reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5218. Fees

RS 13:5218 - Fees
A. The plaintiff, upon filing an affidavit of claim, shall pay as court costs a fee of thirty-five dollars for each party made defendant. No other prejudgment costs, except those required by R.S. 13:10.3, shall be required of the plaintiff so long as the action remains in the program; provided that if the suit is amended or additional service of process is required, the court may require a fee of not more than twenty dollars for each additional service. Additionally, the court may require a fee of not more than twenty dollars for each subpoena issued. In accordance with the provisions of R.S. 49:225, no additional cost or fee shall be required when service of process is required to be made upon the secretary of state so long as the action remains in the program.
B. Costs may be waived for an indigent party who complies with the provisions of Code of Civil Procedure Articles 5181 through 5188.
C. The filing fee of thirty-five dollars shall be paid to the judge of the court as a fee in lieu of all other fees in each such case; however, all costs and expenses incurred shall be paid from the filing fee, except as otherwise provided.
Acts 2021, No. 281, §1.
NOTE: See R.S. 13:5226 regarding termination of this Part on Aug. 1, 2025.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5219. Answer and reconventional demand

RS 13:5219 - Answer and reconventional demand
A. A defendant shall register for an account within the program, link the claim to an existing account within the program, or seek an exemption from participating in the program within ten days of service of the affidavit of claim.
B. A defendant who seeks an exemption and is denied the exemption shall register for an account within the program or link the claim to an existing account within the program within ten days of receiving the denial.
C. If a defendant fails to register or request an exemption within the delays provided in this Section, the plaintiff may file a motion to enter a default judgment in an amount not to exceed the amount requested in the affidavit of claim.
D. While participating in the program, the defendant may raise and present evidence on any reconventional demand or counterclaim without the need to formally file a demand or claim. The program may result in an agreement with the defendant as the judgment creditor. However, if an agreement or settlement of the claim is not reached, the defendant may file a reconventional demand or counterclaim and pay the appropriate filing fee no later than ten days after referral to the clerk to set the matter for a trial de novo.
Acts 2021, No. 281, §1.
NOTE: See R.S. 13:5226 regarding termination of this Part on Aug. 1, 2025.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5220. Reconventional demand beyond jurisdiction; filing in court of competent jurisdiction; transfer of proceedings

RS 13:5220 - Reconventional demand beyond jurisdiction; filing in court of competent jurisdiction; transfer of proceedings
A. If a defendant has a claim against the plaintiff in such action for an amount over the jurisdiction of the small claims division as provided in R.S. 13:5202, but of a nature which may be asserted by a reconventional demand as authorized by Code of Civil Procedure Article 1061, the defendant may assert his claim in the manner provided by this Section, in order to secure consolidation for trial of the dispute with his own claim.
B. At any time prior to settlement of a claim, the defendant may commence an action against the plaintiff in a court of competent jurisdiction to assert a claim of the nature set forth by R.S. 13:5206(A), and file an affidavit that the reconventional demand is in excess of five thousand dollars with the judge of the small claims division in which the plaintiff has commenced the small claims action.
C. The defendant shall attach to the affidavit a true copy of his petition or reconventional demand so filed and shall pay the clerk of the small claims division a transmittal fee of ten dollars, in addition to the prescribed court costs for filing the reconventional demand, furnishing a copy of the affidavit and pleading to the plaintiff.
D. The judge shall order that the small claims division action be transferred to the ordinary docket of the court set forth in the affidavit, and the judge shall transmit to such court copies of the citation and any pleadings in the small claims action. The actions shall then be consolidated for trial in such other docket or court.
E. The plaintiff in the small claims action shall not be required to pay to the clerk of the court to which the action is so transferred any transmittal, appearance, or filing fee; although, upon adverse judgment, he may be taxed with costs as in the case of any other defendant.
Acts 2021, No. 281, §1.
NOTE: See R.S. 13:5226 regarding termination of this Part on Aug. 1, 2025.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5221. Settlement agreement

RS 13:5221 - Settlement agreement
A. A program facilitator shall guide the parties through the program and assist them in reaching a settlement. To reach a settlement, the facilitator may provide information to a party regarding procedure and may comment on the merits of the claim or defenses provided.
B. Once the facilitation has begun, if the plaintiff fails to respond to the facilitator within ten days, the facilitator may notify the defendant of the ability to file a request to dismiss the case.
C. If the parties settle the claim, the parties may request the facilitator prepare the online settlement agreement form to be executed by the parties, which shall set forth the terms agreed to by the parties and will state that if the judgment debtor breaches the agreement, the judgment creditor may ask the court to enter judgment in the amount that remains owing under the settlement agreement.
D. Either party may elect to have the court render a judgment at the time the settlement agreement is entered or after the judgment debtor fails to comply with the settlement agreement.
E. Settlement agreements that contain performance-related terms, such as the return of corporeal movable property or performance of a service, will not be enforceable by the court in event of a breach. The agreement shall provide for a monetary recovery in the event of nonperformance.
F. If the parties do not settle the claim, the facilitator shall terminate the program and notify the clerk of court to set the matter for a trial de novo. The facilitator shall provide the court with a concise description of the issues and as much relevant information as possible. The facilitator shall also assist the parties in preparing a form to submit to the court that includes information and documents provided during the program that are relevant to the dispute and agreed upon by both parties. The subsequent proceeding will be governed by R.S. 13:5200 et seq.
Acts 2021, No. 281, §1.
NOTE: See R.S. 13:5226 regarding termination of this Part on Aug. 1, 2025.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5222. Waiver of right to appeal

RS 13:5222 - Waiver of right to appeal
A. A plaintiff who files a complaint in the program shall be deemed to have waived his right to appeal unless the complaint is removed as provided in Subsection B of this Section or is transferred as provided in R.S. 13:5220.
B. A defendant shall be deemed to have waived his right to appeal unless, within the time allowed for filing an answer to the complaint, he files a written motion seeking removal of the action to the ordinary civil docket of the court in which the complaint is filed, which motion shall be granted immediately.
C. Upon removal as provided in Subsection B of this Section, a plaintiff shall not be required to pay for additional costs beyond those due under this Section. Any additional assessed costs shall be paid by the defendant mover.
Acts 2021, No. 281, §1.
NOTE: See R.S. 13:5226 regarding termination of this Part on Aug. 1, 2025.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5223. State agencies

RS 13:5223 - State agencies
The provisions of this Part shall not apply to agencies of the state.
Acts 2021, No. 281, §1.
NOTE: See R.S. 13:5226 regarding termination of this Part on Aug. 1, 2025.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5224. Clerk's role

RS 13:5224 - Clerk's role
If the parties do not settle the claim, the facilitator shall terminate the program and notify the clerk of court to set the matter for a trial de novo. The clerk of the small claims division shall prepare the citation summoning the defendant to answer as provided in Code of Civil Procedure Article 4902. The clerk shall send notice to the defendant by certified mail, return receipt requested, or by service through the marshal, constable, or sheriff. In addition, the clerk is authorized to cooperate fully with the parties, which includes answering any questions that the parties may have concerning the small claims procedure, in identification of the proper parties to the suit, and in furnishing general information concerning appropriate evidence for trial. The clerk is neither authorized nor expected to provide legal advice.
Acts 2021, No. 281, §1.
NOTE: See R.S. 13:5226 regarding termination of this Part on Aug. 1, 2025.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5225. Applicability

RS 13:5225 - Applicability
The provisions of this Part, except as otherwise specifically provided by Book VIII of the Code of Civil Procedure, shall govern and regulate the procedure in proceedings in the program.
Acts 2021, No. 281, §1.
NOTE: See R.S. 13:5226 regarding termination of this Part on Aug. 1, 2025.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5226. Termination

RS 13:5226 - Termination
This Part shall be null and of no effect on and after August 1, 2025.
Acts 2021, No. 281, §1.
NOTE: In accordance with the provisions of this Section, this Part terminates on Aug. 1, 2025.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5232. Legislative findings

RS 13:5232 - Legislative findings
The legislature finds and declares that:
(1) Free exercise of religion is a fundamental right of the highest order in this state.
(2) In 1974, this legislature and the people of Louisiana chose to adopt the exact language found in the First Amendment of the Constitution of the United States of America regarding religious free exercise as Article 1, Section 8 of the Constitution of Louisiana.
(3) At the time of adoption of Article 1, Section 8 of the Constitution of Louisiana, the United States Supreme Court interpreted the First Amendment of the Constitution of the United States of America to provide the same level of protection for an action of the government that explicitly burdened religious exercise as for an action that indirectly burdened religious exercise through its effect. In both instances, the government had to show that it had a compelling interest in taking a particular action and that it was taking the action in a way that was least restrictive of a person's right to freely exercise his religious beliefs. This rule was set forth in the case of
Sherbert v. Verner
, 374 U.S. 398 (1963), among other cases.
(4) It was the intent of the legislature and the people of Louisiana in 1974 to provide that level of protection to its citizens.
(5) In 1990, the United States Supreme Court, in
Employment Division v. Smith
, 494 U.S. 872 (1990), reduced the protection available to persons in the exercise of their religious beliefs where a law was facially neutral or generally applicable by holding that the government need only give a rational basis for the action and need not supply the least restrictive means to achieve its goal.
(6) The courts of Louisiana have not adopted the standard set forth in
Employment Division v. Smith
. It was and continues to be the intent of this state that the protections afforded by the
Sherbert
case apply in Louisiana.
Acts 2010, No. 793, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5233. Free exercise of religion protected

RS 13:5233 - Free exercise of religion protected
Government shall not substantially burden a person's exercise of religion, even if the burden results from a facially neutral rule or a rule of general applicability, unless it demonstrates that application of the burden to the person is both:
(1) In furtherance of a compelling governmental interest.
(2) The least restrictive means of furthering that compelling governmental interest.
Acts 2010, No. 793, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5234. Definitions

RS 13:5234 - Definitions
In this Part, unless the context otherwise requires:
(1) "A person" includes an individual and also includes a church, association of churches or other religious order, body or institution which qualifies for exemption from taxation under Section 501(c)(3) or (d) of the Internal Revenue Code of 1986 (Public law 99-514, 26 U.S.C. Section 501).
(2) "Burden" means that the government, directly or indirectly, does any of the following:
(a) Constrains or inhibits conduct or expression mandated by a person's sincerely held religious tenet or belief.
(b) Significantly curtails a person's ability to express adherence to the person's religious faith.
(c) Denies a person a reasonable opportunity to engage in activities which are fundamental to the person's religion.
(d) Compels conduct or expression which violates a tenet or belief of a person's religious faith.
(3) "Compelling state interest" includes the interest of the state to protect the best interest of a child and the health, safety, and welfare of a child.
(4) "Demonstrates" means meeting the burdens of going forward with evidence and persuasion.
(5) "Exercise of religion" means the practice or observance of religion under Article 1, Section 8, of the Constitution of Louisiana and the First Amendment of the Constitution of the United States of America and includes the ability to act or refuse to act in a manner substantially motivated by a sincerely-held religious belief, whether or not the exercise is compulsory or a central part or central requirement of the person's religious belief.
(6) "Government" or "governmental agency" means any of the following:
(a) Any board, commission, court, department, agency, special district, authority, or other entity of the state.
(b) Any political subdivision of this state including any parish, municipality, special district, school board, sheriff, public board, institution, department, commission, district, corporation, agency, court, or authority.
(c) Any other public or governmental body of any kind which is not a state agency.
(d) Any official or other person acting under color of law.
Acts 2010, No. 793, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5235. Exceptions

RS 13:5235 - Exceptions
A. Nothing in this Part shall be construed to allow any person to cause physical injury to another person.
B. The standards of a compelling governmental interest, as set forth in R.S. 13:5233, shall be satisfied by any penological regulation or rule which is established by a jail or correctional facility to protect the safety and security of incarcerated persons, or staff of, or visitors to the jail or correctional facility, or to maintain order or discipline in the jail or correctional facility.
C. Nothing in this Part shall be construed to authorize any relationship, marital or otherwise, that would violate Article XII, Section 15 of the Constitution of Louisiana.
D. Nothing in this Part shall be construed to authorize the enforcement of any law, rule, or legal code or system established and used or applied in a jurisdiction outside of the states or territories of the United States.
Acts 2010, No. 793, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5236. Applicability

RS 13:5236 - Applicability
A. This Part applies to all state laws and local ordinances and the implementation of those laws and ordinances, whether statutory or otherwise and whether enacted or adopted before, on or after August 15, 2010.
B. Nothing in this Part shall create or preclude a right of any religious organization to receive funding or other assistance from a government, or of any person to receive government funding for a religious activity.
Acts 2010, No. 793, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5237. Remedies

RS 13:5237 - Remedies
Subject to the provisions of R.S. 13:5240(C), a person whose religious exercise is being, has been, or is likely to be burdened in violation of this Part may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief, not to include punitive or exemplary damages, without regard to whether the proceeding is brought in the name of the state or by any other person, including but not limited to:
(1) Injunctive relief, protective order, writ of mandamus or prohibition, or declaratory relief to prevent any violation of these provisions.
(2) The actual damages, reasonable attorney fees, and costs.
Acts 2010, No. 793, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5238. Notice

RS 13:5238 - Notice
A. A person shall not bring an action in court to assert a claim under this Part unless, at least thirty days prior to bringing the action, the person gives written notice to the person burdening their free exercise, and any governmental agency authorizing such act, by certified mail, return receipt requested, informing the person and the agency of all of the following:
(1) The person's free exercise of religion is being, has been, or is about to be substantially burdened by an exercise of the authority of the governmental agency.
(2) A description of the act or refusal to act which is burdening, has burdened or is about to burden the person's free exercise of religion.
(3) The manner in which the exercise of the governmental authority burdens the person's free exercise of religion.
B. Notwithstanding the requirements of Subsection A of this Section, a person may bring an action in court without providing the notice required by Subsection A of this Section if any of the following occur:
(1) The exercise of governmental authority which threatens to substantially burden the person's free exercise of religion is imminent.
(2) The person was not informed and did not otherwise have knowledge of the exercise of the governmental authority in time to reasonably provide notice.
(3) The provision of the notice would delay an action to the extent that the action would be dismissed as untimely.
(4) The claim is asserted as a counterclaim, objection, or defense in a pending proceeding.
Acts 2010, No. 793, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5239. Remediation

RS 13:5239 - Remediation
Prior to the expiration of the thirty-day period referred to in R.S. 13:5238, an agency which receives notice in accordance with R.S. 13:5238 may remedy the substantial burden on the person's free exercise of religion. A person with respect to whom a substantial burden on the person's free exercise of religion has been cured may not bring an action under this Section or shall dismiss such action if it is already pending.
Acts 2010, No. 793, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5240. Limitations and procedures

RS 13:5240 - Limitations and procedures
A. Except as stated in Subsection B of this Section, and except as to objections, protective orders or writs of mandamus or prohibition, the provisions of the Louisiana Governmental Claims Act, R.S. 13:5101 through 5108, as applicable, shall apply to an action under this Part.
B. A person shall bring an action to assert a claim for damages under this Part not later than one year after the date the person knew or should have known of the substantial burden on the person's free exercise of religion. Mailing notice under R.S. 13:5238 shall toll the one-year period until the seventy-fifth day after the date on which the notice is mailed.
C. Notwithstanding any other provision of law to the contrary, including R.S. 13:5238 and 5239, the provisions of the Corrections Administrative Remedy Procedure, as provided in R.S. 15:1171 through 1179, and the Prison Litigation Reform Act, as provided in R.S. 15:1181 through 1191, as applicable, shall apply to any action under this Part.
Acts 2010, No. 793, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5241. Fraudulent or frivolous claims

RS 13:5241 - Fraudulent or frivolous claims
A. Any person found by a court of competent jurisdiction to have abused the protection of this Part by filing a frivolous or fraudulent claim may be assessed the court costs of the governmental entity and may be enjoined from filing further claims under this Part without leave of the court.
B. A "fraudulent claim" means a claim that is dishonest in fact or that is made principally for a patently improper purpose, such as to harass the opposing party.
C. A "frivolous claim" means a claim which lacks merit under existing law and which cannot be supported by a good faith argument for the extension, modification, or reversal of existing law.
Acts 2010, No. 793, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5242. Construction of Part

RS 13:5242 - Construction of Part
A. The protections of this Part are in addition to the protections granted by federal law and the state and federal constitutions.
B. This Part shall not affect the grant of benefits or tax exemptions to religious organizations.
C. This Part shall not affect, interpret, or in any way address that portion of the First Amendment to the Constitution of the United States of America or Article 1, Section 8 of the Constitution of Louisiana that prohibits laws respecting the establishment of religion.
Acts 2010, No. 793, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5301. Purpose

RS 13:5301 - Purpose
The Legislature of Louisiana recognizes the critical need for criminal justice system programs to reduce the incidence of alcohol and drug use, alcohol and drug addiction, and crimes committed as a result of alcohol and drug use and alcohol and drug addiction. The legislature also recognizes that the problem of alcohol and drug abuse among the citizens of Louisiana is excessive and needs to be addressed and corrected not only for the health and welfare of the citizens of this state, but also because alcohol and drug abuse or dependency has been identified as a contributing factor in the commission of many crimes. It is the intent of the legislature by this Chapter to create a program to facilitate the creation of alcohol and drug treatment divisions in the various district courts of this state.
Acts 1997, No. 1376, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5302. Goals

RS 13:5302 - Goals
The goals of the alcohol and drug treatment divisions created under this Chapter include the following:
(1) To reduce alcoholism and drug abuse and dependency among offenders.
(2) To reduce criminal recidivism.
(3) To reduce the alcohol- and drug-related workload of the courts.
(4) To increase the personal, familial, and societal accountability of offenders.
(5) To promote effective interaction and use of resources among criminal justice personnel and community agencies.
(6) To reduce the overcrowding of prisons.
Acts 1997, No. 1376, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5303. Definitions

RS 13:5303 - Definitions
For the purposes of this Chapter:
(1) "Alcohol and drug abuse program" means a program licensed by the state of Louisiana to provide education, prevention, and treatment directed toward achieving the mental and physical restoration of alcohol and drug abusers or addicts.
(2) "Alcohol and drug abuser" means a person whose consumption of alcohol or other drugs, or any combination thereof, interferes with or adversely affects his ability to function socially or economically and endangers the health, safety, and welfare of the abuser and others.
(3) "Alcohol- or drug-related offense" means an alcohol or drug-related offense and also an offense in which alcohol or drug abuse or addiction is determined from the evidence to have been a factor in the commission of the offense.
(4) "Alcoholic or drug addict" means any person who habitually uses alcohol or other drugs to the extent that the person endangers the health, safety, or welfare of that person or any other person or group of persons.
(5) "Conditions of probation" means the specification of formal terms and conditions which a defendant must fulfill in order to have the charges against that person dismissed in accordance with the provisions of Code of Criminal Procedure Articles 893 and 894.
(6) "Drug division" means the division or divisions of the court to which alcohol- or drug-related offenses are assigned or the employee of the court designated to administer the probation program, as provided by R.S. 13:5304(A).
(7) "Probation" means referral of a defendant who has entered a plea of guilty in a criminal case charging an alcohol or controlled dangerous substance related offense to a supervised probation program as provided in Code of Criminal Procedure Articles 893 and 894.
(8) "Probationer" means a person who has been accepted into a drug division probation program.
(9) "Treatment program" means any governmental agency or other entity which is licensed by the state of Louisiana to provide substance abuse or addiction treatment on a residential or outpatient basis.
Acts 1997, No. 1376, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5305. Dismissal of certain criminal charges upon completion of drug division probation program

RS 13:5305 - Dismissal of certain criminal charges upon completion of drug division probation program
A. Notwithstanding any other provision of law to the contrary, as to any person eligible for participation in a drug division program as provided for under the provisions of this Chapter, when it appears that the best interests of the public and of the defendant will be served, with the prior approval of the district attorney, the court may, without entering a judgment of guilt and with the consent of such person, defer proceedings and place him on probation upon such reasonable terms and conditions as may be required by the court and under the provisions of this Chapter.
B. Upon the defendant's violation of any of the terms or conditions of his probation, the court may revoke his probation, enter an adjudication of guilt, and impose sentence upon such person. The entering of the adjudication of guilt shall be retroactive to the date the defendant pled guilty or was convicted under Subsection A of this Section, but the imposition or execution of sentence shall not be retroactive.
C. Upon fulfillment of the terms and conditions of probation imposed in accordance with this Section, the court shall discharge such person and dismiss the proceedings against him.
D. The discharge and dismissal of charges pursuant to this Section shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions under R.S. 40:982. The discharge and dismissal of charges pursuant to this Section may occur only once with respect to any person.
Acts 2006, No. 229, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5352. Legislative findings

RS 13:5352 - Legislative findings
A. The Legislature of Louisiana recognizes that a significant percentage of criminal defendants have a diagnosable mental illness.
B. The legislature further recognizes that such mental illnesses tend to have a negative effect on the criminal justice system in the state of Louisiana.
C. The legislature further recognizes that mental illness and substance abuse issues co-occur in a substantial percentage of criminal defendants.
D. The legislature further recognizes the critical need for a program within the criminal justice system designed to reduce the number of defendants with either mental illness issues or co-occurring mental illness and substance abuse issues.
E. Such programs would also seek to address recidivism percentages among criminal defendants dealing with both mental illness and co-occurring mental illness and substance abuse issues thus reducing the incidence of crimes committed as a result of mental illness and co-occurring mental illness and substance abuse issues.
F. It is therefore the intent of the Legislature of Louisiana to provide for the creation of specialized mental health courts with the necessary flexibility to address the issues of criminal defendants with either mental illness or co-occurring mental illness and substance abuse issues.
Acts 2013, No. 346, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5353. Definitions

RS 13:5353 - Definitions
For the purposes of this Chapter, the following terms shall have the following meanings, unless the context clearly indicates otherwise:
(1) "Co-occurring mental health and substance abuse court program" means a program that, through the participation of professionals with training and experience in treating persons with mental illness issues and co-occurring mental illness and substance abuse issues, addresses the needs of criminal defendants with either mental illness or co-occurring mental health and substance abuse issues.
(2) "Mental health court" or "mental health court program" means a structured judicial intervention process for mental health treatment of eligible criminal defendants that includes mental health court professionals, local social programs, and intensive judicial monitoring in support of such defendants.
(3) "Mental health court professional" means a member of the mental health court team, including but not limited to a judge, prosecutor, defense attorney, probation officer, coordinator, treatment provider, behavioral health advocate, or case manager.
(4) "Post-adjudicatory mental health court program" means a program in which the defendant has pled guilty or has been convicted and the defendant then agrees, with consent of the prosecution, to enter a mental health court program as part of the defendant's criminal sentence.
Acts 2013, No. 346, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5354. Authorization

RS 13:5354 - Authorization
Each district court by rule may designate one or more divisions to preside over a mental health treatment court program to which alcohol- or drug-related offenses are assigned, and may establish a program to be administered by the presiding judge or judges thereof or by an employee designated by the court. The judicial district is authorized to provide funding for any expenses related to the administration and operation of such a mental health court treatment program.
Acts 2013, No. 346, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5355. Eligibility and exclusion

RS 13:5355 - 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.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5357. Mental health and substance abuse treatment

RS 13:5357 - Mental health and substance abuse treatment
A. The mental health court program may maintain or collaborate with a network of mental health treatment programs and, if the defendant has co-occurring mental illness and substance abuse issues, a network of treatment programs dealing with co-occurring mental illness and substance abuse treatment programs, representing a continuum of treatment options commensurate with the needs of defendants and in accordance with available resources. The mental health court program may designate a court liaison to monitor the progress of defendants in their assigned treatment programs on behalf of the court.
B. Any mental illness or substance abuse treatment to which defendants are referred shall be licensed by the state and shall be in compliance with all rules governing such programs operating within the state of Louisiana.
C. The mental health court program may, at its discretion, employ additional services or interventions, as it deems necessary on a case-by-case basis.
Acts 2013, No. 346, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5358. Violation; sanctions; dismissal; discharge of criminal charges

RS 13:5358 - Violation; sanctions; dismissal; discharge of criminal charges
A. Violations by the defendant. (1) If a court finds, from the evidence presented, including but not limited to the reports or proffers of proof from the mental health court professionals that any of the conditions set forth in Paragraph (2) of this Subsection are met, sanctions may be imposed.
(2)(a) The defendant is not performing satisfactorily in the assigned program.
(b) The defendant is not benefitting from education, treatment, or rehabilitation.
(c) The defendant has engaged in criminal conduct rendering the defendant unsuitable for continuing participation in the program.
(d) The defendant has otherwise violated the terms and conditions of the program or of the defendant's sentence.
(e) The defendant is for any reason unable to continue participation in the program.
B. Sanctions. The court may impose reasonable sanctions under prior written agreement of the defendant, including but not limited to imprisonment or dismissal of the defendant from participation in the program.
C.(1) Dismissal from the program. If an individual who has enrolled in a mental health court program violates any of the conditions of his probation or his treatment agreement or appears to be performing unsatisfactorily in the assigned program, or if it appears that the probationer is not benefitting from education, treatment, or rehabilitation, the treatment supervisor, probation officer, or the district attorney may move the court to dismiss the individual from the mental health court program.
(2) If the court dismisses the defendant from the mental health court program, the defendant shall be provided with the specific reasons for his dismissal from the program.
D. Discharge from criminal charges. Upon successful completion of the terms and conditions of the program, the court may do any of the following:
(1) The court may dismiss the original criminal charges against the defendant.
(2) The court may successfully terminate the original sentence of the defendant.
(3) The court may otherwise discharge the defendant from the program or from any further proceedings against the defendant as may be pending in the original criminal matter.
Acts 2013, No. 346, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5362. Purpose

RS 13:5362 - Purpose
The Legislature of Louisiana recognizes that there is a critical need for criminal justice system programs to assist veterans in order to reduce the incidence of alcohol and drug use, alcohol and drug addiction, and crimes committed by veterans as a result of alcohol and drug use and alcohol and drug addiction. There is also a need for programs to assist veterans with mental health issues, including mental health diagnoses and undiagnosed mental illnesses. Moreover, many veterans suffer from co-occurring disorders of substance abuse and mental illness. These problems can cause veterans to have involvement with the criminal justice system. Therefore, it is the intent of the Legislature of Louisiana to create specialized court programs in the various districts of this state called "Veterans Court programs" to assist veterans in overcoming these issues, as they impact veterans, the criminal justice system, and society at large. The goal of these programs will be to reduce recidivism among veterans and to provide those who have served this country with the assistance that they need and deserve.
Acts 2014, No. 716, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5363. Goals

RS 13:5363 - Goals
The goals of the Veterans Court program divisions created under this Chapter include the following:
(1) To reduce drug abuse and alcoholism and dependency among offenders.
(2) To reduce the alcohol and drug-related workload of the courts.
(3) To reduce criminal recidivism.
(4) To diagnose undiagnosed mental health problems and to assist in the care and treatment of diagnosed mental health illnesses.
(5) To increase the personal, familial, and societal accountability of offenders.
(6) To reduce prison overcrowding.
(7) To provide employment and job training for veterans in partnership with the Louisiana Workforce Commission, any technical college or vocational school, or other institute of higher learning.
(8) To provide housing assistance for homeless veterans in partnership with state, local, and federal housing authorities and nonprofit organizations.
(9) To provide benefits counseling from parish service officers in partnership with the Louisiana Department of Veterans Affairs.
Acts 2014, No. 716, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5364. Definitions

RS 13:5364 - Definitions
For the purposes of this Chapter:
(1) "Veteran" means a former or current member of the United States Armed Forces or organized militia of the several states and territories, including but not limited to a member of the Army, Navy, Air Force, Marine Corps, Coast Guard, National Guard, Air National Guard, Reserves, State Guard, or a commissioned officer of the Public Health Service, Environmental Science Services Administration, or National Oceanic and Atmospheric Administration, or its predecessor, the United States Coast and Geodetic Survey.
(2) "Veterans Court program" means a program that has all of the following essential characteristics:
(a) The integration of health care, education, and housing assistance, as well as employment, job training, disability compensation counseling, and other rehabilitative services in the processing of cases in the criminal justice system.
(b) Early identification and prompt placement of eligible participants in the program, whereby they become program participants.
(c) The use of nonadversarial approach involving prosecutors and defense attorneys to promote public safety and protect the due process rights of program participants.
(d) Access to continuum of alcohol, controlled substance, mental health, suicide assessment, intervention, treatment and management, and other related treatment and rehabilitative services.
(e) Careful monitoring of treatment and services provided to program participants.
(f) A coordinated strategy to govern program responses to participants' compliance.
(g) Ongoing judicial interaction with program participants.
(h) Monitoring and evaluation of program goals and effectiveness.
(i) Continuing interdisciplinary education to promote effective program planning, implementation, and operations.
(j) Development of partnerships with public agencies and community organizations, including but not limited to the Louisiana Department of Veterans Affairs, the Louisiana Workforce Commission, the United States Department of Veterans Affairs, and any other local, state or federal agency or organization that can provide assistance to participants.
Acts 2014, No. 716, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5365. Eligibility, process

RS 13:5365 - Eligibility, process
A. Proof of a defendant's military service must be submitted to the court in which the criminal case is pending, and may be in any form the court determines to be appropriate, including but not limited to the illustrative examples detailed in this Section. If the defendant was discharged from regular active duty after January 1, 1950, proof of military service may consist of a DD Form 214 or its functional equivalent. If the defendant served in the military before January 1, 1950, proof of military service may consist of a discharge form, including a WD AGO 53, WD AGO 55, WD AGO 53-55, NAVPERS 553, NAVMC 78PD, and the NAVCG553. If the defendant was discharged from the Army or Air Force National Guard, he may submit NGB Form 22, Report of Separation and Record of Service, or NGB Form 23, or its equivalent. If currently serving in the military, the defendant may provide an original statement of service signed by or at the direction of the adjutant, personnel officer, or commander of the defendant's unit or superior officer within the defendant's chain of command which identifies the defendant and his social security number. The statement must provide at a minimum the date of entry on his current service period and the duration of service.
B. The court must make a determination on the record in the docketed criminal case that the defendant is an eligible veteran for him to be enrolled as a program participant in a Veterans Court program.
Acts 2014, No. 716, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5367. Additional veteran indicator documents

RS 13:5367 - Additional veteran indicator documents
In addition to the documents used to verify veteran status referred to in R.S. 13:5365(A), the following documents may be used to establish veteran status:
(1) DD-2 US Uniformed Services Identification Card.
(2) DD-214 Report of Separation.
(3) DD-217 Discharge Certificate.
(4) DD-256A Honorable Discharge Certificate.
(5) DD-256AF Honorable Discharge Certificate.
(6) DD-256CG Honorable Discharge Certificate.
(7) DD-256MC Honorable Discharge Certificate.
(8) DD-256N Honorable Discharge Certificate.
(9) DD-257A General Discharge Certificate.
(10) DD-257AF General Discharge Certificate.
(11) DD-257CG General Discharge Certificate.
(12) DD-257MC General Discharge Certificate.
(13) DD-257N General Discharge Certificate.
(14) DD-303 Certificate in Lieu of Lost or Destroyed Discharge.
(15) DD-303AF Certificate in Lieu of Lost or Destroyed Discharge.
(16) DD-303CG Certificate in Lieu of Lost or Destroyed Discharge.
(17) DD-303MC Certificate in Lieu of Lost or Destroyed Discharge.
(18) DD-303N Certificate in Lieu of Lost or Destroyed Discharge.
(19) AGO-525 Discharge Certificate.
(20) AGO-755 Discharge Certificate.
(21) AGO-01252 Discharge Certificate.
(22) AGO-01254 Discharge Certificate.
(23) AGO-01502 Discharge Certificate.
(24) Bureau of Investigation No. 6 Discharge Certificate.
(25) Bureau of Investigation No 53 Discharge Certificate.
(26) Bureau of Investigation No 118 Discharge Certificate.
(27) Bureau of Investigation No 213 Discharge Certificate.
(28) NAVCG-2510 Honorable Discharge, U.S. Coast Guard.
(29) NAVMC-455 U.S. Marine Corps Certificate of Service, In Lieu of Lost or Destroyed Discharge Certificate.
(30) NAVMC-70-PD Honorable Discharge, U.S. Marine Corps.
(31) NAVMC-78-PD U.S. Marine Corps Report of Separation.
(32) NMC-258 A&I Discharge Certificate.
(33) NMC-2571 A&I Honorable Discharge, U.S. Marine Corps.
(34) NAVPERS-563 Navy Discharge-Notice of Separation from U.S. Naval Service.
(35) NAVPERS-566 Standard Statement of Service.
(36) NAVPERS-660 Honorable Discharge from U.S. Navy.
(37) NAVPERS-661 Certificate of Discharge, U.S. Naval Service.
(38) NAVPERS-663B Discharge Certificate.
(39) WD AGO-53-58 Enlisted Record and Report of Separation General Discharge.
(40) WD AGO-53-90 Certificate of Service.
(41) WD AGO-53-98 Military Record and Report of Separation Certificate of Service.
(42) WD AGO-280 Certificate of Service, AVS.
(43) WD AGO-525 Honorable Discharge from the United States Army.
(44) WD AGO-755 Honorable Discharge, Women's Army Auxiliary Corps.
(45) WD AGO-0729 Honorable Discharge from Army of the United States of America.
(46) WD AGO-01502 Certificate in Lieu of Lost or Destroyed Discharge Certificate.
(47) WD AGO-01504 Discharge Certificate.
Acts 2014, No. 716, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5368. Dismissal of certain criminal charges upon completion of Veterans Court program; revocation of probation; effects of dismissal

RS 13:5368 - Dismissal of certain criminal charges upon completion of Veterans Court program; revocation of probation; effects of dismissal
A. Notwithstanding any other provision of law to the contrary, as to any person eligible for participation in a Veterans Court program as provided for under the provisions of this Chapter, when it appears that the best interests of the public and of the defendant will be served, with the prior approval of the district attorney, the court may, without entering a judgment of guilt and with the consent of such person, defer proceedings and place him on probation upon such reasonable terms and conditions as may be required by the court and under the provisions of this Chapter. If the defendant is accepted into the Veterans Court program, the defendant must waive the right to a trial.
B. Upon the defendant's violation of any of the terms or conditions of his probation, the court may revoke his probation, enter an adjudication of guilt, and impose sentence upon such person. The entering of the adjudication of guilt shall be retroactive to the date the defendant pled guilty or was convicted under Subsection A of this Section, but the imposition or execution of sentence shall not be retroactive.
C. Upon fulfillment of the terms and conditions of probation imposed in accordance with this Section, the court shall discharge such person and dismiss the proceedings against him.
D. The discharge and dismissal of charges pursuant to this Section shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions pursuant to R.S. 40:982. The discharge and dismissal pursuant to this Section may occur only once with respect to any person.
Acts 2016, No. 181, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5372. Goals of the Swift and Certain Probation Pilot Program

RS 13:5372 - Goals of the Swift and Certain Probation Pilot Program
The goals of the Swift and Certain Probation Pilot Program created under this Chapter include the following:
(1) To reduce alcoholism and drug abuse and dependency among offenders.
(2) To reduce the number of new crimes.
(3) To reduce criminal recidivism.
(4) To reduce the alcohol- and drug-related workload of the courts.
(5) To increase the personal, familial, and societal accountability of offenders.
(6) To promote effective interaction and use of resources among criminal justice personnel and community agencies.
(7) To reduce the overcrowding of prisons.
Acts 2016, No. 676, §1, eff. June 17, 2016.