Comment by Mandy C. Foster
Louisiana's conditional discharge laws are an extension of the laws governing involuntary inpatient commitment for mental health treatment. The primary difference is that with conditional discharge, patients live in the community, not in psychiatric hospitals, and come to treatment centers to receive medication or other treatment for mental illness. While Louisiana's outpatient treatment program has had some success, it suffers from a lack of enforcement mechanisms to facilitate access to and compliance with treatment. This Comment examines the structure and application of Louisiana's conditional discharge law, addresses the moral and legal challenges facing any involuntary treatment procedure, and proposes a statutory revision of this law to meet the goal of promoting mental health and personal autonomy for those with severe and persistent mental illness.
About the Author
Mandy C. Foster. J.D. candidate 2004, Tulane University School of Law; M.A. 2001, University of Tennessee at Knoxville; B.A. 1998, Louisiana State University.
Citation
78 Tul. L. Rev. 1351 (2004)