House Bill No. by Representative Butler seeks to improve the legal framework for mandatory drug testing, screening, and assessment for offenders eligible for drug and specialty court programs. The bill amends Articles 320 and 893 of the Code of Criminal Procedure to require pretrial drug testing for individuals arrested for specific offenses, including violations of the Uniform Controlled Dangerous Substances Law. It mandates that drug testing be conducted within 24 hours of booking and includes provisions for subsequent random testing. Individuals who test positive will undergo clinical screening to assess for substance use disorders and their suitability for drug or specialty court programs. The bill also emphasizes the confidentiality of drug testing records and allows costs associated with mandatory testing to be funded through opioid funds.

Additionally, the bill introduces new provisions under Article 904, detailing the criteria for assessing a defendant's suitability for drug or specialty court programs, which will be conducted by a licensed treatment professional. The findings from these assessments will be reported to the court while maintaining confidentiality. The legislation also modifies conditions for probation placement and clarifies criteria for assessing defendants, allowing for sentence suspension with district attorney consent if a suitable program is available. It ensures that records obtained during this process remain confidential and can only be disclosed with the defendant's consent, except for specific legal purposes, and provides for automatic expungement of records for individuals who successfully complete the program. Overall, the bill aims to enhance the effectiveness of drug treatment programs while safeguarding the rights and confidentiality of defendants.

Statutes affected:
HB633 Original: 13:5304(B)(3), 15:1(C)(3)