Key Information

Relevant Statutes and Rules

La. Code Crim. Proc. Ann. art. 641 et seq.

What proceedings can occur while the defendant is incompetent

None stated.

Number of examiners required

2 (called a sanity commission of at least 2, not more than 3)

La. Code Crim. Proc. Ann. art. 644(A)
 

Qualifications of examiners

(1) Licensed to practice medicine in La.
(2) in the actual practice of medicine for not less than three consecutive years immediately preceding the appointment,
(3) qualified by training or experience in forensic evaluations.
(4) at least one member of the sanity commission must be a psychiatrist, or a clinical psychologist if a psychiatrist is not available.
(5) no more than one member of the commission may be the coroner or his/her deputies.

EXCEPT Court may appoint in lieu of one physician, a clinical psychologist or medical psychologist who is licensed to practice psychology in Louisiana, who has been engaged in the practice of clinical or counseling psychology for not less than three consecutive years immediately preceding the appointment, and who is qualified by training or experience in forensic evaluations. La. Code Crim. Proc. Ann. art. 644(A)

EXCEPT Court may appoint the local mental health unit to conduct the examination (with a different set of requirements than above). La. Code Crim. Proc. Ann. art. 644(D)

La. Code Crim. Proc. Ann. art. 644(A)

What must the evaluation report contain

(a) The defendant's capacity to understand the proceedings against him.
(b) His ability to assist in his defense.
(c) His need for inpatient hospitalization in the event he is found incompetent.

La. Code Crim. Proc. Ann. art. 645

Are low-level offenses excluded from restoration

None stated.

Is there a pathway for diversion following a finding of incompetence to stand trial

None stated.

What are the locations for restoration services

Outpatient if 
(1) defendant likely to be restored within 90 days by outpatient care and treatment, is not charged with a felony or misdemeanor offense against a person, and is not likely to commit a crime of violence, OR
(2) charged with misdemeanor against a person (other than a domestic battery charge), and cannot be restored within 90 days, OR
(3) charged with felony violation of Uniform Controlled Dangerous Substances Law (other than  R.S. 40:966(D) and (F) and 967(F)(1)(b) and (c), (2), and (3)) and cannot be restored in 90 days. 
 La. Code Crim. Proc. Ann. art. 648(A)(1), (A)(2)(b), (A)(2)(c)

Jail-based if
(1) the person is charged with a felony, or with a misdemeanor violation of R.S. 14:35.3, and is considered by the court to be likely to commit crimes of violence, and the court determines that his mental capacity is likely to be restored within ninety days as a result of treatment.  La. Code Crim. Proc. Ann. art. 648(A)(2)(a).

Inpatient if
(1) the person is charged with a felony, or with a misdemeanor violation of R.S. 14:35.3, and is considered by the court to be likely to commit crimes of violence, and the court determines that he cannot be restored within 90 days and inpatient treatment is recommended. La. Code Crim. Proc. Ann. art. 648(A)(2)(a).
 

What is the test for restorability

Unlikely in the foreseeable future to be capable of standing trial. La. Code Crim. Proc. Ann. art. 648(B)(3)

What is the procedure after restoration

At any time after a defendant's commitment, if either the superintendent of the mental institution or the administrator of outreach forensic services reports to the committing court that the defendant presently has the mental capacity to proceed, the defendant, if hospitalized, shall be discharged from the mental institution and released to the custody of the sheriff of the parish from which the defendant was committed, and the court shall hold a contradictory hearing within thirty days on that issue. No defendant shall be released prior to the holding of the contradictory hearing on his release unless the office of the district attorney in charge of the prosecution of the defendant receives seven days notice of the pending release of the defendant.

La. Code Crim. Proc. Ann. art. 649(A)

The district attorney or the defense may apply to the court to have the proceedings resumed, on the ground that the defendant presently has the mental capacity to proceed. Upon receipt of such application the court shall hold a contradictory hearing to determine if there is reasonable ground to believe that the defendant presently has the mental capacity to proceed.

La. Code Crim. Proc. Ann. art. 649(C)

What is the procedure if there is a finding of unrestorability

The court shall order the defendant released or remanded to the custody of the Louisiana Department of Health which, within ten days exclusive of weekends and holidays, may institute civil commitment proceedings pursuant to Title 28 of the Louisiana Revised Statutes of 1950, or release the defendant. The defendant shall remain in custody pending such civil commitment proceedings. If the defendant is committed to a treatment facility pursuant to Title 28 of the Louisiana Revised Statutes of 1950, the director of the institution designated for the patient's treatment shall, in writing, notify the court and the district attorney when the patient is to be discharged or conditionally discharged, as long as the charges are pending. If not dismissed without prejudice at an earlier trial, charges against an unrestorable incompetent defendant shall be dismissed on the date upon which his sentence would have expired had he been convicted and received the maximum sentence for the crime charged, or on the date five years from the date of his arrest for such charges, whichever is sooner, except for the following charges: (a) Charges of a crime of violence as defined in R.S. 14:2(B).
(b) R.S. 14:46 (false imprisonment).
(c) R.S. 14:46.1 (false imprisonment; offender armed with dangerous weapon).
(d) R.S. 14:52 (simple arson).
(e) R.S. 14:62 (simple burglary).
(f) R.S. 14:62.3 (unauthorized entry of an inhabited dwelling).
(g) R.S. 14:80 (carnal knowledge of a juvenile).1
(h) R.S. 14:81 (indecent behavior with juveniles).
(i) R.S. 14:81.1 (pornography involving juveniles).
(j) R.S. 14:81.2 (molestation of a juvenile or a person with a physical or mental disability).
(k) R.S. 14:89(A)(2) (crime against nature).
(l) R.S. 14:89.1(A)(2) (aggravated crime against nature).
(m) R.S. 14:92 (contributing to the delinquency of juveniles).
(n) R.S. 14:92.1 (encouraging or contributing to child delinquency, dependency, or neglect).
(o) R.S. 14:93 (cruelty to juveniles).
(p) R.S. 14:93.2.3 (second degree cruelty to juveniles).
(q) R.S. 14:93.3 (cruelty to persons with infirmities).
(r) R.S. 14:93.4 (exploitation of persons with infirmities).
(s) R.S. 14:93.5 (sexual battery of persons with infirmities).
(t) R.S. 14:102 (cruelty to animals).
(u) R.S. 14:106 (obscenity).
(v) R.S. 14:283 (video voyeurism).
(w) R.S. 14:284 (Peeping Tom).
(x) Charges against a defendant who has been convicted of a felony offense within ten years prior to the date on which he was charged for the current offense. La. Code Crim. Proc. Ann. art. 648(B)(3)

What are the time limits on initial transfer to restoration services

360 days for transfer to inpatient treatment. The court shall then order a contradictory hearing to determine whether to release the defendant or to order the appropriate authorities to institute civil commitment proceedings. 

La. Code Crim. Proc. Ann. art. 648(A)(2)(d), (e).

What are the time limits for treatment

N/A

What is the process if time limit is reached without restoration

None stated.

Are there prohibitions on revoking pretrial release or competency as a pre-trial release factor

None stated.

Time limits on treatment

Maximum sentence.

La. Code Crim. Proc. Ann. art. 648(B)(1)