TITLE XXI INSANITY PROCEEDINGS CHAPTER 1. MENTAL INCAPACITY TO PROCEED Art. 641. Mental incapacity to proceed defined Mental incapacity to proceed exists when, as a result of mental disease or defect, a defendant presently lacks the capacity to understand the proceedings against him or to assist in his defense.
Art. 642. How mental incapacity is raised; effect The defendant’s mental incapacity to proceed may be raised at any time by the defense, the district attorney, or the court. When the question of the defendant’s mental incapacity to proceed is raised, there shall be no further steps in the criminal prosecution, except the institution of […]
Art. 643. Order for mental examination The court shall order a mental examination of the defendant when it has reasonable ground to doubt the defendant’s mental capacity to proceed. Prior to the ordering of any such mental examination, the court shall appoint counsel to represent the defendant if he has not already retained counsel. Amended […]
Art. 644. Appointment of sanity commission; examination of defendant A. Within seven days after a mental examination is ordered, the court shall appoint a sanity commission to examine and report upon the mental condition of the defendant. The sanity commission shall consist of at least two and not more than three members who are licensed […]
Art. 644.1. Sanity proceedings for juvenile defendants transferred to criminal court A. Any juvenile transferred for criminal trial in accordance with Articles 305 and 857 of the Children’s Code may seek a special sanity hearing which shall be conducted in accordance with Articles 833 through 836 of the Children’s Code. B. The determination of the […]
Art. 645. Report of sanity commission A.(1) The report of the sanity commission members shall address their specific findings with regard to all of the following: (a) The defendant’s capacity to understand the proceedings against him. (b) His ability to assist in his defense. (c) His need for inpatient hospitalization in the event he is […]
Art. 646. Examination by physician retained by defense or district attorney The court order for a mental examination shall not deprive the defendant or the district attorney of the right to an independent mental examination by a physician or mental health expert of his choice, and such physician or mental health expert shall be permitted […]
Art. 647. Determination of mental capacity to proceed The issue of the defendant’s mental capacity to proceed shall be determined by the court in a contradictory hearing. The report of the sanity commission is admissible in evidence at the hearing, and members of the sanity commission may be called as witnesses by the court, the […]
Art. 648. Procedure after determination of mental capacity or incapacity A. The criminal prosecution shall be resumed unless the court determines by a preponderance of the evidence that the defendant does not have the mental capacity to proceed. If the court determines that the defendant lacks mental capacity to proceed, the proceedings shall be suspended […]
Art. 648.1. Information required prior to admission No superintendent of an institution shall admit a defendant found by the court to lack the mental capacity to proceed pursuant to Article 648 unless he is furnished by the court the following information: (1) The name and address of the defendant’s attorney. (2) The crime or crimes […]
Art. 649. Procedure when capacity regained A. At any time after a defendant’s commitment, if either the superintendent of the mental institution or the administrator of outreach forensic services reports to the committing court that the defendant presently has the mental capacity to proceed, the defendant, if hospitalized, shall be discharged from the mental institution […]
Art. 649.1. Prescribed medication; administration When a person is returned to the committing court from an institution pursuant to Article 649 pending a sanity hearing, and the superintendent of the committing institution deems it necessary that the patient receive prescribed medication, it shall be the duty of the chief administrative officer of the parish jail […]
