2006 Louisiana Laws - RS 15:830 — Treatment of mentally ill and mentally retarded inmates

§830.  Treatment of mentally ill and mentally retarded inmates

A.  The department may establish resources and programs for the treatment of mentally ill and mentally retarded inmates, either in a separate facility or as part of other institutions or facilities of the department.  

B.  On the recommendation of appropriate medical personnel and with the consent of the Department of Health and Hospitals or other appropriate department, the secretary of the Department of Corrections may transfer an inmate for observation and diagnosis to the Department of Health and Hospitals or other appropriate department or institution for a period not to exceed the length of his sentence.  If the inmate is found to be subject to civil commitment for psychosis or other mental illness or retardation, the secretary of the Department of Corrections shall initiate legal proceedings for such commitment.  If the inmate is not represented by counsel at such legal proceedings, the court shall appoint an attorney to represent him.  Reasonable attorney fees shall be fixed by the judge and shall be paid by the state.  While the inmate is in such other institution his sentence shall continue to run.  

C.  When, in the judgment of the administrator of the institution to which an inmate has been transferred, he has recovered from the condition which occasioned the transfer, he shall be returned to the department, unless his sentence has expired.  

Added by Acts 1968, No. 192, §1.  Amended by Acts 1980, No. 609, §1, eff. July 23, 1980.  

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