Dismissal of certain criminal charges upon completion of Homelessness Court

§5386. Dismissal of certain criminal charges upon completion of Homelessness Court probation program A. Notwithstanding any other provision of law to the contrary and when it appears that the best interests of the public and of the defendant will be served, the court may, with the prior approval of the district attorney, defer proceedings and place any defendant eligible for participation in a Homelessness Court program on probation with reasonable terms and conditions as may be required by the court and in accordance with the provisions of this Chapter. B. Upon the defendant's violation of any of the terms or conditions of his probation, the court may revoke his probation, enter an adjudication of guilt, and impose sentence upon the defendant. The entering of the adjudication of guilt shall be retroactive to the date the defendant pled guilty or was convicted pursuant to Subsection A of this Section, but the imposition or execution of sentence shall not be retroactive. C. The court shall discharge the defendant and dismiss the proceedings against him upon fulfillment of the terms and conditions of probation imposed in accordance with this Section. D. The discharge and dismissal of charges pursuant to this Section shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions pursuant to R.S. 40:982. The discharge and dismissal of charges pursuant to this Section may occur only once with respect to any defendant. E. The good-faith enforcement, investigation, citation, or prosecution of an alleged violation of this Section by a political subdivision or its officers or employees is a policymaking or discretionary act within the meaning of R.S. 9:2798.1, and the immunity provided by that Section shall apply. Acts 2026, No. 788, §1, eff. June 9, 2026.