GREEN SHEET REDIGEST
HB 440 2018 Regular Session Hodges
CRIMINAL/SENTENCING : Expands DPS&C's substance abuse probation program
to include treatment for mental health issues
DIGEST
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 and the office
of behavioral 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. Provides 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. Authorizes 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".
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the engrossed
bill
1. Adds Dept. of Health, office of behavioral health, to entities with which the Dept.
of Public Safety and Corrections can contract for certain programs.
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Prepared by Alden A. Clement, Jr.