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 395 Original 2017 Regular Session Dustin Miller
Abstract: Updates provisions relative to judicial commitment and mental health treatment.
Present law provides that a judicial commitment shall remain in effect for a period of up to 120 days.
Proposed law extends the period of time to 180 days.
Proposed law authorizes a person who is civilly committed by a criminal court to request a formal
voluntary admission if the person meets the requirements for such admission.
Proposed law makes technical corrections to the provisions of law regarding judicial commitment
and updates terminology.
Present law sets forth the procedure for a hearing on a petition for judicial commitment.
Proposed law retains present law and specifies that the hearing shall take precedence over all other
matters, except pending cases of the same type, and shall be a closed hearing. Further authorizes the
La. Dept. of Health, if not the petitioner, to present evidence, call witnesses, and cross-examine any
witness testifying at the hearing.
Proposed law requires the parties to the hearing, if the La. Dept. of Health is not the petitioner, to
consult with the department before entering into a stipulated judgment committing the patient to the
department.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 28:2(1), 54(A) and (C), 55(A)-(D) and (E)(1) and (5), 56(C) and (G)(1) and (4),
59(A)-(C), 454.6(A)(intro. para.), (5), and (6) and (B); Adds R.S. 28:52.2(C) and 454.6(A)(7))