Establishes a homeless diversion pilot program in Orleans Parish (RE SEE FISC NOTE LF EX)

This legislation enacts Chapter 33-D of Title 13 of the Louisiana Revised Statutes, creating the Homeless Diversion Pilot Program exclusively in Orleans Parish. The program allows the Orleans Parish district attorney to establish a pretrial diversion initiative for homeless defendants, operating either through the district attorney's office or a contracted vendor. Upon referral to the program, eligible homeless defendants may be placed on probation with court-approved terms and conditions encompassing integrated health care, housing assistance, employment services, substance abuse treatment, mental health services, and other rehabilitative support. The core legal mechanism permits the district attorney to defer criminal proceedings and request probation placement, with successful completion resulting in automatic dismissal of charges without adjudication of guilt or a conviction record. The statute also establishes that program participants who violate probation terms may have their probation revoked and face sentencing, with any adjudication retroactive to the initial plea or conviction.

The practical impact of this legislation directly affects homeless individuals charged with crimes in Orleans Parish, who gain access to an alternative to traditional prosecution that provides comprehensive support services including treatment for substance abuse and mental illness, job training, and housing assistance. The Orleans Parish district attorney's office gains authority and discretion to create diversion criteria and policies, decide which individuals qualify for program participation, and determine when dismissals are warranted following successful completion. Defense attorneys and prosecutors in Orleans Parish will operate under nonadversarial approaches designed to promote both public safety and due process protections for participants. The Louisiana Supreme Court will receive annual evaluations of the program's effectiveness, allowing judicial oversight of its operations and outcomes.

This legislation operates within the existing framework of Louisiana's criminal procedure laws governing pretrial diversion, codified in R.S. 13:1801 et seq., and builds upon established mechanisms allowing district attorneys to defer prosecution and seek probation under reasonable terms and conditions. The statute interacts with substantive criminal law regarding drug and alcohol offenses typically associated with homeless populations, as well as with mental health treatment statutes and housing assistance programs administered through state and federal agencies. The provision that dismissal of charges shall not constitute a conviction and shall not impose disqualifications or disabilities imposed by law upon conviction aligns with Louisiana's policy of rehabilitation through diversion and protects participants' eligibility for future employment and licensing opportunities. The once-per-person limitation on such dismissals reflects legislative intent to restrict the benefit to a single opportunity while maintaining the serious nature of criminal accountability.