The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 145 Original 2021 Regular Session Ward
Present law provides that every person arrested for a violation of the Uniform Controlled Dangerous
Substances Law or a crime of violence as defined by present law must submit to a pretrial drug test
for the presence of certain controlled substances in accordance with present law and rules of court
governing such testing.
Proposed law retains present law and adds the following:
(1)Drug testing to determine the presence of a controlled dangerous substance should occur
within 24 hours of the booking of the person.
(2)A person testing positive is to be clinically screened for the purposes of determining whether
the person suffers from a substance use disorder and is suitable for a drug or specialty court
program.
(3)A person who tested positive and is deemed suitable for a drug or specialty court program
is subject to additional provisions of proposed law relative to mandatory assessment.
(4)Information and records relative to drug testing or screening are confidential and cannot be
disclosed to any person who is not connected with the district attorney, counsel for the person
tested or screened, a treatment professional, or the court, without the consent of the person
tested or screened, and such information is not admissible in any civil or criminal proceeding
except for the purposes of determining the person's suitability or eligibility for a drug or
specialty court program.
(5)The costs and expenses of the drug testing and screening required by proposed law are
eligible for reimbursement from the Drug and Specialty Court Fund created by proposed law.
Proposed law provides that proposed law relative to mandatory drug testing and screening is to be
enforced to the extent that sufficient monies exist in the Drug and Specialty Court Fund to reimburse
costs and expenses. Proposed law further provides that if the administrator of the fund certifies that
sufficient monies do not exist for reimbursement, those testing and screening provisions will cease
to be mandatory, but may still be enforced at the discretion of the governing authority.
Present law provides that, when it appears that the best interest of the public and of the defendant
will be served, after a fourth conviction of a noncapital felony or third or fourth conviction of DWI,
the court may suspend the imposition or execution of sentence when the defendant's sentences for
his first, second, or third convictions of a noncapital felony were not suspended prior to his fourth
conviction of DWI, and the following conditions exist: (1)The district attorney consents to the suspension of the sentence.
(2)The court orders the defendant to complete any of the following:
(a)A program provided by the drug division of the district court.
(b)An established DWI court or sobriety court program.
(c)A mental health court program established by present law.
(d)A Veterans Court program established by present law.
(e)A reentry court program established by present law.
(f)Reside for at least one year in a facility that conforms to the Judicial Agency Referral
Residential Facility Regulatory Act established by present law.
(g)The Swift and Certain Probation Pilot Program established by present law.
Proposed law retains present law and adds that present law applies only if the defendant does not
meet the eligibility criteria for participation in a drug or specialty court program.
Present law provides that when suspension of sentence is allowed after a fourth conviction of a
noncapital felony or third or fourth conviction of DWI, the defendant is to be placed on probation
under the supervision of the division of probation and parole. Present law further provides that the
period of probation cannot be more than three years except as otherwise provided in present law.
Proposed law retains present law and adds that the defendant may be placed on probation under the
supervision of a probation office, agency, or officer designated by the court in lieu of supervision
by the division of probation and parole.
Proposed law provides that, when it appears that the best interest of the public and of the defendant
will be served, after the conviction of a defendant deemed suitable for a drug or specialty court
program, the court may suspend, in whole or in part, the imposition or execution of the sentence
when all of the following conditions are met:
(1)The district attorney consents to the suspension of sentence.
(2)There is an available drug or specialty court program recognized by the La. Supreme Court.
(3)The court orders the defendant to enter and complete any drug or specialty court program
recognized by the La. Supreme Court.
Proposed law provides that if the district attorney does not consent to the suspension of the sentence,
he must file his objection with written reasons into the record. Proposed law further provides that if the district attorney files an objection, or if the court determines that a specialty court program is
not available, the court may sentence the defendant to any sentence provided by present law.
Proposed law provides that, when suspension of sentence is allowed pursuant to proposed law, the
defendant may be placed on probation, for not more than three years except as provided by present
law, under the supervision of the division of probation and parole, or a probation office, agency, or
officer designated by the court.
Proposed law provides that, upon motion of the defendant, if the court finds that probation has been
satisfactory, the court may set the conviction aside and dismiss the prosecution, which will have the
same effect as an acquittal; however, the conviction may be considered a prior offense for purposes
of the Habitual Offender Law or any other present law relative to cumulation of offenses. Proposed
law further provides that a dismissal pursuant to proposed law can occur only once with respect to
any person.
Proposed law provides that a defendant is to be assessed for suitability for participation in a drug or
specialty court program if all of the following criteria are met:
(1)The defendant meets present law eligibility requirements.
(2)There is a relationship between the use of alcohol or drugs and the offense.
(3)The defendant has tested positive on a drug test and has been screened and determined
suitable for a drug or specialty court program pursuant to proposed law, or upon request of
the defendant or order of the court.
Proposed law provides that a defendant who meets these criteria is to be assessed by a licensed
treatment professional designated by the court. Proposed law provides that treatment professionals
must possess sufficient experience in working with clients who have alcohol or drug abuse or
addiction issues or mental illness, and must be credentialed or licensed by the state of Louisiana.
Proposed law further provides that the designated treatment professional is to perform an assessment
of the defendant to determine whether he is suitable for a treatment program, and must report to the
court, the district attorney, the defendant, and counsel for the defendant the results of the assessment,
along with a recommendation as to whether the defendant is suitable.
Proposed law provides that the court must inform the defendant that the designated treatment
professional may request that the defendant provide the following information to the court regarding
prior criminal charges, education, work experience, family history, medical and mental health
history, and any other information reasonably related to the success of the treatment program.
Proposed law provides that information provided by the defendant to the designated treatment
professional is confidential and cannot be disclosed to any person who is not connected with the
treatment professional, treatment facility, district attorney, counsel for defendant, or the court,
without the consent of the defendant; however, these records and information may be used for the
purposes of research or evaluation of the mandatory screening procedures or the effectiveness of any drug or specialty court program, provided that the information or records are not published with any
identifying information. Proposed law further provides that information obtained from the defendant
is not admissible in any civil or criminal proceeding, except to determine the defendant's suitability
or eligibility for a drug or specialty court program.
Present law provides that the court must advise the defendant that if he requests treatment and is
accepted, he will be placed under the supervision of the drug division probation program for a period
of at least 12 months.
Proposed law provides that the court is to determine the length of supervision of the defendant rather
than a mandatory 12 months, except that for a defendant convicted of a first, second, or third offense
DWI, the period must be at least 12 months.
Proposed law otherwise retains present law.
Proposed law creates the Drug and Specialty Court Fund in the state treasury. Proposed law provides
that all monies received by the state from any judgment, settlement, or otherwise collected from any
responsible person, to cover monies expended or anticipated to be expended by the state, or damages
incurred by the state, in connection with the manufacturing, marketing, distribution, or sale of
opioids are to be deposited into the fund.
Proposed law provides that monies in the fund are to be invested by the state treasurer in the same
manner as monies in the state general fund, and interest earned is to be credited to the fund. Proposed
law further provides that all unexpended and unencumbered monies in the fund at the end of the
fiscal year are to remain in the fund.
Proposed law provides that the office of the attorney general is the administrator of the fund, and
monies in the fund are to be appropriated to administer the fund in accordance with proposed law.
Proposed law further provides that monies in the fund are to be disbursed by the administrator to
eligible applicants for the purpose of drug testing and screening through the award of grants.
Proposed law further provides that these grants are to be awarded only as deemed appropriate by the
administrator, based upon the individual needs of each entity with respect to compliance with
proposed law.
Proposed law provides that monies in the fund may be used for the following:
(1)Expenses related to any drug or specialty court within the district courts of this state,
including expenses incurred by the district courts, district attorneys' offices, public defenders,
parish and local governing authorities, and sheriffs' offices related to participants or potential
participants in any drug or specialty court in this state, including expenses incurred for the
purpose of supervising participants.
(2)Expenses related to administering mandatory drug testing and clinical drug screening by law
enforcement agencies, including sheriffs' offices, in accordance with the provisions of
proposed law. (3)Expenses related to drug screening and testing of participants or potential participants in any
drug or specialty court program in this state.
(4)Expenses related to the services provided by drug or specialty court programs or services
received by participants or potential participants in any drug or specialty court program in
this state.
(5)Expenses related to the creation, maintenance, operation, expansion, or improvement of any
drug or alcohol treatment facilities, programs, or services for individuals in the custody of
the Dept. of Public Safety and Corrections or any parish or local correctional facility in this
state.
(6)Any other expenses directly related to or incurred due to compliance with proposed law.
Proposed law provides that any monies disbursed by the administrator that remain unexpended or
unencumbered at the end of the fiscal year are available for use in the subsequent fiscal year by the
entity, subject to the provisions of the grant agreement.
Proposed law provides that the administrator of the fund is to submit an annual report to the Joint
Legislative Committee on the Budget no later than August first of each year, which is to include
information from the previous fiscal year relative to the number of grant applications received,
recipients of the grants, and amounts of the grants awarded.
Proposed law provides that the administrator is to submit a notice of the exhaustion or anticipated
exhaustion of all monies received or to be received by the fund, no later than three years prior to the
exhaustion or anticipated exhaustion, to the Joint Legislative Committee on the Budget, the president
of the Senate, the speaker of the House of Representatives, and the governor. Proposed law further
provides that if the amount of monies in the fund is determined at any time to be insufficient to
satisfy the costs of compliance with proposed law, the administrator is to certify the existence of this
insufficiency and provide notice of this certification to these same parties. Proposed law further
provides that, upon certification and notice of the insufficiency of funds, compliance with proposed
law relative to funding drug and specialty courts will cease to be mandatory, but may continue to be
enforced at the discretion of the governing authority.
Proposed law relative to the creation and operation of the Drug and Specialty Court Fund effective
8/1/21.
Proposed law relative to mandatory drug testing and screening and drug and specialty courts will
take effect one year from the date on which the balance of monies in the Drug and Specialty Court
Fund reaches $10,000,000.
(Amends C.Cr.P. Art. 320(D) and (E)(1) and 893(A)(1)(a), (B)(2), (F), (G), and (H) and R.S.
13:5304(B)(3)(b); adds C.Cr.P. Art. 893(B)(1)(c) and (I) and 904 and R.S. 39:100.171 and 100.172)