jun 18, 2013 - LA H 442
Author: Lopinto (R)
Adds possession with intent to distribute any
narcotic drugs as an offense eligible for the drug division probation program.
Description:
Establishes the substance abuse probation program to provide counseling and treatment for defendants convicted of felony possession of a controlled dangerous substance, possession with intent to distribute a controlled dangerous substance of less than 28 grams, or possession with intent to distribute marijuana or synthetic cannabinoids of less than one pound. Prohibits offenders convicted of a violent or a sex offense from eligibility. Permits the court to suspend the sentence pending successful completion of the substance abuse probation program. Requires the court to use an evaluation to determine the nature and degree of the treatment necessary to address the defendant's drug or alcohol addiction, the availability of treatment, and the defendant's appropriateness for the program. Permits the court to modify the terms or revoke probation for a violation of any condition. Requires the defendant to pay for the costs associated with the program unless unable to pay. Creates the Substance Abuse Conditional Release Act. Allows for release onto intense parole supervision if the offender shows a willingness to participate, is serving time for a first or second conviction of possession or possession with intent to distribute controlled substances, has served at least two years of the sentence, and is within one year of the release date. Requires an addiction disorder assessment and mental health screening to determine whether the offender is suitable for participation in the program. Authorizes the secretary of the Department of Public Safety and Corrections to approve release after considering whether the offender is suitable for the program, including consideration of whether an offender's release may pose a danger to the general public or to an individual and whether the offender has a suitable release plan. Requires participation in a residential addiction disorder treatment program that lasts between 60 and 120 days. Permits removal from the program for a violation of the rules, for committing a criminal offense, or if the offender poses a risk to himself or others. Adds possession with intent to distribute any narcotic drugs as an offense eligible for the drug division probation program.
Added to timeline:
Louisiana Policy Timeline
Date:
