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 440 Engrossed 2018 Regular Session Hodges
Abstract: Expands the substance abuse probation program to include treatment and counseling for
defendants with substance abuse disorders, or defendants with co-occurring mental illness
and substance abuse disorders.
Present law provides for a substance abuse probation program in which the Dept. of Public Safety
and Corrections may enter into cooperative endeavors with the La. Dept. of Health to provide
substance abuse treatment and counseling for eligible defendants.
Proposed law expands this program to provide counseling and treatment for defendants with
substance abuse disorders, or defendants with co-occurring mental illness and substance abuse
disorders, who are sentenced to substance abuse probation pursuant to present law.
Proposed law amends present law to authorize the Dept. of Public Safety and Corrections to enter
into cooperative endeavors or contracts with local governmental entities, instead of the La.
Department of Health, to provide for substance abuse treatment and counseling and mental health
treatment for defendants participating in the program.
(Amends C.Cr.P. Arts. 903(B) and (C) and 903.2(A)(1) and (B)(1))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill:
1. Provide that the substance abuse program shall provide counseling and treatment for
defendants with substance abuse disorders, or defendants with co-occurring mental
illness and substance abuse disorders, who are sentenced to substance abuse probation.
2. Authorize the Dept. of Public Safety and Corrections to enter into cooperative endeavors
or contracts with local governmental entities, instead of the La. Department of Health,
to provide for substance abuse treatment and counseling and mental health treatment for
defendants participating in the program.
3. Changes references from "mental health condition" to "mental health disorder".