La. Code Crim. Proc. art. 904 — LA Code / Code code-of-criminal-procedure / Article 904
Mandatory assessment; suitability of defendant for drug or specialty court program
Status: in_force

A. A defendant shall be assessed for suitability for participation in a drug or specialty court program if all of the following criteria are met:

(1) The defendant meets the statutory eligibility requirements for participation in a drug or specialty court program.

(2) There is a relationship between the use of alcohol or drugs and the offense before the court.

(3) The defendant has tested positive on a drug test and has been screened and determined suitable pursuant to Article 320(D), or the defendant has been screened and determined suitable upon request of the defendant or as ordered by the court.

B.(1) A defendant who meets the criteria set forth in Paragraph A of this Article shall be assessed by a licensed treatment professional designated by the court. Treatment professionals shall be credentialed or licensed by the state of Louisiana and possess sufficient experience in working with clients who have alcohol or drug abuse or addiction issues or mental illness.

(2) The designated treatment professional shall perform an assessment of the defendant, utilizing validated assessment tools, to determine whether the defendant is suitable for a treatment program and shall report the results of the assessment and evaluation to the court, the district attorney, the defendant, and counsel for the defendant along with a recommendation as to whether or not the defendant is suitable for a drug or specialty court program.

(3) The court shall inform the defendant that the designated treatment professional may request that the defendant provide the following information to the court:

(a) Information regarding prior criminal charges.

(b) Education, work experience, and training.

(c) Family history, including residence in the community.

(d) Medical and mental health history, including any psychiatric or psychological treatment or counseling.

(e) Any other information reasonably related to the success of the treatment program.

C.(1) All records and information provided by the defendant to the designated treatment professional for the purposes of screening or assessment shall be considered confidential and shall not be disclosed, without the consent of the defendant, to any person who is not connected with the treatment professional, treatment facility, district attorney, counsel for the defendant, or the court.

(2) The provisions of Subparagraph (1) of this Paragraph shall not restrict the use of records and information for the purposes of research or evaluation of the mandatory screening procedures or the effectiveness of any drug or specialty court program, provided that the records or information shall not be published or otherwise disseminated in any manner that discloses the name or identifying information of the defendant.

D. No statement or any information obtained therefrom, that is made to any designated treatment professional with respect to a specific offense with which the defendant is charged, shall be admissible in any civil or criminal action or proceeding, except for the purposes of determining the suitability or eligibility of the defendant for a drug or specialty court program.

Acts 2024, 2 nd Ex. Sess., No. 4, §1, eff. July 1, 2024.