§5385. The Homelessness Court program; administration; eligibility; stipulations

            A. Each district court by rule may designate as a Homelessness Court program one or more divisions of the district court to which participants are assigned and may establish a probation program to be administered by the presiding judge or judges thereof or by an employee designated by the court.

            B. Participation in probation programs shall be subject to all of the following provisions:

            (1) The district attorney may propose to the court that a defendant be screened for eligibility as a participant in the Homelessness Court program if all of the following criteria are satisfied:

            (a) The individual is arrested or issued a written summons for a misdemeanor or felony violation of state law and is determined to be a person experiencing homelessness.

            (b) The district attorney has reason to believe that the defendant who is charged may benefit by participating in the Homelessness Court program.

            (c) The district attorney has reason to believe that it is in the best interest of the community and in the interest of justice to provide the defendant with treatment as opposed to incarceration or other sanctions.

            (2) Upon receipt of the proposal provided in Paragraph (1) of this Subsection, the court shall advise the defendant that he may be eligible for enrollment in a court-authorized treatment program through the Homelessness Court program.

            (3)(a) If the defendant requests to undergo treatment and is accepted into the Homelessness Court program, the defendant shall be placed under the supervision of the Homelessness Court program for a period of not less than twelve months.

            (b) During the treatment, the defendant may be confined in a treatment facility or, at the discretion of the court, the defendant may be released on a probationary basis for treatment or supervised aftercare in the community.

            (c) The court may impose any conditions reasonably related to the complete rehabilitation of the defendant.

            (d) The defendant shall be required to participate in any court-ordered alcohol and drug testing program at his own expense, unless the court determines that he is indigent.

            (e) If the defendant completes the Homelessness Court program and has successfully completed all other requirements of his court-ordered probation, the conviction may be set aside and the prosecution dismissed in accordance with Code of Criminal Procedure Articles 893 and 894. A defendant's successful completion of the Homelessness Court program and the other requirements of probation may result in his discharge from supervision. If the defendant does not successfully complete the Homelessness Court program, the judge may do any of the following:

            (i) Revoke the probation and impose sentence.

            (ii) Revoke the probation and order the defendant to serve the sentence previously imposed and suspended.

            (iii) Revoke the probation and order the defendant to be committed to the custody of the Department of Public Safety and Corrections with a requirement that the defendant serve a sentence of not more than six months without diminution of sentence in the intensive incarceration program pursuant to R.S. 15:574.4.4 and 574.5, with return to the regular Homelessness Court docket upon completion of sentence.

            (iv) Impose any sanction provided by Code of Criminal Procedure Article 900 or extend probation and order that the defendant continue treatment for an additional period, or both.

            (4) The defendant has the right to be represented by counsel at all stages of a criminal prosecution and in any court hearing relating to the Homelessness Court program. The defendant shall be represented by counsel during the negotiations to determine eligibility to participate in the Homelessness Court program and shall be represented by counsel at the time of the execution of the probation agreement and at any hearing pertaining to the revocation of the defendant's probation and discharge from the program, unless the court finds and the record shows that the defendant has knowingly and intelligently waived his right to counsel.

            (5) If the defendant elects to undergo treatment and participate in the Homelessness Court program, the court shall order an examination of the defendant by one of the court's designated licensed treatment programs. Treatment programs shall possess sufficient experience in working with criminal justice participants with alcohol or drug addictions, mental health problems, or all of these matters, and shall be certified and approved by this state. The designated treatment program shall utilize standardized testing and evaluation procedures to determine whether or not the defendant is an appropriate candidate for a treatment program and shall report such findings to the court and the district attorney.

            (6) The treatment program examiner or district attorney may request that the defendant provide all of the following information to the court:

            (a) Information regarding prior criminal charges.

            (b) Education, work experience, and training.

            (c) Family history, including residence in the community.

            (d) Medical and mental history, including any psychiatric or psychological treatment or counseling.

            (e) Any other information reasonably related to the success of the treatment program.

            (7) The designated program shall recommend to the court a preliminary length of stay and level of care for the defendant.

            (8) In addition to the report submitted by the examiner, the judge and district attorney shall consider the following factors in determining whether the Homelessness Court program would be in the interest of justice and of benefit to the defendant and the community:

            (a) The nature of the crime charged and the circumstances surrounding the crime.

            (b) Any special characteristics or circumstances of the defendant.

            (c) Whether the defendant is a first-time offender and the degree of success attained if the defendant has previously participated in this program or a similar program.

            (d) Whether there is a probability that the defendant will cooperate with and benefit from probation and treatment through the Homelessness Court program.

            (e) Whether the available Homelessness Court program is appropriate to meet the needs of the defendant.

            (f) The impact of the defendant's probation and treatment upon the community.

            (g) Recommendations of the involved law enforcement agency, if any.

            (h) Recommendations of the victim, if any.

            (i) Provisions for and the likelihood of obtaining restitution from the defendant over the course of his probation.

            (j) Any mitigating circumstances.

            (k) Any other circumstances reasonably related to the defendant's case.

            (9) In order to be eligible for the Homelessness Court program, the defendant shall satisfy each of the following criteria:

            (a) The defendant shall not have a prior felony conviction for any of the following:

            (i) Homicide as defined in R.S. 14:29.

            (ii) A sex offense as defined in R.S. 15:541.

            (iii) A crime of violence as defined in R.S. 14:2(B).

            (b) The crime before the court is not a charge of driving while impaired by alcohol or any other drug or drugs that resulted in the death of a person.

            (10)(a) The judge shall make the final determination of eligibility. If, based on the examiner's report and the recommendations of the district attorney and the defense counsel, the judge determines that the defendant should be enrolled in the Homelessness Court program, the court shall accept the defendant's guilty plea, suspend or defer the imposition of sentence, and place the defendant on probation under the terms and conditions of the Homelessness Court program. The court may also impose and suspend the execution of sentence and place the defendant on probation under the terms and conditions of the Homelessness Court program.

            (b) If the judge determines that the defendant is not qualified for enrollment, the judge may state for the record the reasons for that determination.

            (c) A Homelessness Court program team or staff may petition the court to reject a referral to the Homelessness Court program if the Homelessness Court program team or staff deems the defendant to be inappropriate for admission to the Homelessness Court program. Additionally, a Homelessness Court program team or staff may petition the court for immediate discharge of any individual who fails to comply with Homelessness Court program rules and treatment expectations or who refuses to constructively engage in the treatment process.

            C.(1) In offering a defendant the opportunity to request treatment, the court shall advise the defendant of the following at the time of the guilty plea:

            (a) If the defendant is accepted into the Homelessness Court program, then the defendant shall waive the right to a trial. The defendant shall enter a plea of guilty to the charge with the stipulation that his sentencing be deferred or that sentence be imposed, but suspended, and the defendant placed on supervised probation under the usual conditions of probation and under certain special conditions of probation related to the completion of such treatment programs as are ordered by the court. During participation in the program, the defendant shall be subject to nonadversarially determined sanctions. All adversarial hearings shall occur during probation violation hearings.

            (b) The terms of each probation agreement shall be decided by the judge. The defendant shall agree to enter the program and sign a probation agreement stating the terms and conditions of his program. The defendant shall plead guilty to the charge in order to be eligible for the Homelessness Court program.

            (2) Any probation agreement entered into pursuant to this Section shall include all of the following:

            (a) The terms of the agreement, which shall provide for either of the following:

            (i) If the defendant fulfills the obligations of the agreement, as determined by the court, then the criminal charges may be dismissed and the prosecution set aside in accordance with Code of Criminal Procedure Articles 893 and 894.

            (ii) If the defendant has been sentenced following the plea of guilty, then the successful completion of the Homelessness Court program may result in the discharge of the defendant from continued supervision.

            (b) A waiver by the defendant of the right to trial by jury under the Constitution of Louisiana, the Constitution of the United States, and applicable laws.

            (c) The defendant's full name.

            (d) The defendant's full name at the time the complaint was filed, if different from the defendant's current name.

            (e) The defendant's sex and date of birth.

            (f) The crime before the court.

            (g) The date the complaint was filed.

            (h) The court in which the agreement was filed.

            (i) A stipulation of the facts upon which the charge was based, as agreed to by the defendant and the district attorney.

            (j) A provision that the defendant may be required to pay a probation supervision fee if ordered by the court.

            (k) A provision, in cases where applicable, that the defendant may be required to pay restitution to the victim.

            (l) A provision that the defendant, if ordered by the court, shall participate in appropriate job training or schooling or seek gainful employment once the defendant is receiving treatment as an outpatient or living in a halfway house.

            (m) A copy of the plea agreement.

            (3) To the extent of his financial resources, a defendant who is placed under the supervision of the Homelessness Court program may be required to pay a portion of or the entire cost of the treatment program to which he is assigned and the cost of any additional supervision that may be required, as determined by the Homelessness Court program.

            (4) If the defendant does not have the financial resources to pay all the related costs of the probation program, any of the following may occur:

            (a) The court, to the extent practicable, shall arrange for the defendant to be assigned to a treatment program funded by the state or federal government.

            (b) The court, with the recommendation of the treatment program, may order the defendant to perform supervised work for the benefit of the community in lieu of paying all or a part of the costs relating to his treatment and supervision. The work shall be performed for and under the supervising authority of a parish, municipality, or other political subdivision or agency of this state or a charitable organization that renders service to the community or its residents.

            (c) Any and all fees may be waived at the discretion of the court.

            D.(1) When appropriate, the imposition or execution of sentence shall be postponed while the defendant is enrolled in the treatment program. The defendant shall remain on probation as long as he follows the conditions of his agreement.

            (2) The district attorney, at the conclusion of the period of probation and on advice of the person providing the defendant's treatment and the probation officer, may recommend that the court take one of the following courses of action:

            (a)(i) Revoke the defendant's probation and sentence the defendant because he has not successfully completed the treatment and has violated one or more conditions of probation.

            (ii) If the defendant has already been sentenced, revoke the probation and remand the defendant to the appropriate custodian for service of that sentence.

            (b) Extend the period of probation so that the defendant may continue the program.

            (c) Set aside the defendant's conviction and dismiss the prosecution because the defendant has successfully completed all the conditions of his probation and treatment agreement.

            (3) The district attorney shall make the final determination on whether to request revocation, extension, or dismissal.

            (4)(a) The treatment supervisor, probation officer, or the district attorney may file a motion with the court to request a hearing to determine if the defendant may remain in the program or whether the probation may be revoked and the defendant be removed from the program and sentenced or ordered to serve any sentence previously imposed if either of the following occur:

            (i) The defendant enrolled in a program violates any condition of his probation or his treatment agreement.

            (ii) The defendant appears to be performing unsatisfactorily in the assigned program.

            (b) The defendant may be removed from the program or his treatment agreement may be changed to meet the defendant's specific needs if, at the hearing, the moving party shows sufficient proof that the defendant has violated his probation or his treatment agreement and has not shown a willingness to submit to rehabilitation.

            (c) If the court finds that the defendant has violated a condition of his probation or a provision of his probation agreement and that the defendant should be removed from the probation program, the court may do either of the following:

            (i) Revoke the probation and sentence of the defendant in accordance with his guilty plea.

            (ii) If the defendant has been sentenced and the sentence suspended, order the defendant to begin serving the sentence.

            (d) A defendant who has been admitted to the probation program, fails to complete the program, and is then sentenced to jail time for the offense shall receive credit for the time served in any correctional facility in connection with the charge before the court.

            (e) The defendant, his probation officer, the district attorney, or his treatment provider may petition the court at any time and for any appropriate reason to reconsider, suspend, or modify its order for rehabilitation or treatment concerning that defendant.

            (f) The burden of proof at all such hearings shall be the burden of proof required to revoke probation as provided by law.

            E. The appropriate treatment program shall report the following changes or conditions to the district attorney at any periodic reporting period specified by the court:

            (1) The defendant is changed from an inpatient to an outpatient.

            (2) The defendant is transferred to another treatment center or program.

            (3) The defendant fails to comply with program rules and treatment expectations.

            (4) The defendant refuses to engage constructively in the treatment process.

            (5) The defendant terminates his participation in the treatment program.

            (6) The defendant is rehabilitated or has obtained the maximum benefits of rehabilitation or treatment.

            F. The judge, after receiving the recommendation from the district attorney upon the defendant's successful completion of the Homelessness Court program and its terms and conditions, may vacate the judgment of conviction and dismiss the criminal proceedings against the defendant or may discharge the defendant from probation in accordance with Code of Criminal Procedure Article 893 or 894.

            G. Discharge and dismissal pursuant to this Chapter, as provided in Code of Criminal Procedure Articles 893 and 894, shall have the same effect as an acquittal, except that the conviction may be considered in order to provide the basis for subsequent prosecution of the party as a multiple offender and shall be considered as an offense for the purposes of any other law or laws relating to cumulation of offenses. Dismissal pursuant to this Chapter shall occur only once with respect to any defendant. Nothing in this Chapter shall be construed as a basis for the destruction of records of the arrest and prosecution of the defendant.

            H. Nothing contained in this Chapter confers a right or an expectation of a right to treatment for a defendant or offender within the criminal justice system.

            I. Each defendant shall contribute to the cost of any treatment received in the Homelessness Court program based upon guidelines developed by the Homelessness Court program. Any and all fees may be waived at the discretion of the court.

            J. Each judicial district that establishes a Homelessness Court probation program shall adopt written policies and guidelines for the implementation of a probation program in accordance with this Chapter. The policies and guidelines shall include provisions concerning all of the following:

            (1) How to examine the defendant initially to determine if he is qualified for enrollment.

            (2) How to advise the defendant of the program if the court has reason to believe the defendant may suffer from alcohol or drug addiction or mental health problems or illnesses.

            (3) What licensed treatment programs are certified by the court.

            K. Each Homelessness Court program shall develop a method of evaluation so that its effectiveness can be measured. These evaluations shall be compiled annually and transmitted to the judicial administrator of the Louisiana Supreme Court.

            L.(1) Except as otherwise provided by law, the registration and other records of a treatment facility are confidential and shall not be disclosed to any person not connected with the treatment facility or the Homelessness Court program and district attorney without the consent of the patient.

            (2) The provisions of Paragraph (1) of this Subsection do not restrict the use of patients' records for the purpose of research into the cause and treatment of alcoholism and drug addiction and mental health illnesses, provided that such information shall not be published in a way that discloses the patient's name and identifying information.

            M. No statement or any information procured with respect to the specific offenses of which the defendant is charged, which is provided to any probation officer or program treatment worker subsequent to the granting of probation, shall be admissible in any civil or criminal action or proceeding, except a Homelessness Court program probation revocation proceeding.

            N. A record of the fact that a defendant has participated in a Homelessness Court program shall be sent to the office of the attorney general and shall be made available upon request to any district attorney for the purpose of determining previous participation in a Homelessness Court program.

            Acts 2026, No. 788, §1, eff. June 9, 2026.