§ 28:59 — Commitment of prisoners

§59. Commitment of prisoners
A. Any person found not guilty by reason of insanity by a criminal court may be
ordered to the proper institution in accordance with Code of Criminal Procedure Article 654
et seq.
B. Any person who is determined to lack the capacity to proceed, who will not attain
the capacity to proceed with his trial in the foreseeable future, and who is not a danger to
himself or others, shall be discharged in accordance with Code of Criminal Procedure Article
648 et seq. However, this release is without prejudice to any right the state may have to
institute civil commitment proceedings pursuant to R.S. 28:53 or 54. Furthermore, this
person may be held in a treatment facility for a reasonable time period pending the judicial
commitment hearing. If judicial commitment proceedings are necessary, they shall be
instituted pursuant to Code of Criminal Procedure Article 648(B)(3) after a determination
that the person will not attain the capacity to proceed with his trial.
C. Any person serving a sentence who develops a mental illness may be committed
to the proper institution in the manner provided for judicial commitment by the district court
of the place of incarceration and contradictorily with the director or administrator of the place
of incarceration or with the sheriff of that parish. The period of commitment shall be
credited against the sentence imposed by the court.
D. The department shall designate treatment facilities for the care of clients who
have a mental illness committed in accordance with this Section.

Legislative History

Amended by Acts 1974, No. 294, §1; Acts 1977, No. 714, §1; Acts 1978, No. 782, §1, eff. July 17, 1978; Acts 1987, No. 928, §2, eff. July 20, 1987; Acts 1990, No. 489, §1; Acts 2017, No. 369, §2; Acts 2017, No. 370, §1, eff. June 23, 2017.