ENROLLED
ACT No. 431
2018 Regular Session
HOUSE BILL NO. 440
BY REPRESENTATIVE HODGES AND SENATOR B ARROW
1 AN ACT
2 To amend and reenact Code of Criminal Procedure Articles 903(B) and (C) and 903.2(A)(1)
3 and (B)(1), relative to the substance abuse probation program; to provide for
4 counseling and treatment for defendants with substance abuse disorders and mental
5 illness; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. Code of Criminal Procedure Articles 903(B) and (C) and 903.2(A)(1) and
8 (B)(1) are hereby amended and reenacted to read as follows:
9 Art. 903. Substance abuse probation program; authorization
10 * * *
11 B. The program shall provide substance abuse counseling and treatment for
12 defendants with substance abuse disorders, or defendants with co-occurring mental
13 illness and substance abuse disorders, who are sentenced to substance abuse
14 probation pursuant to the provisions of Article 903.2.
15 C. The department may enter into cooperative endeavors or contracts
16 with the Louisiana Department of Health local governmental entities or the
17 office of behavioral health, training facilities, and service providers to
18 provide for substance abuse treatment and counseling and mental health
19 treatment for defendants participating in the program.
20 * * *
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 440 ENROLLED
1 Art. 903.2. Substance abuse probation; sentencing
2 A. Notwithstanding any other provision of law to the contrary, a court shall
3 suspend a sentence and order an eligible defendant to participate in a substance abuse
4 probation program provided by the department pursuant to Article 903 if the district
5 attorney agrees that the defendant should be sentenced to a substance abuse
6 probation and the court finds all of the following:
7 (1) The court has reason to believe that the defendant suffers from an
8 addiction to a controlled dangerous substance or any other mental health disorder.
9 * * *
10 B.(1) The court shall order the department to assign an authorized evaluator
11 to prepare a suitability report. The suitability report shall delineate the nature and
12 degree of the treatment necessary to address the defendant's drug or alcohol
13 dependency or addiction or mental health disorder, the reasonable availability of
14 such treatment, and the defendant's appropriateness for the program. The district
15 attorney and the defendant's attorney shall have an opportunity to provide relevant
16 information to the evaluator to be included in the report.
17 * * *
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.