HLS 24RS-145 REENGROSSED
2024 Regular Session
HOUSE BILL NO. 206
BY REPRESENTATIVE VILLIO
CRIMINAL/MENTAL CAPACITY: Provides relative to the commitment of certain
persons who are found not guilty by reason of insanity
1 AN ACT
2To amend and reenact Code of Criminal Procedure Article 657 and to enact Code of
3 Criminal Procedure Article 657.3, relative to the continued commitment of certain
4 committed persons; to provide for an exception; to provide for continued custody of
5 certain committed persons based on criteria; to provide for the duration of active
6 supervised release; to provide for a definition; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. Code of Criminal Procedure Article 657 is hereby amended and reenacted
9and Code of Criminal Procedure Article 657.3 is hereby enacted to read as follows:
10 Art. 657. Discharge or release; hearing
11 After considering the report or reports filed pursuant to Articles 655 and 656,
12 the court may either continue the commitment or hold a contradictory hearing to
13 determine whether the committed person no longer has a mental illness as defined
14 by R.S. 28:2 Article 657.3 and can be discharged, or can be released on probation,
15 without danger to others or to himself as defined by R.S. 28:2. At the hearing the
16 burden shall be upon the state to seek continuance of the confinement by proving by
17 clear and convincing evidence that the committed person currently has a mental
18 illness and is dangerous, except as provided in Code of Criminal Procedure Article
19 657.3. After the hearing, and upon filing written findings of fact and conclusions of
20 law, the court may order the committed person discharged, released on probation
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1 subject to specified conditions for a fixed or an indeterminate period, or recommitted
2 to the state mental institution. A copy of the judgment and order containing the
3 written findings of fact and conclusions of law shall be forwarded to the
4 administrator of the forensic facility. Notice to the counsel for the committed person
5 and the district attorney of the contradictory hearing shall be given at least thirty
6 days prior to the hearing.
7 * * *
8 Art. 657.3. Active supervised release for dangerous but not mentally ill committed
9 persons
10 A. Notwithstanding any other provision of law to the contrary, the state may
11 seek active supervised release by the Department of Public Safety and Corrections,
12 office of probation and parole, of a committed person based upon the committed
13 person's continued dangerousness even if the committed person does not have a
14 mental illness as defined by this Article, if both of the following conditions are
15 satisfied:
16 (1) The committed person was found not guilty by reason of insanity for any
17 of the following offenses or attempts to commit any of them:
18 (a) Any crime punishable by death or by life imprisonment.
19 (b) Any crime that is either a crime of violence as defined by R.S. 14:2(B)
20 or a sex offense as defined by R.S. 15:541.
21 (2) The state proves by clear and convincing evidence that the committed
22 person is dangerous to others or dangerous to himself as defined by R.S. 28:2. In
23 satisfying its burden of proof, the state may not rely solely upon the nature of the
24 crime for which the committed person was found not guilty by reason of insanity and
25 may not rely solely upon the diagnosis of any personality disorder.
26 B. Upon satisfaction of the criteria for active supervised release provided in
27 Paragraph A of this Article and consideration of any report filed pursuant to Articles
28 655 and 656, the court shall order the committed person to be placed on active
29 supervised release with any special conditions recommended to the court as well as
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1 any conditions of probation provided in Article 895 et seq. for a period not to exceed
2 three years. Such period may be extended in three-year increments upon motion of
3 the district attorney and proof that the committed person still satisfies the criteria for
4 active supervised release under this Article. Under no circumstances shall a
5 committed person who is on active supervised release pursuant to this Article be
6 subject to a probation period that is longer than the maximum term he would have
7 received if he had been convicted of the offense.
8 C. When the committed person is placed on active supervised release, the
9 clerk of court shall deliver a certificate to him setting forth the conditions of his
10 release. The committed person shall be required to agree in writing to the conditions
11 of his release.
12 D. When the committed person has violated or is suspected of violating the
13 conditions of his release, he may be arrested and detained pursuant to Article 899.
14 E. Nothing in this Article shall be construed as abrogating or negating any
15 other provision of this Chapter or any other provision of law relative to the continued
16 commitment, discharge, or conditional release of a person committed pursuant to
17 Article 654.
18 F. For the purposes of this Title, "mental illness" means a psychiatric
19 disorder which has substantial adverse effects on a person's ability to function and
20 requires care and treatment. It does not refer to a person with, solely, an intellectual
21 disability, or who suffers solely from epilepsy or a substance-related or addictive
22 disorder.
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 206 Reengrossed 2024 Regular Session Villio
Abstract: Provides relative to the active supervised release of a committed person in
certain circumstances.
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Present law (C.Cr.P. Art. 657) provides for the procedures relative to the release or discharge
of a person who has been found not guilty by reason of insanity and committed to a mental
institution.
Proposed law retains present law.
Present law further provides that at the contradictory hearing to determine whether the
committed person no longer has a mental illness and can be discharged or released on
probation without danger to others or himself, the burden shall be upon the state to seek
continuance of the confinement by proving by clear and convincing evidence that the
committed person currently has a mental illness and is dangerous.
Proposed law retains present law, but provides an exception for proposed law (C.Cr.P. Art.
657.3).
Proposed law (C.Cr.P. Art. 657.3) provides that the state may seek active supervised release
by the Dept. of Public Safety and Corrections, office of probation and parole, of a committed
person based upon the committed person's committed person continued dangerousness even
if the committed person does not have a mental illness as defined by proposed law, if both
of the following conditions are satisfied:
(1)The committed person was found not guilty by reason of insanity for any of the
following offenses or attempts to commit any of them:
(a)Any crime punishable by death or by life imprisonment.
(b)Any crime that is either a crime of violence as defined by present law (R.S.
14:2(B)) or a sex offense as defined by present law (R.S. 15:541).
(2)The state proves by clear and convincing evidence that the committed person is
dangerous to others or dangerous to himself as defined by present law (R.S. 28:2).
Further provides that in satisfying its burden of proof, the state may not rely solely
upon the nature of the crime for which the committed person was found not guilty
by reason of insanity and may not rely solely upon the diagnosis of any personality
disorder.
Proposed law provides that upon satisfaction of the criteria for commitment provided in
proposed law and consideration of any report filed pursuant to present law (C.Cr.P. Arts. 655
and 656), the court shall order the committed person to be placed on active supervised
release with any special conditions recommended to the court as well as any conditions of
probation provided in present law (C.Cr.P. Art. 895 et. seq.) for a period not to exceed three
years. Further provides that such period may be extended in three-year increments upon
motion of the district attorney and proof that the committed person still satisfies the criteria
for active supervised release.
Proposed law provides that under no circumstances shall a committed person who is on
active supervised release pursuant to proposed law be subject to a probation period that is
longer than the maximum term he would have received if he had been convicted of the
offense.
Proposed law provides that when the committed person is placed on active supervised
release, the clerk of court shall deliver a certificate to him setting forth the conditions of his
release. Further provides that the committed person shall be required to agree in writing to
the conditions of his release.
Proposed law provides that when the committed person has violated or is suspected of
violating the conditions of his release, he may be arrested and detained pursuant to present
law (C.Cr.P. Art. 899).
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Proposed law shall not be construed as abrogating or negating any other provision of present
law or any other provision of law relative to the continued commitment, discharge, or
conditional release of a person committed pursuant to present law (C.Cr.P. Art. 654).
Proposed law defines the term "mental illness".
(Amends C.Cr.P. Art. 657; Adds C.Cr.P. Art. 657.3)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Make technical changes.
2. Change the terminology from "insanity acquittee" to "committed person"
throughout proposed law.
3. Change the terminology from "continued commitment" to "active supervised
release" throughout proposed law.
4. Change the type of offense that a committed person has to be found not guilty by
reason of insanity of in order to be considered for active supervised release from
any crime that is both a crime of violence and a sex offense to any crime that is
either a crime of violence or a sex offense.
5. Remove any crime of violence punishable by a maximum sentence of 20 years
imprisonment or more as the type of offense that a committed person has to be
found not guilty by reason of insanity of in order to be considered for active
supervised release.
6. Require the court, after consideration of any report filed pursuant to present law
(C.Cr.P. Arts. 655 and 656), to order the committed person to be placed on active
supervised release with any special conditions recommended to the court as well
as any conditions of probation provided in present law (Article 895 et seq).
7. Change the maximum time period for active supervised release from one year to
three years and provide that such time period may be extended in increments of
three years rather than one year.
8. Provide for extension of the active supervised release period upon motion of the
district attorney and proof that the committed person still satisfies the criteria for
active supervised release under proposed law.
9. Provide that a committed person who is on active supervised release shall not be
subject to a probation period that is longer than the maximum term he would
have received if he had been convicted of the offense.
10.Require the clerk of court to deliver a certificate to the committed person setting
forth the conditions of his release when the committed person is placed on active
supervised release and requires the committed person to agree in writing to the
conditions of his release.
11.Provide for the arrest and detainment of a committed person pursuant to present
law (C.Cr.P. Art. 899) when the committed person has violated or is suspected
of violating the conditions of his release.
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12.Clarify that nothing in proposed law shall be construed as abrogating or negating
any other provision of present law relative to the commitment of insanity
acquittees or relative to the continued commitment, discharge, or conditional
release of a person committed pursuant to present law (C.Cr.P. Art. 654).
The House Floor Amendments to the engrossed bill:
1. Provide a definition for the term "mental illness".
2. Provide correct citations of present law relative to the term "mental illness".
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