Louisiana Commitment of Convicted

State:
Louisiana
Control #:
LA-EW-132
Format:
PDF
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Commitment of Convicted

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FAQ

An arraignment in Louisiana is the first court appearance in criminal court in Louisiana. Prior to the arraignment, the prosecutor either filed a bill of information, which is the formal charge, or the grand jury returned a true bill indictinhg the defendant. The arraignment is then set.

Involuntary Patients You have the right to refuse medical treatment or treatment with medications (except in an emergency) unless a capacity hearing is held and a hearing officer or a judge finds that you do not have the capacity to consent to or refuse treatment.

The criteria for involuntary hospitalization are as follows: patients must exhibit dangerous behavior toward themselves or others, they must be helpless and unable to provide for their basic daily needs, and there is a danger of essential harm to their mental health if they do not receive mental care.

(1) A motion by the defendant for a speedy trial, in order to be valid, must be accompanied by an affidavit by defendant's counsel certifying that the defendant and his counsel are prepared to proceed to trial within the delays set forth in this Article.

The three strikes law or multiple offender law allows the district attorney to charge a person as a multiple or habitual offender after he has been convicted of more than one felony offense.A person who is convicted of a felony offense in Louisiana will face much harsher penalties for subsequent felonies.

The laws for Treatment Orders vary by state, but generally speaking, a mental health professional can apply for an order, which must then be approved by a legal authority such as a magistrate or tribunal.

The state has to bring you to trial with 120 days if you are accused of a felony and 30 days if you are accused of a misdemeanor and are still being held in custody. If you have bonded out, the State has 180 days to bring you to trial on a felony charge and 60 days to bring you to trial on a misdemeanor charge.

Louisiana, 504 U.S. 71 (1992) Under Louisiana law, a criminal defendant found not guilty by reason of insanity may be committed to a psychiatric hospital. If he is found to be dangerous, he may be returned to the hospital whether or not he is then mentally ill.

Louisiana is the only state where a medical examiner or coroner is involved in the involuntary commitment of people who are mentally ill. If a family or friend believes their loved one is might be suffering from a mental illness, they can contact a coroner and ask for an "order of protective custody".

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Louisiana Commitment of Convicted