RÉSUMÉ DIGEST
ACT 317 (HB 301) 2015 Regular Session Dove
Existing 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.
Existing 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.
Prior law required the initial treatment period not to exceed six months.
New law increases the maximum period of initial treatment from six months to one year.
Prior law provided that if a patient had been ordered to receive outpatient treatment for four
consecutive 180-day periods, the period of any subsequent order could exceed 180 days but
could not exceed one year.
New 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.
Effective August 1, 2015.
(Amends R.S. 28:71(B) and 72(A))
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