Art. 894.6. Sentencing considerations and conditions of probation for pregnant defendants

            A. Nothing in this Article shall be construed to authorize the suspension of sentence or probation for any offense for which such relief is otherwise prohibited by law. This Article shall not be interpreted to expand or modify eligibility for probation or suspension of sentence.

            B. For any defendant who is pregnant at the time of sentencing and is otherwise eligible for suspension of sentence or probation under existing law, the court may consider the provisions of this Article.

            C. For a defendant described in Paragraph B of this Article, the court may suspend the imposition or execution of sentence and place the defendant on probation in accordance with existing law, and may require, as a condition of probation, that the defendant:

            (1) Participate in and successfully complete a court-approved prenatal care program, pregnancy support program, or maternal health program.

            (2) Participate in and successfully complete a residential or outpatient substance use disorder treatment program, including medically supervised detoxification when appropriate.

            (3) Comply with all recommended prenatal and postnatal medical care.

            (4) Participate in parenting education, life skills training, or case management services as deemed appropriate by the court.

            (5) Comply with any additional conditions of probation authorized by law.

            D. In determining whether to impose a sentence pursuant to this Article, the court shall consider public safety, the nature of the offense, the criminal history of the defendant, and the availability of appropriate programs.

            E. The Louisiana Department of Health shall maintain and make available to courts, upon request, a list of publicly and privately available programs that may satisfy the requirements of this Article.

            Acts 2026, No. 520, §2, eff. May 29, 2026