The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 411 Original 2018 Regular Session White
Present law provides that when a verdict of not guilty by reason of insanity is returned in a capital
case, the court is to commit the defendant to a proper state mental institution or to a private mental
institution approved by the court for custody, care, and treatment. Present law further provides that
when a defendant is found not guilty by reason of insanity in any other felony case, the court is to
remand him to the parish jail or to a private mental institution approved by the court and promptly
hold a contradictory hearing at which the defendant will have the burden of proof, to determine
whether the defendant can be discharged or can be released on probation, without danger to others
or to himself. Present law further provides that if the court determines that the defendant cannot be
released without danger to others or to himself, it must order him committed to a proper state mental
institution or to a private mental institution approved by the court for custody, care, and treatment.
Proposed law retains present law.
Present law provides that when the superintendent of a mental institution is of the opinion that a
person committed pursuant to present law can be discharged or can be released on probation, without
danger to others or to himself, he is to recommend the discharge or release of the person in a report
to a review panel comprised of the person's treating physician, the clinical director of the facility to
which the person is committed, and a physician or psychologist who served on the sanity
commission that recommended commitment of the person. Present law further provides that after
review the panel is to make a recommendation to the court by which the person was committed as
to the person's mental condition and whether he can be discharged, conditionally or unconditionally,
or placed on probation, without being a danger to others or himself. Present law further provides that
if the review panel recommends to the court that the person be discharged, conditionally or
unconditionally, or placed on probation, the court is to conduct a contradictory hearing following
notice to the district attorney.
Proposed law retains present law and adds that a recommendation that the person be discharged or
released on probation requires a unanimous vote of the panel. Proposed law further provides that
the panel must render specific findings of fact in support of its recommendation.
Present law provides that a person committed pursuant to present law may apply to the review panel
for discharge or for release on probation, but such application may not be filed until the committed
person has been confined for a period of at least six months after the original commitment. Present
law further provides that if the review panel recommends to the court that the person be discharged,
conditionally or unconditionally, or placed on probation, the court is to conduct a hearing following
notice to the district attorney. Present law further provides that if the recommendation of the review
panel or the court is adverse, the applicant cannot file another application until one year has elapsed
from the date of determination. Proposed law retains present law.
Present law provides that it is unlawful for any person who has been convicted of a crime of violence
that is a felony, or certain other enumerated present law crimes, or any crime defined as a sex
offense, or any crime defined as an attempt to commit one of the enumerated present law offenses,
or who has been convicted under the laws of any other state or the U.S. or any foreign government
or country of a crime that, if committed in this state, would be one of these enumerated present law
crimes, to possess a firearm or carry a concealed weapon.
Proposed law retains present law and makes present law applicable to persons found not guilty by
reason of insanity of the enumerated present law crimes.
Present law provides that present law prohibiting the possession of firearms and carrying concealed
weapons by persons who have been convicted of certain felonies does not apply to any person who
has not been convicted of any felony for a period of 10 years from the date of completion of
sentence, probation, parole, or suspension of sentence.
Proposed law retains present law and adds that the 10-year "cleansing period" contained in present
law applies to persons found not guilty by reason of insanity of the enumerated present law crimes.
Effective August 1, 2018.
(Amends C.Cr.P. Art. 655(A) and R.S. 14:95.1(A) and (C))