RS 13:5355

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RS 13:5355

§5355. Eligibility and exclusion

A. A criminal defendant may be admitted to a mental health court program if all of the following criteria are met:

(1)A diagnosis by a qualified mental health professional of mental illness or co-occurring mental illness and substance abuse.

(2)Consent of the prosecutor and the court assigned to the criminal defendant's case.

(3)Consent of the defendant.

B. A criminal defendant may be excluded from a mental health court program if any of the following occurs:

(1)The defendant fails to demonstrate a willingness to participate in a recommended mental health court program.

(2)The criminal defendant has, within the previous ten years not including incarceration time, been convicted of any one of the following enumerated crimes:

(a)First or second degree murder.

(b)Aggravated or criminal sexual assault, including sexual assault of a child.

(c)Armed robbery.

(d)Arson.

(e)Stalking.

(f)Any crimes of violence involving the discharge of a firearm.

Acts 2013, No. 346, §1.