ENROLLED
ACT No. 3702017 Regular Session
HOUSE BILL NO. 395
BY REPRESENTATIVE DUSTIN MILLER
1 AN ACT
2 To amend and reenact R.S. 28:54(A) and (C), 55(A) through (D) and (E)(1) and (5), 56(C)
3 and (G)(4), 59(A) through (C), 454.6(A)(introductory paragraph), (5), and (6) and
4 (B) and to enact R.S. 28:454.6(A)(7), relative to involuntary mental health treatment;
5 to make technical corrections; to provide for judicial commitment hearings; to
6 provide for commitment of prisoners; to establish an effective date; and to provide
7 for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 28:54(A) and (C), 55(A) through (D) and (E)(1) and (5), 56(C) and
10 (G)(4), 59(A) through (C), 454.6(A)(introductory paragraph), (5), and (6) and (B) are hereby
11 amended and reenacted and R.S. 28:454.6(A)(7) is hereby enacted to read as follows:
12 §54. Judicial commitment; procedure
13 A. Any The department or any person of legal age may file with the court
14 a petition which asserts his belief that a person is suffering from mental illness which
15 contributes or causes that person to be a danger to himself or others or to be gravely
16 disabled, or is suffering from substance abuse which contributes or causes that
17 person to be a danger to himself or others or to be gravely disabled and may thereby
18 request a hearing. The petition may be filed in the judicial district in which the
19 respondent is confined, or if not confined, in the judicial district where he resides or
Page 1 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 395 ENROLLED
1 may be found. The hearing shall not be transferred to another district except for
2 good cause shown. A petitioner who is unable to afford an attorney may seek the
3 assistance of any legal aid society or similar agency if available.
4 * * *
5 C.(1) Upon the filing of the petition, the court shall assign a time, not later
6 than eighteen calendar days thereafter, shall assign and a place for a hearing upon the
7 petition, and shall cause reasonable notice thereof to be given delivered at least ten
8 days prior to the hearing to the respondent, respondent's attorney, and the petitioner,
9 and the Louisiana Department of Health, bureau of legal services. The court may
10 overrule any objections made as to notice being delivered less than ten days prior to
11 the hearing, if there is good cause shown as to why the notice was delivered
12 untimely.
13 (2) The notice shall inform such the respondent of all of the following:
14 (a) that That he has a right to be present at the hearing;.
15 (b) that That he has a right to counsel;.
16 (c) that That he, if indigent or otherwise qualified, has the right to have
17 counsel appointed to represent him by the Mental Health Advocacy Service, and.
18 (d) that That he has the right to cross examine cross-examine witnesses
19 testifying at any hearing on such the application.
20 * * *
21 §55. Judicial hearings
22 A. At the appointed time, the court shall conduct a hearing on the petition
23 for judicial commitment. Before the hearing, the respondent may move for a change
24 of venue to the parish of his domicile, which motion shall be granted only for
25 compelling reasons. If the respondent is confined to a hospital, the judge of the court
26 where the petition was filed may hold the hearing on such commitment at the
27 treatment facility where the person is confined, if in the opinion of at least one of the
28 physicians appointed by the court to examine him, it will be detrimental to his health,
29 welfare, or dignity to travel to the court where the petition was filed.
Page 2 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 395 ENROLLED
1 B. The court shall provide the respondent a reasonable opportunity to select
2 his own counsel. In the event the respondent does not select counsel and is unable
3 to pay for counsel, or in the event counsel selected by the respondent refuses to
4 represent said the respondent or is not available for such representation, then the
5 court shall appoint counsel for the respondent provided by the mental health
6 advocacy service. Reasonable compensation of appointed counsel shall be
7 established by the court and may be ordered paid by the respondent or the petitioner
8 in the discretion of the court if either is found financially capable. If it is determined
9 by the court that the costs shall not be borne by the respondent or the petitioner, then
10 compensation to the attorney shall be paid from funds appropriated to the judiciary.
11 C.(1) The respondent shall have the right to privately retained retain and paid
12 pay counsel at any time. However, all respondents must be represented by counsel
13 as early as possible in every proceeding. If attorneys are available through the
14 mental health advocacy service Mental Health Advocacy Service, the court shall
15 contact the office of the Mental Health Advocacy service Service and request the
16 assignment of an attorney who will be appointed. In cases where the Mental Health
17 Advocacy service Service is unable to provide representation, the court shall select
18 and appoint an attorney to represent the respondent, whose fee shall be set by the
19 court.
20 (2) An attorney appointed to represent a person by a court pursuant to this
21 Title has a continuing duty toward that person even after admission. That duty shall
22 include, but not be limited to, follow-up investigation of the circumstances of the
23 person and representation in subsequent proceedings relating to admission, status,
24 and discharge. The duty shall continue until it is terminated by the court making the
25 appointment.
26 D. On the day appointed, the hearing shall take precedence over all other
27 matters, except pending cases of the same type, and shall be a closed hearing. The
28 court shall conduct the hearing in as formal a manner as is possible under the
29 circumstances and shall admit evidence according to the usual rules of evidence.
30 Witnesses and evidence tending to show that the person who is the subject of the
Page 3 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 395 ENROLLED
1 petition is a proper subject for judicial commitment shall be presented first. The
2 respondent has a right to be present unless the court finds that he knowingly,
3 voluntarily, and intelligently waives his presence. The respondent or his counsel
4 shall have the right to present evidence and cross examine cross-examine witnesses
5 who may testify at the hearing. If the department is not the petitioner, the
6 department or its counsel may present evidence, call witnesses, and cross-examine
7 any witness testifying at the hearing regarding the placement of the respondent. If
8 the respondent is present at the hearing and is medicated, the court shall be informed
9 of the medication and its common effects. If the respondent or his attorney notifies
10 the court not less than three days before the hearing that he wishes to cross examine
11 cross-examine the examining physicians, the court shall order such physicians to
12 appear in person or by deposition. The court shall cause a recording of the testimony
13 of the hearing to be made, which shall be transcribed only in the event of an appeal
14 from the judgment. A copy of such transcript shall be furnished without charge, to
15 any appellant whom the court finds unable to pay for the same. The cost of such the
16 transcript shall be paid from funds appropriated to the judicial department.
17 E.(1) If the court finds by clear and convincing evidence that the respondent
18 is dangerous to self or others or is gravely disabled, as a result of substance abuse or
19 mental illness, it shall render a judgment for his commitment. After considering all
20 relevant circumstances, including clinical recommendations and any preference of
21 the respondent or his family, the court shall determine whether the respondent should
22 be committed to a treatment facility which is medically suitable and least restrictive
23 of the respondent's liberty. However, if the placement determined by the court is
24 unavailable, the court shall may commit the respondent to the Louisiana Department
25 of Health for appropriate placement in a state treatment facility subject to availability
26 of department resources until such time as an opening is available for transfer to the
27 treatment center determined by the court, unless the respondent waives the
28 requirement for such transfer. Within fifteen days following an alternative
29 placement, the department shall submit a report to the court stating the reasons for
30 such placement and seeking court approval of the placement. If the department is
Page 4 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 395 ENROLLED
1 not the petitioner, the parties shall first consult with the department or its counsel
2 before entering into a judgment stipulating to a commitment of the respondent to the
3 department.
4 * * *
5 (5) The court order shall order a suitable person to convey such person the
6 respondent to the treatment facility and deliver respondent, together with a copy of
7 the judgment and certificates, with the respondent, to the director. In appointing a
8 person to execute the order, the court should give preference to a near relative or
9 friend of the respondent.
10 * * *
11 §56. Judicial commitment; review; appeals
12 * * *
13 C. Notwithstanding an order of judicial commitment, the director of the
14 treatment facility to which the individual is committed is encouraged to explore
15 treatment measures that are medically appropriate and less restrictive. The director
16 may at any time convert an involuntary commitment may be converted to a voluntary
17 one should he deem that action medically appropriate. He in accordance with R.S.
18 28:52 or 52.2. The director or administrator of the treatment facility shall inform the
19 court of any action in that regard. The director may discharge any patient if in his
20 opinion, or upon recommendation of the treating physician, discharge is appropriate.
21 The director shall not be legally responsible to any person for the subsequent acts or
22 behavior of a patient discharged in good faith.
23 * * *
24 G.
25 * * *
26 (4) An extension of a conditional discharge may be granted upon application
27 by the department or by the director of the treatment facility to the court and
28 notification to respondent's counsel of record. The court may grant the extension of
29 the conditional discharge for a period of up to one hundred twenty days. No further
30 extension may be made without a contradictory hearing. The burden of proof is on
Page 5 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 395 ENROLLED
1 the department or the director of the treatment facility to show why continued
2 treatment continuation of the conditional discharge is necessary.
3 * * *
4 §59. Commitment of prisoners
5 A. Any person acquitted of a crime or misdemeanor found not guilty by
6 reason of insanity or mental defect by a criminal court may be committed ordered
7 to the proper institution in accordance with Code of Criminal Procedure Arts. 654
8 et seq.
9 B. Any person who is determined to lack the capacity to proceed, who will
10 not attain the capacity to proceed with his trial in the foreseeable future, and who is
11 not a danger to himself or others, shall be discharged in accordance with Code of
12 Criminal Procedure Arts. 648 et seq. However, this release is without prejudice to
13 any right the state may have to institute civil commitment proceedings pursuant to
14 R.S. 28:53 or R.S. 28:54. Furthermore, this person may be held in a treatment
15 facility for a reasonable time period pending the judicial commitment hearing. If
16 judicial commitment proceedings are necessary, they shall be instituted within
17 seventy-two hours pursuant to Code of Criminal Procedure Article 648(B)(3) after
18 a determination that the person will not attain the capacity to proceed with his trial.
19 C. Any person serving a sentence who becomes mentally ill may be
20 committed to the proper institution in the manner provided for judicial commitment
21 by the district court of the place of incarceration and contradictorily with the
22 superintendent of the place of incarceration or with the sheriff of that parish. The
23 period of commitment shall be credited against the sentence imposed by the court.
24 * * *
25 §454.6. Judicial hearings; commitments
26 A. The hearing shall take precedence over all other matters, except pending
27 cases of the same type, and shall be a closed hearing. The court shall conduct the
28 hearing in as formal a manner as is possible under the circumstances and shall adhere
29 to the following:
30 * * *
Page 6 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 395 ENROLLED
1 (5) If the department is not the petitioner, the department or its counsel may
2 present evidence, call witnesses, and cross-examine any witness testifying at the
3 hearing.
4 (6) If the respondent is present at the hearing and is medicated, the court
5 shall be informed of the medication and its common effects.
6 (6) (7) The court shall cause a recording of the testimony of the hearing to
7 be made, which shall be transcribed only in the event of an appeal from the
8 judgment.
9 B. If the court finds by clear and convincing evidence that the respondent has
10 a developmental disability and is either dangerous to himself or dangerous to others,
11 it may render a judgment for his commitment. Courts committing persons to the
12 custody of the department shall not make such commitments to specific private or
13 public facilities but shall only commit such individuals to the department. If the
14 department is not the petitioner, the parties shall first consult with the department or
15 its counsel before entering into a judgment stipulating to a commitment of the
16 respondent to the department.
17 * * *
18 Section 2. This Act shall become effective upon signature by the governor or, if not
19 signed by the governor, upon expiration of the time for bills to become law without signature
20 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
21 vetoed by the governor and subsequently approved by the legislature, this Act shall become
22 effective on the day following such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
Page 7 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.