CHAPTER 2. DEFENSE OF INSANITY AT TIME OF OFFENSE Art. 650. Mental examination after plea of insanity When a defendant enters a combined plea of "not guilty and not guilty by reason of insanity," the court may appoint a sanity commission as provided in Article 644 to make an examination as to the defendant’s mental […]
Art. 651. When defense of insanity at time of offense is available; method of trial When a defendant is tried upon a plea of "not guilty", evidence of insanity or mental defect at the time of the offense shall not be admissible. The defenses available under a combined plea of "not guilty and not guilty […]
Art. 652. Burden of proof The defendant has the burden of establishing the defense of insanity at the time of the offense by a preponderance of the evidence.
Art. 653. Testimony of members of sanity commission Upon the trial of the defense of insanity at the time of the offense, the members of the sanity commission may be called as witnesses by the court, the defense, or the district attorney. Regardless of who calls them as witnesses, the members of the commission are […]
Art. 654. Legal effect of acquittal on ground of insanity; commitment When a verdict of not guilty by reason of insanity is returned in a capital case, the court shall commit the defendant to a proper state mental institution or to a private mental institution approved by the court for custody, care, and treatment. When […]
Art. 654.1. Information required prior to admission No superintendent of a mental institution shall admit a defendant found not guilty by reason of insanity pursuant to Article 654 unless the court furnishes the following information: (1) The defendant’s commitment order specifying not guilty by reason of insanity. (2) A copy of the defendant’s criminal history […]
Art. 655. Application for discharge or release on probation; review panel A.(1) When the superintendent of a mental institution is of the opinion that a person committed pursuant to Article 654 can be discharged or can be released on probation, without danger to others or to himself, he shall recommend the discharge or release of […]
Art. 656. Additional mental examinations A. Upon receipt of the superintendent’s report, filed in conformity with Article 655, the review panel may examine the committed person and report, to the court promptly, whether he can be safely discharged, conditionally or unconditionally, or be safely released on probation, without danger to others or to himself. B. […]
Art. 657. Discharge or release; hearing After considering the report or reports filed pursuant to Articles 655 and 656, the court may either continue the commitment or hold a contradictory hearing to determine whether the committed person no longer has a mental illness as defined by R.S. 28:2 and can be discharged, or can be […]
Art. 657.1. Conditional release; criteria A. At any time the court considers a recommendation from the hospital-based review panel that the person may be discharged or released on probation, it may place the insanity acquittee on conditional release if it finds the following: (1) Based on the factors which the court shall consider pursuant to […]
Art. 657.2. Conditional release; additional requirements A. Upon an application for conditional release of a person, who has been committed to a state hospital or other treatment facility pursuant to this Chapter upon the grounds that the adverse effects of a mental illness are in remission, and if after a hearing the court determines that […]
Art. 658. Probation; conditional release; reporting A. When the committed person is released on probation, which shall also be known as conditional release, the clerk of court shall deliver to him a certificate setting forth the period and the conditions of his probation. It shall be a condition of every such probation that the person […]
