Provides relative to the execution of an order for protective custody and examination. (gov sig)
Impact
The bill modifies existing statutes related to how law enforcement and coroners can handle situations where protective custody is necessary. It establishes a framework for gaining judicial approval for forcible entry, which emphasizes the need for probable cause as determined by an affidavit accompanying the application for the court order. Notably, this legislation enhances the protections for coroners and their staff by providing them immunity from civil liability for actions taken in good faith while enforcing protective custody orders, except in cases of gross negligence or willful misconduct.
Summary
Senate Bill No. 72 addresses procedural changes regarding the execution of orders for protective custody and examination in Louisiana. The bill allows a coroner, accompanied by law enforcement, to apply for a court order permitting forcible entry into a structure if access is refused by the individual in question after a mental health professional has attempted to intervene. This measure aims to streamline the process of ensuring individuals in need receive appropriate mental health care, enabling health professionals and law enforcement to act swiftly when necessary.
Sentiment
The sentiment surrounding SB72 appears generally supportive, particularly among legislative members focused on mental health and public safety. Proponents argue that the bill facilitates a critical intervention process for individuals who may pose a danger to themselves or others due to mental health issues. However, there may be concerns about potential overreach and the implications of allowing forceful entry by government officials, which could raise issues around civil liberties and individual rights.
Contention
A notable point of contention regarding SB72 is the balance between ensuring community safety and protecting individual rights. Critics may raise concerns regarding the potential misuse of authority granted to coroners and law enforcement, especially in instances of forced entry. Additionally, stakeholders might debate the adequacy of the safeguards in place to protect those subjected to forced custody, particularly in light of the limitations on civil liability for officials involved in the process.
Provides relative to terminology of court-ordered and other mandatory examinations in civil and administrative matters and claims. (gov sig) (EGF NO IMPACT See Note)