Current with changes from the 2024 Legislative Session
Section 13:5355 - Eligibility and exclusionA. 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. (f) Any crimes of violence involving the discharge of a firearm.Added by Acts 2013, No. 346,s. 1, eff. 8/1/2013.