§5386. Dismissal of certain criminal charges upon completion of Homelessness Court
probation program
A. Notwithstanding any other provision of law to the contrary and when it appears
that the best interests of the public and of the defendant will be served, the court may, with
the prior approval of the district attorney, defer proceedings and place any defendant eligible
for participation in a Homelessness Court program on probation with reasonable terms and
conditions as may be required by the court and in accordance with the provisions of this
Chapter.
B. Upon the defendant's violation of any of the terms or conditions of his probation,
the court may revoke his probation, enter an adjudication of guilt, and impose sentence upon
the defendant. The entering of the adjudication of guilt shall be retroactive to the date the
defendant pled guilty or was convicted pursuant to Subsection A of this Section, but the
imposition or execution of sentence shall not be retroactive.
C. The court shall discharge the defendant and dismiss the proceedings against him
upon fulfillment of the terms and conditions of probation imposed in accordance with this
Section.
D. The discharge and dismissal of charges pursuant to this Section shall be without
court adjudication of guilt and shall not be deemed a conviction for purposes of
disqualifications or disabilities imposed by law upon conviction of a crime, including the
additional penalties imposed for second or subsequent convictions pursuant to R.S. 40:982.
The discharge and dismissal of charges pursuant to this Section may occur only once with
respect to any defendant.
E. The good-faith enforcement, investigation, citation, or prosecution of an alleged
violation of this Section by a political subdivision or its officers or employees is a
policymaking or discretionary act within the meaning of R.S. 9:2798.1, and the immunity
provided by that Section shall apply.
Acts 2026, No. 788, §1, eff. June 9, 2026.