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La. Rev. Stat. § 28:59 (2026)

Commitment of prisoners

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§59. Commitment of prisoners

           A. Any person found not guilty by reason of insanity by a criminal court may be ordered to the proper institution in accordance with Code of Criminal Procedure Article. 654 et seq.

           B. Any person who is determined to lack the capacity to proceed, who will not attain the capacity to proceed with his trial in the foreseeable future, and who is not a danger to himself or others, shall be discharged in accordance with Code of Criminal Procedure Ariticle 648 et seq. However, this release is without prejudice to any right the state may have to institute civil commitment proceedings pursuant to R.S. 28:53 or 54. Furthermore, this person may be held in a treatment facility for a reasonable time period pending the judicial commitment hearing. If judicial commitment proceedings are necessary, they shall be instituted pursuant to Code of Criminal Procedure Article 648(B)(3) after a determination that the person will not attain the capacity to proceed with his trial.

           C. Any person serving a sentence who develops a mental illness may be committed to the proper institution in the manner provided for judicial commitment by the district court of the place of incarceration and contradictorily with the director or administrator of the place of incarceration or with the sheriff of that parish. The period of commitment shall be credited against the sentence imposed by the court.

           D. The department shall designate treatment facilities for the care of clients who have a mental illness committed in accordance with this Section.

           Amended by Acts 1974, No. 294, §1; Acts 1977, No. 714, §1; Acts 1978, No. 782, §1, eff. July 17, 1978; Acts 1987, No. 928, §2, eff. July 20, 1987; Acts 1990, No. 489, §1; Acts 2017, No. 369, §2, eff. August 1, 2017; Acts 2017, No. 370, §1, eff. June 23, 2017.

Notes of Decisions
Cited in 11 cases, 1955–2015 · leading case: Herman Francois v. Murray Henderson, 850 F.2d 231 (5th Cir. 1988).
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Herman Francois v. Murray Henderson, 850 F.2d 231 (5th Cir. 1988). · cites it 3× “R.S. 28:59 called for commitment of insanity acquittees “in the manner provided for judicial commitment.”
State v. Francois, 445 So. 2d 416 (La. 1983). · cites it 9× “R.S. 28:59 (a provision of the Mental Health Act) as originally enacted, came from 1946 La.”
Ray Jackson v. Charles Foti, Jr., 670 F.2d 516 (5th Cir. 1982). · cites it 2× “R.S. 28:59, subsection A of which reads: Any person acquitted of a crime or misdemeanor by reason of insanity or mental defect may be committed to the pro¡ er institution in the manner provided for judicial commitment by the district court of acquittal and contradictorily with…”
Jacoby v. State, 434 So. 2d 570 (La. Ct. App. 1983). “R.S. 28:59 (convicted prisoner becomes mentally ill while incarcerated).”
Harper v. State ex rel. Dep't of Health & Hospitals, 176 So. 3d 479 (La. Ct. App. 2015). “The continuum of care may include but not limited to group homes and supportive housing services, programs, and facilities.”
Benham v. Edwards, 501 F. Supp. 1050 (N.D. Ga. 1980). “288 (1956); La. Rev.Stat.Ann. § 28:59 (1951) (misdemeanors only); Wyo.”
State v. Foucha, 563 So. 2d 1138 (La. 1990). “R.S. 28:59(A) provides: "Any person acquitted of a crime or misdemeanor by reason or insanity or mental defect may be committed to the proper institution in accordance with Code of Criminal Procedure Arts.”
Jennings v. Hunt, 272 So. 2d 333 (La. 1973). “R.S. 28:59. We see no reason why a different rule should apply when the prisoner is confined in a Florida mental institution solely as the result of a detainer placed against him because of his Louisiana sentence.”
State v. Perez, 548 So. 2d 6 (La. Ct. App. 1989). “LSA-R.S. 28:59(A) provides that any person acquitted of a crime by reason of insanity may be committed to the proper institution in accordance with Code of Criminal Procedure Arts.”
State ex rel. Ingram v. Robard, 82 So. 2d 788 (La. Ct. App. 1955). · cites it 5× “In addition, under the circumstances of confinement under the provisions of LSA-R.S. 28:59 as having become mentally ill while serving sentence, the First Judicial District -.”
State v. Nighth, 836 So. 2d 303 (La. Ct. App. 2002). · cites it 3× “R.S. 28:59, which states that: B. Any person who is determined to lack the capacity to proceed, who will not attain the capacity to proceed with his trial in the foreseeable future, and who is not a danger to himself or others, shall be discharged in accordance with Code of…”
La. Rev. Stat. § 28:59(A): 4 cases
State v. Francois, 445 So. 2d 416 (La. 1983). “R.S. 28:59 (a provision of the Mental Health Act) as originally enacted, came from 1946 La.”
Herman Francois v. Murray Henderson, 850 F.2d 231 (5th Cir. 1988). “R.S. 28:59 called for commitment of insanity acquittees “in the manner provided for judicial commitment.”
State v. Foucha, 563 So. 2d 1138 (La. 1990). “R.S. 28:59(A) provides: "Any person acquitted of a crime or misdemeanor by reason or insanity or mental defect may be committed to the proper institution in accordance with Code of Criminal Procedure Arts.”
State v. Perez, 548 So. 2d 6 (La. Ct. App. 1989). “LSA-R.S. 28:59(A) provides that any person acquitted of a crime by reason of insanity may be committed to the proper institution in accordance with Code of Criminal Procedure Arts.”
La. Rev. Stat. § 28:59(B): 1 case
State v. Nighth, 836 So. 2d 303 (La. Ct. App. 2002). “R.S. 28:59, which states that: B. Any person who is determined to lack the capacity to proceed, who will not attain the capacity to proceed with his trial in the foreseeable future, and who is not a danger to himself or others, shall be discharged in accordance with Code of…”
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