Mental Health Courts Pass Senate/House

Article archive / June 1, 2013

Originally published: . Volume 4, No. 10. Source pages: 6.

Senate Bill 71 by Broome passed through both houses and is on its way to be signed by the Governor. SB 71 authorizes mental health court treatment programs in Louisiana. The proposed law defines these mental health court treatment programs, including mental health court program, mental health court professional, post–adjudicatory mental health court programs, and co-occurring mental illness and substance abuse issues.

Debate in the House amended the original bill, deleting the provisions authorizing the chief judge of each judicial district to establish a mental health court program, and adding provisions allowing each district court to do so by rule.

The House also added a provision authorizing placing a defendant on probation while participating in the treatment program and the resulting sentencing options following that placement on probation.

Also added was a provision to allow the district attorney to file a motion to have the defendant dismissed from the program and to require the district attorney to provide reasons for the dismissal.

The proposed law will provide 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. The mental health court program may designate a court liaison to monitor the progress of defendants in their assigned treatment programs on behalf of the court.

The program excludes crimes of (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.


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