HLS 24RS-995 ORIGINAL
2024 Regular Session
HOUSE BILL NO. 633
BY REPRESENTATIVE BUTLER
COURTS: Provides relative to mandatory drug testing, screening, and assessment for drug
and specialty court participation for certain offenders
1 AN ACT
2To amend and reenact Code of Criminal Procedure Articles 320(D) and (E)(introductory
3 paragraph) and (1) and 893(A)(1)(a), (B)(3), and (F) through (H), R.S.
4 13:5304(B)(3)(b), and R.S. 15:529.1(C)(3) and to enact Code of Criminal Procedure
5 Articles 893(B)(2)(c) and (I) and 904, relative to mandatory drug testing and
6 screening; to require drug testing and screening of persons arrested for certain
7 offenses; to provide relative to assessment for participation in drug and specialty
8 court programs for certain nonviolent offenders; to provide relative to confidentiality
9 of drug testing and screening records; to provide for the automatic expungement of
10 records under certain circumstances; to provide relative to the funding for
11 administration of drug and specialty courts; and to provide for related matters.
12Be it enacted by the Legislature of Louisiana:
13 Section 1. Code of Criminal Procedure Articles 320(D) and (E)(introductory
14paragraph) and (1) and 893(A)(1)(a), (B)(3), and (F) through (H) are hereby amended and
15reenacted and Code of Criminal Procedure Articles 893(B)(2)(c) and (I) and 904 are hereby
16enacted to read as follows:
17 Art. 320. Conditions of bail undertaking
18 * * *
19 D. Drug offenses and crimes of violence. Pretrial drug testing and screening
20 for substance use disorders.
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1 (1) Every person arrested for a violation of the Uniform Controlled
2 Dangerous Substances Law or a crime of violence as provided in R.S. 14:2(B) shall
3 be required to submit to a pretrial drug test for the presence of designated substances
4 in accordance with the provisions of this Article and rules of court governing such
5 testing. Every person arrested for any other felony may be required to submit to a
6 pretrial drug test for the presence of designated substances in accordance with the
7 provisions of this Article and rules of court governing such testing. Every person
8 arrested for a misdemeanor may be required to submit to a pretrial drug test for the
9 presence of designated substances in accordance with the provisions of this Article
10 and rules of court governing such testing.
11 (2) Drug testing to determine the presence of any controlled dangerous
12 substance identified in the Uniform Controlled Dangerous Substances Law shall
13 occur within twenty-four hours of the booking of the person, and random testing
14 thereafter may be required to verify that the person is drug free.
15 (3) All persons testing positive for the presence of one or more substances
16 provided in Subparagraph (2) of this Paragraph shall be clinically screened utilizing
17 a validated screening tool for the purpose of determining whether the person suffers
18 from a substance use disorder and is suitable for a drug or specialty court program.
19 (4) All persons who receive a positive test result pursuant to the drug testing
20 administered pursuant to Subparagraph (2) of this Paragraph and who are considered
21 suitable for a drug or specialty court program pursuant to the screening process set
22 forth in Subparagraph (3) of this Paragraph shall be subject to the provisions of Code
23 of Criminal Procedure Article 904.
24 (5) All records and information provided or obtained pursuant to
25 Subparagraphs (2) and (3) of this Paragraph shall be considered confidential and
26 shall not be, without the consent of the person tested or screened, disclosed to any
27 person who is not connected with the district attorney, counsel for the person tested
28 or screened pursuant to this Paragraph, a treatment professional, or the court. Such
29 records and information shall not be admissible in any civil or criminal action or
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1 proceeding, except for the purposes of determining suitability or eligibility of the
2 person for any drug or specialty court program.
3 (6) The expenses and costs incurred relative to the mandatory drug testing
4 and the screening required by this Paragraph shall be deemed to be an approved
5 purpose for use of opioid funds. If sufficient funds do not exist for the
6 reimbursement of the expenses and costs of mandatory testing and screening, the
7 provisions of Subparagraphs (2) and (3) of this Paragraph may still be enforced at the
8 discretion of the governing authority responsible for funding those provisions.
9 E. Pretrial drug testing program. The court may implement a pretrial drug
10 testing program. All persons released under the provisions of the pretrial drug
11 testing program must shall submit to continued random testing and refrain from the
12 use or possession of any controlled dangerous substance or any substance designated
13 by the court. A pretrial drug testing program shall provide for the following:
14 (1) Mandatory participation for all persons arrested for violations of state
15 law. Additionally, all All persons testing positive for the presence of one or more
16 of the designated substances set forth in Subparagraph (2) of this Paragraph, who are
17 not otherwise required to participate, shall submit to a pretrial drug testing program.
18 * * *
19 Art. 893. Suspension and deferral of sentence and probation in felony cases
20 A.(1)(a) When it appears that the best interest of the public and of the
21 defendant will be served, the court, after a first, second, or third conviction of a
22 noncapital felony, may suspend, in whole or in part, the imposition or execution of
23 either or both sentences, where suspension is allowed under the law, and in either or
24 both cases place the defendant on probation under the supervision of the division of
25 probation and parole. The court shall not suspend the sentence of a second or third
26 conviction of R.S. 14:73.5. Except as provided in Paragraph G H of this Article, the
27 period of probation shall be specified and shall not be more than three years, except
28 as provided by Paragraph H I of this Article.
29 * * *
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HB NO. 633
1 B.
2 * * *
3 (2) After a third or fourth conviction of operating a vehicle while intoxicated
4 pursuant to R.S. 14:98, the court may suspend, in whole or in part, the imposition or
5 execution of the sentence when the defendant was not offered such alternatives prior
6 to his fourth conviction of operating a vehicle while intoxicated and the following
7 conditions exist:
8 * * *
9 (c) The defendant does not meet the requirements set forth in Paragraph F
10 of this Article.
11 (3) When suspension is allowed under this Paragraph, the defendant shall be
12 placed on probation under the supervision of the division of probation and parole.
13 If the defendant has been sentenced to complete a specialty court program as
14 provided in Subsubparagraph (2)(b) of this Paragraph, the defendant may be placed
15 on probation under the supervision of a probation office, agency, or officer
16 designated by the court, other than the division of probation and parole of the
17 Department of Public Safety and Corrections. The period of probation shall be
18 specified and shall not be more than three years, except as provided in Paragraph G
19 H of this Article. The suspended sentence shall be regarded as a sentence for the
20 purpose of granting or denying a new trial or appeal.
21 * * *
22 F.(1) Notwithstanding any other provision of law to the contrary, when it
23 appears that the best interest of the public and of the defendant will be served, after
24 the conviction of a defendant considered suitable for a drug or specialty court
25 program pursuant to Code of Criminal Procedure Article 904, the court may suspend,
26 in whole or in part, the imposition or execution of the sentence when all of the
27 following conditions are met:
28 (a) The district attorney consents to the suspension of sentence.
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1 (b) There is an available drug or specialty court program recognized by the
2 Louisiana Supreme Court.
3 (c) The court orders the defendant to enter and complete any drug or
4 specialty court program recognized by the Louisiana Supreme Court.
5 (2) If the district attorney does not consent to the suspension of the sentence,
6 he shall file his objection with written reasons into the record.
7 (3) If the district attorney files an objection into the record, or if the court
8 determines that a specialty court program is not available for the defendant, the court
9 may sentence the defendant to any sentence provided for the offense by law.
10 (4) When suspension of sentence is allowed pursuant to this Paragraph, the
11 defendant may be placed on probation under the supervision of the division of
12 probation and parole, or under the supervision of a probation office, agency, or
13 officer designated by the court. The period of probation shall be specified and shall
14 not exceed three years, except as provided in Paragraph H of this Article. The
15 suspended sentence shall be regarded as a sentence for the purpose of granting or
16 denying a motion for new trial or appeal.
17 (5) Upon motion of the defendant, if the court finds at the conclusion of the
18 probationary period that the probation of the defendant has been satisfactory, the
19 court may set the conviction aside and dismiss the prosecution. The dismissal of the
20 prosecution shall have the same effect as an acquittal, except that the conviction may
21 be considered as a first offense and provide the basis for a subsequent prosecution
22 of the party as a habitual offender, except as provided in R.S. 15:529.1(C)(3). The
23 conviction also may be considered as a prior offense for purposes of any other
24 provision of law relating to cumulation of offenses. Dismissal pursuant to this
25 Paragraph shall occur only once with respect to any person.
26 G. Nothing contained herein shall be construed as being a basis for
27 destruction of records of the arrest and prosecution of any person convicted of a
28 felony.
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1 G.H. If the court, with the consent of the district attorney, orders a defendant
2 to enter and complete a program provided by the drug division of the district court
3 pursuant to R.S. 13:5301, an established driving while intoxicated court or sobriety
4 court program, a mental health court program established pursuant to R.S. 13:5351
5 et seq., a Veterans Court program established pursuant to R.S. 13:5361 et seq., a
6 reentry court established pursuant to R.S. 13:5401, or the Swift and Certain
7 Probation Pilot Program established pursuant to R.S. 13:5371, the court may place
8 the defendant on probation for a period of not more than eight years if the court
9 determines that successful completion of the program may require that period of
10 probation to exceed the three-year limit. The court may not extend the duration of
11 the probation period solely due to unpaid fees and fines. The period of probation as
12 initially fixed or as extended shall not exceed eight years.
13 H.I.(1) If a defendant is placed on supervised probation, the division of
14 probation and parole shall submit to the court a compliance report when requested
15 by the court, or when the division of probation and parole deems considers it
16 necessary to have the court make a determination with respect to "earned compliance
17 credits", modification of terms or conditions of probation, termination of probation,
18 revocation of probation, or other purpose proper under any provision of law.
19 (2) For purposes of this Paragraph:
20 (a) "Compliance" means the full completion of the terms and conditions of
21 probation as imposed by the sentencing judge, except for inability to pay fines, fees,
22 or restitution.
23 (b) "Compliance report" means a report generated and signed by the division
24 of probation and parole that contains clear and concise information relating to the
25 defendant's performance relative to "earned compliance credits", and may contain
26 a recommendation as to early termination.
27 (3) After a review of the compliance report, if it is the recommendation of
28 the division of probation and parole that the defendant is in compliance with the
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1 conditions of probation, in accordance with the compliance report, the court shall
2 grant "earned compliance credit" for the time, absent a showing of cause for a denial.
3 (4) The court may terminate probation at any time as "satisfactorily
4 completed" upon the final determination that the defendant is in compliance with the
5 terms and conditions of probation.
6 (5) If the court determines that the defendant has failed to successfully
7 complete the terms and conditions of probation, the court may extend the probation
8 for a period not to exceed two years, for the purpose of allowing the defendant
9 additional time to complete the terms of probation, additional conditions, the
10 extension of probation, or the revocation of probation.
11 (6) Absent extenuating circumstances, the court shall, within ten days of
12 receipt of the compliance report, make an initial determination as to the issues
13 presented and shall transmit the decision to the probation officer. The court shall
14 disseminate the decision to the defendant, the division of probation and parole, and
15 the prosecuting agency within ten days of receipt. The parties shall have ten days
16 from receipt of the initial determination of the court to seek an expedited
17 contradictory hearing for the purpose of challenging the court's determination. If no
18 challenge is made within ten days, the court's initial determination shall become final
19 and shall constitute a valid order of the court.
20 * * *
21 Art. 904. Mandatory assessment; suitability of defendant for drug or specialty court
22 program
23 A. A defendant shall be assessed for suitability for participation in a drug or
24 specialty court program if all of the following criteria are met:
25 (1) The defendant meets the statutory eligibility requirements for
26 participation in a drug or specialty court program.
27 (2) There is a relationship between the use of alcohol or drugs and the
28 offense before the court.
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1 (3) The defendant has tested positive on a drug test and has been screened
2 and determined suitable pursuant to Code of Criminal Procedure Article 320(D), or
3 the defendant has been screened and determined suitable upon request of the
4 defendant or as ordered by the court.
5 B.(1) A defendant who meets the criteria set forth in Paragraph A of this
6 Article shall be assessed by a licensed treatment professional designated by the court.
7 Treatment professionals shall be credentialed or licensed by the state of Louisiana
8 and possess sufficient experience in working with clients who have alcohol or drug
9 abuse or addiction issues or mental illness.
10 (2) The designated treatment professional shall perform an assessment of the
11 defendant, utilizing validated assessment tools, to determine whether the defendant
12 is suitable for a treatment program, and shall report the results of the assessment and
13 evaluation to the court, the district attorney, the defendant, and counsel for the
14 defendant along with a recommendation as to whether or not the defendant is
15 suitable for a drug or specialty court program.
16 (3) The court shall inform the defendant that the designated treatment
17 professional may request that the defendant provide the following information to the
18 court:
19 (a) Information regarding prior criminal charges.
20 (b) Education, work experience, and training.
21 (c) Family history, including residence in the community.
22 (d) Medical and mental health history, including any psychiatric or
23 psychological treatment or counseling.
24 (e) Any other information reasonably related to the success of the treatment
25 program.
26 C.(1) All records and information provided by the defendant to the
27 designated treatment professional for the purposes of screening or assessment shall
28 be considered confidential and shall not be disclosed, without the consent of the
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1 defendant, to any person who is not connected with the treatment professional,
2 treatment facility, district attorney, counsel for the defendant, or the court.
3 (2) The provisions of Subparagraph (1) of this Paragraph shall not restrict
4 the use of records and information for the purposes of research or evaluation of the
5 mandatory screening procedures or the effectiveness of any drug or specialty court
6 program, provided that the records or information shall not be published or otherwise
7 disseminated in any manner that discloses the name or identifying information of the
8 defendant.
9 D. No statement or any information obtained therefrom, that is made to any
10 designated treatment professional with respect to a specific offense with which the
11 defendant is charged, shall be admissible in any civil or criminal action or
12 proceeding, except for the purposes of determining the suitability or eligibility of the
13 defendant for a drug or specialty court program.
14 E. Any person who completes the program established pursuant to the
15 provisions of this Article shall be entitled to the automatic expungement of his record
16 of arrest and conviction of the violation that necessitated participation in the program
17 established pursuant to the provisions of this Article.
18 Section 2. R.S. 13:5304(B)(3)(b) is hereby amended and reenacted to read as
19follows:
20 §5304. The drug division probation program
21 * * *
22 B. Participation in probation programs shall be subject to the following
23 provisions:
24 * * *
25 (3) In offering a defendant the opportunity to request treatment, the court
26 shall advise the defendant of the following:
27 * * *
28 (b) If the defendant requests to undergo treatment and is accepted, the
29 defendant will shall be placed under the supervision of the drug division probation
30 program for a period determined by the court, except that the probation period for
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HB NO. 633
1 a defendant convicted of a violation of R.S. 14:98, 98.1, 98.2, or 98.3 shall not be
2 less than twelve months.
3 * * *
4 Section 3. R.S. 15:529.1(C)(3) is hereby amended and reenacted to read as follows:
5 §529.1. Sentences for second and subsequent offenses; certificate of warden or clerk
6 of court in the state of Louisiana as evidence
7 * * *
8 C.
9 * * *
10 (3) Notwithstanding any provision of law to the contrary, a conviction for
11 a felony offense that is not a crime of violence as defined by R.S. 14:2(B) and that
12 has been set aside and dismissed pursuant to Code of Criminal Procedure Article
13 893(E)(2), (3), or (4), or (F)(5), shall not be considered as a prior conviction for
14 purposes of enhancing a felony that is not a crime of violence as defined by R.S.
15 14:2(B) pursuant to the provisions of Paragraph (A)(1) of this Section and shall not
16 be included in the computation of the five-year time period set forth in Paragraph (1)
17 of this Subsection, or the ten-year time period as set forth in Paragraph (2) of this
18 Subsection, for purposes of enhancing a felony that is not a crime of violence as
19 defined by R.S. 14:2(B) pursuant to the provisions of Paragraph (A)(1) of this
20 Section.
21 * * *
22 Section 4. Additional funding for the administration of drug and other specialty
23courts shall be subject to appropriation by the legislature.
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 633 Original 2024 Regular Session Butler
Abstract: Provides relative to eligibility and requirements for participation in drug or
specialty court programs.
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HB NO. 633
Present law (C.Cr.P. Art. 320(D)) provides for conditions of bail undertaking for drug
offenses and crimes of violence.
Proposed law amends present law to provide procedures for pretrial drug testing and
screening for substance use disorders.
Proposed law provides that drug testing to determine the presence of any controlled
dangerous substance identified in the Uniform Controlled Dangerous Substances Law shall
occur within 24 hours of the booking of the person, and random testing thereafter may be
required to verify that the person is drug free.
Proposed law provides that all persons testing positive for the presence of one or more
substances provided in proposed law shall be clinically screened utilizing a validated
screening tool for the purpose of determining whether the person suffers from a substance
use disorder and is suitable for a drug or specialty court program.
Proposed law provides that all persons who receive a positive test result pursuant to the drug
testing administered pursuant to proposed law and who are considered suitable for a drug or
specialty court program pursuant to the screening process set forth in proposed law shall be
subject to the provisions of proposed law (C.Cr.P. Art. 904).
Proposed law provides that all records and information provided or obtained pursuant to
proposed law shall be considered confidential and shall not be, without the consent of the
person tested or screened, disclosed to any person who is not connected with the district
attorney, counsel for the person tested or screened pursuant to proposed law, a treatment
professional, or the court. Further provides that such records and information shall not be
admissible in any civil or criminal action or proceeding, except for the purposes of
determining suitability or eligibility of the person for any drug or specialty court program.
Proposed law provides that the expenses and costs incurred relative to the mandatory drug
testing and the screening required by proposed law shall be deemed to be an approved
purpose for use of opioid funds. Further provides that if sufficient funds do not exist for the
reimbursement of the expenses and costs of mandatory testing and screening, the provisions
of proposed law may still be enforced at the discretion of the governing authority responsible
for funding those provisions.
Present law (C.Cr.P. Art. 320(E)) provides for the implementation of a pretrial drug testing
program and that all persons released under these provisions shall submit to continued
random testing and refrain from the use or possession of any controlled dangerous substance
or any substance designated by the court. Further provides for mandatory requirements of
the program.
Proposed law retains present law in general relative to the implementation of a pretrial drug
testing program.
Present law (C.Cr.P. Art. 320(E)(1)) provides that one of the requirements of a pretrial drug
testing program is mandatory participation for all persons arrested for violations of state law
and all persons testing positive for the presence of one or more of the designated substances
set forth in present law, who are not otherwise required to participate.
Proposed law amends present law to remove the mandatory participation in a pretrial drug
testing program for all persons arrested for violations of state law.
Present law (C.Cr.P. Art. 893(B)(2)) provides that after a third or fourth conviction of
operating a vehicle while intoxicated pursuant to present law (R.S. 14:98), the court may
suspend, in whole or in part, the imposition or execution of the sentence when the defendant
was not offered such alternatives prior to his fourth conviction of operating a vehicle while
intoxicated and certain conditions exist.
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HB NO. 633
Proposed law amends present law to add an eligibility condition that the defendant does not
meet the requirements set forth in proposed law (C.Cr.P. 893(F)).
Proposed law (C.Cr.P. Art. 893(F)) 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 considered
suitable for a drug or specialty court program pursuant to proposed law (C.Cr.P. Art. 904),
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 shall file his objection with written reasons into the record.
Proposed law provides that if the district attorney files an objection into the record, or if the
court determines that a specialty court program is not available for the defendant, the court
may sentence the defendant to any sentence provided for the offense by law.
Proposed law provides that when suspension of sentence is allowed pursuant to proposed
law, the defendant may be placed on probation under the supervision of the division of
probation and parole, or under the supervision of a probation office, agency, or officer
designated by the court.
Proposed law provides that the period of probation shall be specified and shall not exceed
three years, except as provided in proposed law (C.Cr.P. Art. 893(H)). Further provides that
the suspended sentence shall be regarded as a sentence for the purpose of granting or
denying a motion for new trial or appeal.
Proposed law provides that upon motion of the defendant, if the court finds at the conclusion
of the probationary period that the probation of the defendant has been satisfactory, the court
may set the conviction aside and dismiss the prosecution. Further provides that the dismissal
of the prosecution shall have the same effect as an acquittal, except that the conviction may
be considered as a first offense and provide the basis for a subsequent prosecution of the
party as a habitual offender, except as provided in present law (R.S. 15:529.1(C)(3)).
Proposed law provides that the conviction also may be considered as a prior offense for
purposes of any other provision of law relating to cumulation of offenses. Further provides
that dismissal pursuant to proposed law shall occur only once with respect to any person.
Proposed law (C.Cr.P. Art. 904) provides that a defendant shall 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 the statutory eligibility requirements for participation in a drug
or specialty court program.
(2)There is a relationship between the use of alcohol or drugs and the offense before the
court.
(3)The defendant has tested positive on a drug test and has been screened and
determined suitable pursuant to C.Cr.P. Art. 320(D), or the defendant has been
screened and determined suitable upon request of the defendant or as ordered by the
court.
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HB NO. 633
Proposed law provides that a defendant who meets the criteria set forth in proposed law shall
be assessed by a licensed treatment professional designated by the court. Further provides
that the treatment professionals shall be credentialed or licensed by the state of La. and
possess sufficient experience in working with clients who have alcohol or drug abuse or
addiction issues or mental illness.
Proposed law provides that the designated treatment professional shall perform an
assessment of the defendant, utilizing validated assessment tools, to determine whether the
defendant is suitable for a treatment program, and shall report the results of the assessment
and evaluation to the court, the district attorney, the defendant, and counsel for the defendant
along with a recommendation as to whether or not the defendant is suitable for a drug or
specialty court program.
Proposed law provides that the court shall inform the defendant that the designated treatment
professional may request that the defendant provide the following information to the court:
(1)Information regarding prior criminal charges.
(2)Education, work experience, and training.
(3)Family history, including residence in the community.
(4)Medical and mental health history, including any psychiatric or psychological
treatment or counseling.
(5) Any other information reasonably related to the success of the treatment program.
Proposed law provides that all records and information provided by the defendant to the
designated treatment professional for the purposes of screening or assessment shall be
considered confidential and shall not be disclosed, without the consent of the defendant, to
any person who is not connected with the treatment professional, treatment facility, district
attorney, counsel for defendant, or the court.
Proposed law shall not restrict the use of records and information 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 records or information shall not be
published or otherwise disseminated in any manner that discloses the name or identifying
information of the defendant.
Proposed law provides that no statement or any information obtained therefrom, that is made
to any designated treatment professional with respect to a specific offense with which the
defendant is charged, shall be admissible in any civil or criminal action or proceeding,
except for the purposes of determining the suitability or eligibility of the defendant for a
drug or specialty court program.
Proposed law provides that any person who completes the program established pursuant
proposed law shall be entitled to the automatic expungement of his record of arrest and
conviction of the violation that necessitated participation in the program established pursuant
to proposed law.
Present law (R.S. 15:529.1(C)(3)) provides that a conviction for a felony offense that is not
a crime of violence as defined by present law (R.S. 14:2(B)) and that has been set aside and
dismissed pursuant to present law (C.Cr.P. Art. 893(E)(2), (3) or (4)) shall not be considered
as a prior conviction for purposes of enhancing a felony that is not a crime of violence and
shall not be included in the computation of the five-year time period or the 10-year time
period for purposes of enhancing a felony that is not a crime of violence.
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HB NO. 633
Proposed law retains present law and provides for a cross reference relative to an offender
whose sentence is suspended due to the offender's suitability for a drug or specialty court.
Proposed law provides that additional funding for the administration of drug and other
specialty courts shall be subject to appropriation by the legislature.
(Amends C.Cr.P. Arts. 320(D) and (E)(intro. para.) and (1) and 893(A)(1)(a), (B)(3), and
(F)-(H), R.S. 13:5304(B)(3)(b), and R.S. 15:529.1(C)(3); Adds C.Cr.P. Arts. 893(B)(2)(c)
and (I) and 904)
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