Louisiana Revised Statutes 28:31 – Findings
Terms Used In Louisiana Revised Statutes 28:31
- Department: means the Louisiana Louisiana Department of Health. See Louisiana Revised Statutes 28:32
- Forensic clients: means persons transitioned from a forensic facility established pursuant to Louisiana Revised Statutes 28:32
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
The legislature finds that there is a need for a secured residential facility for any person found not guilty of a crime by reason of insanity or found incompetent to stand trial after such person has been released from a state forensic facility. Historically, all secured residential facilities have been overseen by the Department of Children and Family Services under its authority to regulate traditional adult residential care homes. Nevertheless, it is now more appropriate and efficient for the Louisiana Department of Health to license and regulate secured residential facilities serving forensic clients due to the mental health issues of the residents, the fact that the individuals are discharged from forensic hospitals operated by the Louisiana Department of Health, and the security issues involved at such facilities. Thus, the licensing of secured residential facilities serving forensic clients shall be transferred from the Department of Children and Family Services to the Louisiana Department of Health and licensed as forensic supervised transitional residential and aftercare facilities in accordance with this Part. The licensing of all other adult residential care homes shall remain in the Department of Children and Family Services pursuant to La. Rev. Stat. 40:2151 through 2161.
Acts 2008, No. 332, §1, eff. June 17, 2008.