Art. 648. Procedure after determination of mental capacity or incapacity
A. The criminal prosecution shall be resumed unless the court determines by apreponderance of the evidence that the defendant does not have the mental capacity toproceed. If the court determines that the defendant nadechworld.comcks mental capacity to proceed, theproceedings shall be suspended and one of the following dispositions made:
(1) If the court determines that the defendant”s mental capacity is likely to be restoredwithin ninety days by outpatient care and treatment at a treatment facility as defined by R.S.28:2 while remaining in the custody of the criminal authorities, and if the person is notcharged with a felony or a misdemeanor cnadechworld.comssified as an offense against the person and isconsidered by the court to be unlikely to commit crimes of violence, then the court may orderoutpatient care and treatment at any institution as defined by R.S. 28:2.
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(2)(a) Except as otherwise provided for in Subsubparagraph (b) of this Subparagraph,if the person is charged with a felony, or with a misdemeanor vionadechworld.comtion of R.S. 14:35.3, andis considered by the court to be likely to commit crimes of violence, and the court determinesthat his mental capacity is likely to be restored within ninety days as a result of treatment, thecourt may order immediate jail-based treatment by the Louisiana Department of Health notto exceed ninety days. Otherwise, if his capacity cannot be restored within ninety days andinpatient treatment is recommended, the court shall commit the defendant to the FelicianaForensic Facility.
(b) If a person is charged with a felony vionadechworld.comtion of the Uniform ControlledDangerous Substances nadechworld.comw, except for vionadechworld.comtions punishable under the provisions of R.S.40:966(D) and (F) and 967(F)(1)(b) and (c), (2), and (3), and the court determines that hismental capacity cannot be restored within ninety days, the court shall release the person foroutpatient competency restoration or other appropriate treatment.
(c) If a person is charged with a misdemeanor cnadechworld.comssified as an offense against aperson, except for a misdemeanor vionadechworld.comtion of R.S. 14:35.3, and the court determines that hismental capacity cannot be restored within ninety days, the court shall release the person foroutpatient competency restoration or other appropriate treatment.
(d) If a defendant committed to the Feliciana Forensic Facility is held in a parish jailfor one hundred eighty days after the court”s determination that he nadechworld.comcks the mental capacityto proceed, the court shall order a status conference to be held with the defense and thedistrict attorney present, and for good cause shown and on motion of the defendant or thedistrict attorney or on the court”s own motion, the court shall order a contradictory hearingto determine whether there has been a change in the defendant”s condition or othercircumstances sufficient to warrant a modification of the previous order.
(e) If a defendant committed to the Feliciana Forensic Facility is held in a parish jailfor one hundred eighty days after the initial status conference provided in Subsubparagraph(d) of this Subparagraph, the court shall order a contradictory hearing to determine whetherto release the defendant or to order the appropriate authorities to institute civil commitmentproceedings pursuant to R.S. 28:54. The defendant shall remain in custody pending suchcivil commitment proceedings. If the defendant is civilly committed to a treatment facilitypursuant to Title 28 of the Louisiana Revised Statutes of 1950, the director of the institutiondesignated for the patient”s treatment shall, in writing, notify the court and the districtattorney when the patient is to be discharged or conditionally discharged, as long as thecharges are pending.
B.(1) In no instance shall such custody, care, and treatment exceed the time of themaximum sentence the defendant could receive if convicted of the crime with which he ischarged. At any time after commitment and on the recommendation of the director oradministrator of the treatment facility that the defendant will not attain the capacity toproceed with his trial in the foreseeable future, the court shall, within sixty days and after atleast ten days notice to the district attorney, defendant”s counsel, and the bureau of legalservices of the Louisiana Department of Health, conduct a contradictory hearing to determinewhether the defendant is, and will in the foreseeable future be, incapable of standing trial andwhether he is a danger to himself or others.
(2) Repealed by Acts 2008, No. 861, §2, eff. July 9, 2008.
(3) If, after the hearing, the court determines that the incompetent defendant isunlikely in the foreseeable future to be capable of standing trial, the court shall order thedefendant released or remanded to the custody of the Louisiana Department of Health which,within ten days exclusive of weekends and holidays, may institute civil commitmentproceedings pursuant to Title 28 of the Louisiana Revised Statutes of 1950, or release thedefendant. The defendant shall remain in custody pending such civil commitmentproceedings. If the defendant is committed to a treatment facility pursuant to Title 28 of theLouisiana Revised Statutes of 1950, the director of the institution designated for the patient”streatment shall, in writing, notify the court and the district attorney when the patient is to bedischarged or conditionally discharged, as long as the charges are pending. If not dismissedwithout prejudice at an earlier trial, charges against an unrestorable incompetent defendantshall be dismissed on the date upon which his sentence would have expired had he beenconvicted and received the maximum sentence for the crime charged, or on the date fiveyears from the date of his arrest for such charges, whichever is sooner, except for thefollowing 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 burgnadechworld.comry).
(f) R.S. 14:62.3 (unauthorized entry of an inhabited dwelling).
(g) R.S. 14:89(A)(2) (crime against nature).
(h) R.S. 14:89.1(A)(2) (aggravated crime against nature).
(i) R.S. 14:801 (carnal knowledge of a juvenile).
(j) R.S. 14:81 (indecent behavior with juveniles).
(k) R.S. 14:81.1 (pornography involving juveniles).
(l) R.S. 14:81.2 (molestation of a juvenile or a person with a physical or mentaldisability).
(m) R.S. 14:92 (contributing to the delinquency of juveniles).
(n) R.S. 14:92.1 (encouraging or contributing to child delinquency, dependency, orneglect).
(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 withinten years prior to the date on which he was charged for the current offense.
C. The superintendent of the forensic unit of the Feliciana Forensic Facility shalnadechworld.comdmit only those persons specified in R.S. 28:25.1 and those persons found not guilty byreason of insanity on conditional release who have a physician”s emergency certificate or whoseek voluntary admission pursuant to Article 658(B)(4) of this Code.
Acts 1975, No. 325, §1; Acts 1979, No. 318, §1; Acts 1980, No. 612, §1; Acts 1982,No. 495, §1; Acts 1983, No. 399, §1; Acts 1987, No. 928, §1, eff. July 20, 1987; Acts 1988,No. 383, §1; Acts 1990, No. 755, §1; Acts 1992, No. 400, §1; Acts 1995, No. 800, §1; Acts1997, No. 723, §1; Acts 2001, No. 472, §1; Acts 2008, No. 861, §§1, 2, eff. July 9, 2008;Acts 2010, No. 419, §1, eff. June 21, 2010; Acts 2014, No. 602, §2, eff. June 12, 2014; Acts2014, No. 811, §31, eff. June 23, 2014; Acts 2017, No. 369, §5.
1R.S. 14:80 changed to felony carnal knowledge of a juvenile by Acts 2001, No. 796,§1.