Regulation detail

La. R.S. 28:58

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La. R.S. 28:58 active

Behavioral Health Law (commitment 28:50-64; patient rights 28:171)

Jurisdiction: LA Agency: Louisiana State Legislature
Plain-English summary

This statute clarifies that when a criminal defendant's sanity or mental competency is at issue in Louisiana court proceedings, the procedures set forth in Code of Criminal Procedure Article 641 et seq. govern—not the Behavioral Health Law chapter. It is a jurisdictional carve-out that preserves criminal procedure rules for competency and insanity determinations and imposes no licensing, operating, or compliance obligations on any behavioral health facility.

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RS 28:58

§58. Code of Criminal Procedure Article 641 et seq. not affected

Whenever it appears that a person against whom an indictment has been found or
information filed in any court in this state is insane or mentally defective to the extent that
he is unable to understand the proceedings against him or to assist in his defense, or
whenever the existence of insanity or mental defect on the part of the defendant at the time
of the alleged commission of the offense charged becomes an issue in the cause, all
proceedings to determine the fact of the insanity or mental defect shall be in accordance with
the provisions of Code of Criminal Procedure Article 641 et seq.

Acts 2018, No. 206, §1.

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