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      CCRP 902     


Art. 902.  Drug addict; pre-sentence investigation; voluntary treatment; conditions of probation

A.  Upon the rendering of a guilty verdict or judgment, the district attorney, with the written consent of the division of probation and parole, may, by ex parte motion, stating the belief that the defendant is a drug addict, whether the crime charged is related to drug abuse or not, request the court to order the division of probation and parole to conduct a presentence investigation for the purpose of determining whether or not the defendant is a drug addict.  The presentence investigation may be ordered in the discretion of the court.

B.  Upon receiving the report of the presentence investigation, the court may, in its discretion, if it finds probable cause from such report to believe the defendant to be a drug addict, order a contradictory hearing for the purpose of making a judicial determination of such issue.

C.  If, at such contradictory hearing, the court finds that the defendant is a drug addict, and it is the court's desire to suspend any sentence which it may impose and place the defendant on probation, it may require as a condition of probation that the defendant submit to urinalysis or any acknowledged recognized test given at reasonable intervals, not to exceed once a week, and at reasonable times in accordance with the request of the division of probation and parole.  If the defendant refuses to submit to the tests, the sentencing court may revoke the probation.  If the defendant submits to the tests, upon the first instance of a test proving positive for the presence of a controlled dangerous substance, as defined in R.S. 40:963, the sentencing court may commit the defendant to a medical clinic for treatment for a period not to exceed the period of probation.  Upon a second positive result, the sentencing court shall revoke the probation and impose the sentence.

D.  If the conviction is for a violation of the Uniform Controlled Dangerous Substances Law, and the sentence consists of both a fine and imprisonment, the court, if it wishes to suspend the sentence and place the defendant on probation, may, with the consent of the defendant, order that the defendant enter a residential drug treatment facility licensed in accordance with R.S. 40:1058.1 et seq., or R.S. 40:2100 et seq., or one operated by the federal government, and approved by the court.  The defendant's consent in such cases shall include consent to pay the cost of treatment for the duration of time ordered by the court.  The court may, in its discretion, also suspend the payment of the applicable fine in an amount equal to all or some portion of the cost of the ordered treatment.  Upon the successful completion of the treatment program and the termination of probation, the court may order that the fine be reduced in accordance with any amount by which it was reduced.  However, if the defendant does not successfully complete the treatment program, or otherwise violates the conditions of probation, the court shall include among any orders issued, that the defendant pay the entire fine imposed by the court.  Nothing in this Paragraph shall be construed to grant a defendant a right to probation in cases in which probation is otherwise denied by law.

Acts 1972, No. 177, §1; Acts 1990, No. 1035, §1.

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