§ 28:56 — Judicial commitment; review; appeals

Louisiana § 28:56

• Jurisdiction: Louisiana
• Title 28: Mental Health

Text

§56. Judicial commitment; review; appeals
A.(1)(a) Except as provided in Subparagraph (b) of this Paragraph, all judicial
commitments except those for alcohol use disorder shall be for a period not to exceed one
hundred eighty days. The period of commitment shall expire at the end of the judicial
commitment period, and the patient, if not converted to a voluntary status, shall be
discharged unless a petition for judicial commitment has been filed prior to the expiration
of the commitment period. If the court finds by clear and convincing evidence that the
patient is dangerous to self or others or is gravely disabled as a result of mental illness, it
shall render a judgment for his commitment for an additional period. Except as provided
in Subparagraph (b) of this Paragraph, each additional judicial commitment shall expire at
the end of one hundred eighty days.
(b) If a person has been judicially committed for four consecutive one-hundred-eighty-day periods pursuant to the provisions of Subparagraph (a) of this Paragraph and
during this time has not been conditionally discharged, the period of a subsequent judicial
commitment may exceed one hundred eighty days but shall not exceed one year.
(2)(a) The hearing on the petition shall be conducted according to the procedures and
standards set forth in R.S. 28:54 and 55, and this Section. The hearing may be held by the
district court for the judicial district in which the patient is being confined, or if not confined,
by the district court for the judicial district where he resides or may be found. The hearing
shall not be transferred to another district except for good cause shown.
(b) All judicial commitments shall be reviewed by the court issuing the order for
commitment every ninety days, except those for alcohol use disorder and except those
individuals committed pursuant to Code of Criminal Procedure Article 648(B) whose cases
shall continue to be reviewed annually. The director or administrator of the treatment facility
to which the person has been judicially committed shall issue reports to the court and to
counsel of record at these intervals setting forth the patient's response to treatment, his
current condition, and the reasons why continued involuntary treatment is necessary to
improve the patient's condition or to prevent it from deteriorating. These reports shall be
treated by the court as confidential and shall not be available for public examination, nor
shall they be subject to discovery in any proceedings other than those initiated pursuant to
this Title.
(3) The court may at any time, upon application or upon its own motion, order a new
hearing to be held in order to determine whether the involuntary status should be continued.
B. A commitment for alcohol use disorder shall expire after forty-five days and the
patient, if not converted to a voluntary status, shall be discharged, unless the court, upon
application by the director or administrator of the treatment facility, finds that continued
involuntary treatment is necessary and orders the patient recommitted for a period not to
exceed sixty days; however, not more than two such sixty-day recommitments may be
ordered in connection with the same continuous confinement.
C. Notwithstanding an order of judicial commitment, the director or administrator
of the treatment facility to which the individual is committed is encouraged to explore
treatment measures that are medically appropriate and less restrictive. The involuntary
commitment may be converted to a voluntary one in accordance with R.S. 28:52 or 52.2.
The director or administrator of the treatment facility shall inform the court of any action in
that regard. The director or administrator may discharge any patient if in his opinion, or
upon recommendation of the treating physician, discharge is appropriate. The director or
administrator shall not be legally responsible to any person for the subsequent acts or
behavior of a patient discharged in good faith.
D. A person who is judicially committed shall be allowed to appeal devolutively
from the order to the court of appeal. If the lower court finds the individual indigent, it shall
allow the appeal to be taken in forma pauperis. Upon perfection of an appeal, it shall be
heard in a summary manner, taking preference over all other cases except similar matters.
E. Upon affirmation of the order of commitment, the individual may apply for
appropriate writs from the supreme court which shall be heard in a summary manner.
F. Nothing in this Title shall deny the right of habeas corpus, including an
application based upon a change of circumstances.
G.(1) A person who is judicially committed may be conditionally discharged for a
period of up to one hundred twenty days by the director or administrator or by the court. The
patient may be required to report for outpatient treatment as a condition of his release. The
terms and conditions of the conditional discharge shall be specifically set forth in writing and
signed by the patient. A copy of the conditional discharge shall be given to the patient and
explained to him before he is discharged.
(2) If the patient is conditionally discharged by the director or administrator, a copy
of the conditional discharge shall be sent to the court which judicially committed him. If the
patient is conditionally discharged by the court, a copy of the conditional discharge shall be
sent to the facility to which the patient has been committed.
(3) If a patient does not comply with the terms and conditions of his conditional
discharge, he is subject to any of the procedures for involuntary treatment, including but not
limited to the issuance of an order for custody and the execution of an emergency certificate.
A conditionally discharged patient who is confined pursuant to any of these involuntary
procedures shall have all rights of an involuntary patient, including the right to demand a
probable cause hearing, the right to periodic reports and review, and a hearing pursuant to
Subsections A and B of this Section.
(4) An extension of a conditional discharge may be granted upon application by the
department or by the director or administrator of the treatment facility to the court and
notification to respondent's counsel of record. The court may grant the extension of the
conditional discharge for a period of up to one hundred twenty days. No further extension
may be made without a contradictory hearing. The burden of proof is on the department or
the director or administrator of the treatment facility to show why continuation of the
conditional discharge is necessary.
H. All patients presently unrepresented by privately retained counsel and who are the
subject of involuntary commitment under any prior statute shall have their cases reviewed
by attorneys provided by the mental health advocacy service within one year from the
effective date of this Section, or be discharged or be committed again according to the
provisions of this Chapter.
I. All judicial commitments involving a patient who has been found not guilty by
reason of insanity or who has been found to lack the capacity to proceed, shall be reviewed
in the manner as set forth in R.S. 15:211.

Legislative History

Amended by Acts 1972, No. 154, §1; Acts 1977, No. 714, §1; Acts 1978, No. 782, §1, eff. July 17, 1978; Acts 1979, No. 560, §1, eff. July 18, 1979; Acts 1979, No. 767, §1; Acts 1983, No. 516, §1; Acts 1984, No. 143, §1; Acts 1987, No. 928, §2, eff. July 20, 1987; Acts 1997, No. 985, §1; Acts 2017, No. 369, §2; Acts 2017, No. 370, §1, eff. June 23, 2017.