Louisiana Code of Criminal Procedure 657.3 – Active supervised release for dangerous but not mentally ill committed persons
Terms Used In Louisiana Code of Criminal Procedure 657.3
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
A. Notwithstanding any other provision of law to the contrary, the state may seek active supervised release by the Department of Public Safety and Corrections, office of probation and parole, of a committed person based upon the committed person’s continued dangerousness even if the committed person does not have a mental illness as defined by this Article, if both of the following conditions are satisfied:
(1) The committed person was found not guilty by reason of insanity for any of the following offenses or attempts to commit any of them:
(a) Any crime punishable by death or by life imprisonment.
(b) Any crime that is either a crime of violence as defined by La. Rev. Stat. 14:2(B) or a sex offense as defined by La. Rev. Stat. 15:541.
(2) The state proves by clear and convincing evidence that the committed person is dangerous to others or dangerous to himself as defined by La. Rev. Stat. 28:2. In satisfying its burden of proof, the state may not rely solely upon the nature of the crime for which the committed person was found not guilty by reason of insanity and may not rely solely upon the diagnosis of any personality disorder.
B. Upon satisfaction of the criteria for active supervised release provided in Paragraph A of this Article and consideration of any report filed pursuant to Articles 655 and 656, the court shall order the committed person to be placed on active supervised release with any special conditions recommended to the court as well as any conditions of probation provided in Article 895 et seq. for a period not to exceed three years. Such period may be extended in three-year increments upon motion of the district attorney and proof that the committed person still satisfies the criteria for active supervised release under this Article. Under no circumstances shall a committed person who is on active supervised release pursuant to this Article be subject to a probation period that is longer than the maximum term that the committed person would have received if the committed person had been convicted of the offense.
C. When the committed person is placed on active supervised release, the clerk of court shall deliver a certificate to him setting forth the conditions of his release. The committed person shall be required to agree in writing to the conditions of his release.
D. When the committed person has violated or is suspected of violating the conditions of his release, the committed person may be arrested and detained pursuant to Article 899.
E. Nothing in this Article shall be construed as abrogating or negating any other provision of this Chapter or any other provision of law relative to the continued commitment, discharge, or conditional release of a person committed pursuant to Article 654.
F. For the purposes of this Title, “mental illness” means a psychiatric disorder which has substantial adverse effects on a person’s ability to function and requires care and treatment. It does not refer to a person with, solely, an intellectual disability, or who suffers solely from epilepsy or a substance-related or addictive disorder.
Acts 2024, No. 43, §1.