more acts of serious violent behavior toward self or others or threats of, or
attempts of, serious physical harm to self or others within the last 36 months as a
result of mental illness, not including any period in which the person was
hospitalized or incarcerated immediately preceding the filing of the petition.
(5)The patient is, as a result of his mental illness, unlikely to voluntarily participate in the
recommended treatment pursuant to the treatment plan.
(6)In view of the treatment history and current behavior of the patient, the patient is in need of
involuntary outpatient treatment to prevent a relapse or deterioration which would be likely
to result in the patient becoming dangerous to self or others.
(7)It is likely that the patient will benefit from involuntary outpatient treatment. Present law authorizes a court to order that the patient receive involuntary outpatient treatment for
an initial period not to exceed six months if the court finds by clear and convincing evidence that the
patient meets the criteria for involuntary outpatient treatment and no less restrictive alternative is
feasible.
Proposed law increases the maximum period of initial treatment from six months to one year.
Present law provides that if a patient has been ordered to receive outpatient treatment for four
consecutive 180-day periods, the period of any subsequent order may exceed 180 days but shall not
exceed one year.
Proposed law provides that if a patient has been ordered to receive outpatient treatment for four
consecutive six-month to one-year periods, the period of any subsequent order may exceed one year
but shall not exceed two years.
(Amends R.S. 28:71(B) and 72(A))