HLS 19RS-821 ENGROSSED
2019 Regular Session
HOUSE BILL NO. 287
BY REPRESENTATIVE HILL
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
COURTS: Provides relative to the issuance of reasonable notice to the Louisiana
Department of Health upon judicial commitment following judicial hearing
1 AN ACT
2To amend and reenact R.S. 28:55(E)(1) and 454.6(B), relative to the judicial commitment
3 of persons; to require judicial notice upon such commitments during judicial
4 hearings to be given to the Louisiana Department of Health; and to provide for
5 related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 28:55(E)(1) and 454.6(B) are hereby amended and reenacted to read
8as follows:
9 §55. Judicial hearings
10 * * *
11 E.(1) If the court finds by clear and convincing evidence that the respondent
12 is dangerous to self or others or is gravely disabled, as a result of a substance-related
13 or addictive disorder or mental illness, it shall render a judgment for his
14 commitment. After considering all relevant circumstances, including clinical
15 recommendations and any preference of the respondent or his family, the court shall
16 determine whether the respondent should be committed to a treatment facility which
17 is medically suitable and least restrictive of the respondent's liberty. However, if the
18 placement determined by the court is unavailable, the court may commit the
19 respondent to the Louisiana Department of Health for appropriate placement subject
20 to the availability of department resources until such time as an opening is available
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1 for transfer to the treatment facility determined by the court. If the department is not
2 the petitioner, the parties shall first consult with the department or its counsel before
3 entering into a judgment stipulating a commitment of the respondent to the
4 department. When the judgment results in a commitment of the respondent to the
5 department, either ordered by the court or through stipulation of the parties, the court
6 shall cause reasonable notice of the judgment thereof to be delivered to the
7 department.
8 * * *
9 §454.6. Judicial hearings; commitments
10 * * *
11 B. If the court finds by clear and convincing evidence that the respondent has
12 a developmental disability and is either dangerous to himself or dangerous to others,
13 it may render a judgment for his commitment. Courts committing persons to the
14 custody of the department shall not make such commitments to specific private or
15 public facilities but shall only commit such individuals to the department. If the
16 department is not the petitioner, the parties shall first consult with the department or
17 its counsel before entering into a judgment stipulating to a commitment of the
18 respondent to the department. When the judgment results in a commitment of the
19 respondent to the department, either ordered by the court or through stipulation of
20 the parties, the court shall cause reasonable notice of the judgment thereof to be
21 delivered to the department.
22 * * *
23 Section 2. This Act shall become effective upon signature by the governor or, if not
24signed by the governor, upon expiration of the time for bills to become law without signature
25by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
26vetoed by the governor and subsequently approved by the legislature, this Act shall become
27effective on the day following such approval.
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HB NO. 287
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 287 Engrossed 2019 Regular Session Hill
Abstract: Requires judicial notice to be given to the Louisiana Department of Health upon
judicial commitment of an individual.
Present law provides for the commitment of a person who is dangerous to self or others or
is gravely disabled, as a result of a substance-related or addictive disorder or mental illness,
to the La. Department of Health (LDH) when a treatment facility is otherwise unavailable;
either by petition of LDH or, when LDH is not a party, upon proper stipulation of the parties.
Present law provides for the commitment of a person who has a developmental disability and
is either a danger to himself or dangerous to others, to LDH either by petition of LDH or,
when LDH is not a party, upon proper stipulation of the parties.
Proposed law provides that upon such commitments under present law, the court shall cause
reasonable notice of judgment to be given to LDH.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 28:55(E)(1) and 454.6(B))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.