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 Reengrossed 2017 Regular Session Dustin Miller
Abstract: Updates provisions relative to judicial commitment and mental health treatment.
Present law provides for the involuntary judicial commitment of individuals for mental health
treatment.
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.
Proposed law authorizes the La. Dept. of Health (LDH), if not the petitioner, to present evidence,
call witnesses, and cross-examine witnesses testifying at the hearing. Further limits LDH to
presenting evidence and testimony regarding the placement of the respondent in proceedings for
judicial commitment based upon mental illness or substance use disorders.
Proposed law requires the parties to the hearing, if LDH 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. 28:54(A) and (C), 55(A)-(D) and (E)(1) and (5), 56(C) and (G)(4), 59(A)-(C),
454.6(A)(intro. para.), (5), and (6) and (B); Adds R.S. 28:454.6(A)(7))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill:
1. Delete proposed law extending the maximum length of time for the conditional discharge
of an individual subject to a judicial commitment.
2. Limit LDH to presenting evidence regarding the placement of the respondent in
proceedings for judicial commitment based upon mental illness or substance use disorders.
3. Restore present law provisions requiring a contradictory hearing prior to the extension
of a conditional release.
4. Make technical changes. The House Floor Amendments to the engrossed bill:
1. Delete proposed law authorizing a person who is civilly committed by a criminal court
to request a formal voluntary admission.
2. Make technical changes.