ENROLLED
ACT No. 307
2019 Regular Session
HOUSE BILL NO. 287
BY REPRESENTATIVE HILL
1 AN ACT
2 To 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.
6 Be 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
8 as 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
21 for transfer to the treatment facility determined by the court. If the department is not
22 the petitioner, the parties shall first consult with the department or its counsel before
23 entering into a judgment stipulating a commitment of the respondent to the
24 department. When the judgment results in a commitment of the respondent to the
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1 department, either ordered by the court or through stipulation of the parties, the court
2 shall cause reasonable notice of the judgment thereof to be delivered to the
3 department.
4 * * *
5 §454.6. Judicial hearings; commitments
6 * * *
7 B. If the court finds by clear and convincing evidence that the respondent has
8 a developmental disability and is either dangerous to himself or dangerous to others,
9 it may render a judgment for his commitment. Courts committing persons to the
10 custody of the department shall not make such commitments to specific private or
11 public facilities but shall only commit such individuals to the department. If the
12 department is not the petitioner, the parties shall first consult with the department or
13 its counsel before entering into a judgment stipulating to a commitment of the
14 respondent to the department. When the judgment results in a commitment of the
15 respondent to the department, either ordered by the court or through stipulation of
16 the parties, the court shall cause reasonable notice of the judgment thereof to be
17 delivered to the department.
18 * * *
19 Section 2. This Act shall become effective upon signature by the governor or, if not
20 signed by the governor, upon expiration of the time for bills to become law without signature
21 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
22 vetoed by the governor and subsequently approved by the legislature, this Act shall become
23 effective on the day following such approval.
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.