Article archive / April 1, 2013
Originally published: . Volume 4, No. 8. Source pages: 7.
HB 71 by Broom: “Proposed law authorizes mental health court treatment programs in Louisiana.”
“Provides findings relative to the impact of mental illness and substance abuse issues on the criminal justice system.
“Proposed law provides definitions for terms related to mental health court treatment programs, including mental health court program, mental health court professional, both pre- and post-adjudicatory mental health court programs, combination programs, and co- occurring mental illness and substance abuse issues.
“Proposed law provides relative to eligibility for mental health court programs.
“Proposed law provides criteria for exclusion from mental health court programs, including enumerated crimes which require such exclusion: (1) First and second degree murder (2) Aggravated or criminal sexual assault (including sexual assault of a child). (3) Armed robbery (4) Arson (5) Stalking (6) Any offense involving discharge of a firearm.
“Proposed law provides procedures to be utilized in operating a mental health court treatment program, including a regimen of graduated requirements, rewards, and sanctions.
“Proposed law provides for mental health court treatment programs to maintain or collaborate with a network of programs which deal with mental illness and co- occurring mental illness and substance abuse issues.”
From the bill: " ‘Mental health court’ or ‘mental health court program’ means a structured judicial intervention process for mental health treatment of eligible criminal defendants that includes mental health court professionals, local social programs, and intensive judicial monitoring in support of such defendants.
“ ‘Mental health court professional’ means a member of the mental health court team, including but not limited to a judge, prosecutor, defense attorney, probation officer, coordinator, treatment provider, or peer recovery.
“The Legislature of Louisiana recognizes that a significant percentage of criminal defendants have a diagnosable mental illness. B. The legislature further recognizes that such mental illnesses tend to have a negative effect on the criminal justice system in the state of Louisiana. C. The legislature further recognizes that mental illness and substance abuse issues co-occur in a substantial percentage of criminal defendants. D. The legislature further recognizes the critical need for a program within the criminal justice system designed to reduce the number of defendants with either mental illness issues or co-occurring mental illness and substance issues. E. Such programs would also seek to address recidivism percentages among criminal defendants dealing with both mental illness and co-occurring mental illness and substance abuse issues thus reducing the incidence of crimes committed as a result of mental illness and co-occurring mental illness and substance abuse issues. F. It is therefore the intent of the Legislature of Louisiana to provide for the creation of specialized mental health courts with the necessary flexibility to address the issues of criminal defendants with either mental illness or co- occurring mental illness and substance abuse difficulties.”
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