STATE CHARITABLE INSTITUTIONS
HOSPITALIZATION OF MENTALLY ILL
66-339.Rehospitalization of patients conditionally released from inpatient treatment facilities -- Procedure. (a) Proceedings for the rehospitalization of a patient conditionally released from an inpatient treatment facility may be commenced by the filing of a written application with a court of competent jurisdiction by a prosecuting attorney, judge, designated examiner or other person interested in the patient’s welfare.
(b) The application shall state the patient’s name and last known address; the name and address of either the patient’s spouse, guardian, next of kin or friend, if any; and a simple and precise statement of the facts showing that either the patient has violated a condition of the release or is in need of outpatient commitment, or is again in need of placement in an inpatient treatment facility.
(c) Upon receipt of an application, the court shall issue notice of the time and place of hearing not more than five (5) days, excluding Saturdays, Sundays and holidays, from the filing of the application, ensure that the notice and copy of the application are served on the patient, ensure that the patient is represented by counsel and is advised of his or her right to challenge the allegations of the application, ensure that the patient is examined by two (2) designated examiners; and enter such supplemental orders as may be necessary to protect the patient pending the hearing.
(d) The court shall authorize an outpatient commitment as set out in section 66-339A, Idaho Code, or authorize a dispositioner to enter a change in disposition to an inpatient treatment facility if, at the hearing, conducted substantially as a hearing under section 66-329, Idaho Code, the court finds by clear and convincing evidence that the patient:
(1) Has a mental illness;
(2) Either (i) has violated a condition of the release or (ii) is again in need of placement in an inpatient treatment facility; and
(3) Either (i) is likely to injure himself or others; (ii) is gravely disabled; or (iii) that the course of the patient’s particular mental disorder is such that the patient is likely to injure himself or others or become gravely disabled in the foreseeable future if the patient is not placed in an inpatient treatment facility.
(e) Within twenty-four (24) hours of the court’s authorization, a dispositioner shall determine the least restrictive available inpatient treatment facility consistent with the needs of the patient to be rehospitalized. Within seventy-two (72) hours of the court’s authorization, the sheriff of the county in which the patient is present shall transport the patient to the facility designated by the dispositioner. The department of health and welfare shall assume responsibility for the usual and customary treatment costs, as defined in section 66-327(b), Idaho Code, after the patient is dispositioned and transported to a state facility.
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