§409.5. Restrictions and examination
A.
(1)(a) If a law enforcement agency, based on its investigation as required by R.S.
17:409.4(B)(1), determines that a student's threat is credible, it shall report it to the district
attorney, who may file a petition no later than seven days after receiving such report with the
appropriate judicial district court for medical, psychological, and psychiatric examination as
outlined in this Subsection. Where the district attorney, in his discretion, decides not to file
the petition or does not file such petition during the requisite period, the student who is the
subject of a complaint and investigation shall be permitted to return to school unless the
student is charged with assault on a teacher as provided in R.S. 14:38.2 or battery on a
teacher as prov
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§409.5. Restrictions and examination
A.(1)(a) If a law enforcement agency, based on its investigation as required by R.S.
17:409.4(B)(1), determines that a student's threat is credible, it shall report it to the district
attorney, who may file a petition no later than seven days after receiving such report with the
appropriate judicial district court for medical, psychological, and psychiatric examination as
outlined in this Subsection. Where the district attorney, in his discretion, decides not to file
the petition or does not file such petition during the requisite period, the student who is the
subject of a complaint and investigation shall be permitted to return to school unless the
student is charged with assault on a teacher as provided in R.S. 14:38.2 or battery on a
teacher as provided in R.S. 14:34.3. The school administration shall permit a student who
is the subject of a complaint and investigation to return to school if at any point prior to a
hearing the threat is determined not to be credible after an investigation by the school
administration, a law enforcement agency, or the district attorney or by order of the court
after a hearing unless the student is charged with assault on a teacher as provided in R.S.
14:38.2 or battery on a teacher as provided in R.S. 14:34.3. The school administrator shall
notify any person who was a target of the threat at least two school days prior to the student's
return. The school administrator or his designee may conduct a search of the student or his
property for weapons upon the student's return.
(b) The appropriate judicial district court, for purposes of this Section, is either the
district court having jurisdiction in the place where the school that is the subject of the threat
is located or the district court having jurisdiction in the place where the student resides.
(2)(a) As soon as practical after the filing of the petition, the court shall review the
petition and supporting documents and determine whether there exists probable cause to
believe that the student is a danger to himself or others.
(b) If the court determines that probable cause exists:
(i) The court shall assign a time and place not later than seven calendar days
thereafter for a hearing upon the petition and shall cause reasonable notice thereof to be
given to the student, his attorney, and the petitioner. The notice shall inform the student that
he has the right to be present at the hearing; the right to counsel; if indigent or otherwise
qualified, the right to have counsel appointed to represent him; and the right to cross examine
witnesses testifying at any hearing on such application.
(ii) The court may appoint the student's treating physician if available or, if not, then
another medical professional, preferably a psychiatrist, or a mental health professional, such
as a school psychologist, to examine the student and make a written report to the court and
the student's attorney.
(3) An examination order by the court pursuant to this Subsection shall be conducted
as soon as practical, and the examining medical or mental health professional shall report to
the court any conclusions reached as a result of the examination. The medical or mental
health professional shall consider whether:
(a) The student is suffering from serious mental illness which causes him to be a
danger to himself or others.
(b) The student's condition is likely to deteriorate unless he is provided appropriate
treatment.
(c) The student's condition is likely to improve if he is provided appropriate
treatment.
(4) The student or his attorney shall have the right to seek an additional independent
medical or mental health opinion.
(5)(a) If the student refuses to be examined by the court-appointed medical or mental
health professional or if the judge, after reviewing the petition and affidavit and the report
of the treating medical or mental health professional, finds that the student is a danger to
himself or others, that he is mentally ill or suffering from substance abuse and in need of
immediate hospitalization to protect himself or others from physical harm, or that his
condition may be markedly worsened by delay, the court may issue a court order for custody
of the student, and a peace officer shall deliver him to a treatment facility designated by the
court. The court shall not order custody to the Louisiana Department of Health or placement
with a Louisiana Department of Health treatment facility without prior notice given to the
department.
(b) If the judge, after reviewing the petition and affidavit or the report of the treating
medical or mental health professional, finds that the student is not a danger to himself or
others and is not in need of immediate hospitalization to protect himself or others from
physical harm, the court may require that the student continue outpatient mental health
treatment as a condition of the order. Such condition of outpatient mental health treatment
shall be for a finite time that shall not exceed six months.
B. If the person who is reported to a local law enforcement agency pursuant to R.S.
17:409.3(A) is not a student, the person shall not be permitted to be within five hundred feet
of any school until the person has undergone a formal medical or mental health evaluation
and has been deemed by a healthcare professional to not be dangerous to himself or others.
After such a determination, the person shall not be permitted in a school unless the person
has notified the school administrator of his intent to visit the school and the person is notified
that the administrator has provided at least two school days' notice regarding the visit to
anyone in the school who was directly threatened by the person. The school administrator
may deny such person the right to visit the school.
C. No person shall have a cause of action against any person for an action taken or
statement made in adherence with this Section unless based on conduct that is maliciously,
willfully, and deliberately intended to cause harm or harass.