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 Engrossed 2024 Regular Session Villio
Abstract: Provides relative to the active supervised release of a committed person in certain
circumstances.
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 present law (R.S. 28:2), 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).
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).
(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.
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).