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H0431................................by JUDICIARY, RULES AND ADMINISTRATION PROBATION AND PAROLE OFFICERS - Amends existing law to provide that probation and parole officers shall be defined as "peace officers" authorized to arrest and place mentally ill or imminently dangerous probationers and parolees in a mental health treatment facility. 01/20 House intro - 1st rdg - to printing 01/23 Rpt prt - to Jud 02/16 Rpt out - rec d/p - to 2nd rdg 02/17 2nd rdg - to 3rd rdg 02/22 3rd rdg - PASSED - 68-0-2 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Ellsworth, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali(Sali), Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie(Luker), Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Edmunson, Eskridge Floor Sponsor - Bastian Title apvd - to Senate 02/23 Senate intro - 1st rdg - to Jud 03/07 Rpt out - rec d/p - to 2nd rdg 03/08 2nd rdg - to 3rd rdg 03/09 3rd rdg - PASSED - 34-0-1 AYES -- Andreason(Hatch), Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Werk, Williams NAYS -- None Absent and excused -- Sweet Floor Sponsor - Darrington Title apvd - to House 03/10 To enrol 03/13 Rpt enrol - Sp signed 03/14 Pres signed 03/15 To Governor 03/15 Governor signed Session Law Chapter 91 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 431 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO DETENTION WITHOUT HEARING FOR CERTAIN MENTALLY ILL PERSONS; AMEND- 3 ING SECTION 66-326, IDAHO CODE, TO PROVIDE THAT PROBATION AND PAROLE OFFI- 4 CERS SHALL BE DEFINED AS PEACE OFFICERS AUTHORIZED TO ARREST AND PLACE 5 MENTALLY ILL OR IMMINENTLY DANGEROUS PROBATIONERS AND PAROLEES IN A MENTAL 6 HEALTH TREATMENT FACILITY. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 66-326, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 66-326. DETENTION WITHOUT HEARING. (a) No person shall be taken into cus- 11 tody as an alleged emergency patient unless and until the court has ordered 12 such apprehension and custody under the provisions outlined in section 66-329, 13 Idaho Code; provided, however, that a person may be taken into custody by a 14 peace officer and placed in a facility, if the peace officer has reason to 15 believe that the person is gravely disabled due to mental illness or the 16 person's continued liberty poses an imminent danger to that person or others, 17 as evidenced by a threat of substantial physical harm; provided, under no cir- 18 cumstances shall the proposed patient be detained in a nonmedical unit used 19 for the detention of individuals charged with or convicted of penal offenses. 20 For purposes of this section, the term "peace officer" shall include state 21 probation and parole officers exercising their authority to supervise proba- 22 tioners and parolees. Whenever a person is taken into custody under this sec- 23 tion without court order, the evidence supporting the claim of grave disabil- 24 ity due to mental illness or imminent danger must be presented to a duly 25 authorized court within twenty-four (24) hours from the time the individual 26 was placed in custody. 27 (b) If the court finds the individual to be gravely disabled due to men- 28 tal illness or imminently dangerous under subsection (a) of this section, the 29 court shall issue a temporary custody order requiring the person to be held in 30 a facility, and requiring an examination of the person by a designated exam- 31 iner within twenty-four (24) hours of the entry of the order of the court. 32 Under no circumstances shall the proposed patient be detained in a nonmedical 33 unit used for the detention of individuals charged with or convicted of penal 34 offenses. 35 (c) Where an examination is required under subsection (b) of this sec- 36 tion, the designated examiner shall make his findings and report to the court 37 within twenty-four (24) hours of the examination. 38 (d) If the designated examiner finds, in his examination under this sec- 39 tion, that the person is mentally ill, and either is likely to injure himself 40 or others or is gravely disabled due to mental illness, the prosecuting attor- 41 ney shall file, within twenty-four (24) hours of the examination of the per- 42 son, a petition with the court requesting the patient's detention pending com- 43 mitment proceedings pursuant to the provisions of section 66-329, Idaho Code. 2 1 Upon the receipt of such a petition, the court shall order his detention to 2 await hearing which shall be within five (5) days (including Saturdays, Sun- 3 days and legal holidays) of the detention order. If no petition is filed 4 within twenty-four (24) hours of the designated examiner's examination of the 5 person, the person shall be released. 6 (e) Any person held in custody under the provisions of this section shall 7 have the same protection and rights which are guaranteed to a person already 8 committed to the department director. Upon taking a person into custody, 9 notice shall be given to the person's immediate relatives of the person's 10 physical whereabouts and the reasons for taking the person into custody.
STATEMENT OF PURPOSE RS 15495 The purpose of this amendment to I.C. 66-326 is to grant authority to probation and parole officers to place a probationer or parolee into a mental health treatment facility to protect the probationer or parolee and/or the public. The authority is granted by amending the statute that allows any peace officer to arrest and place into a mental health treatment facility any individual believed to be gravely disabled due to mental illness or to be a danger to himself or the public. The amendment consists of language that includes, within the definition of “peace officer”, state probation and parole officers who are exercising their authority to supervise probationers and parolees. This would grant specific authority to a state probation and parole officer to place a probationer or parolee over whom the officer has supervisory authority into a mental health facility. The authority to take this action is not extended to a probation and parole officer in situations involving persons who are not on probation or parole. Also, this grant of authority would not preclude other peace officers, not serving as state probation and parole officers, from placing into a mental health treatment facility an individual who may be on probation or parole, under appropriate circumstances. FISCAL NOTE The fiscal impact is negligible. I.C.66-637(a) states that all costs associated with commitment proceedings, including fees of designated examiners and facility costs, are charged to the offender subject to judicial proceedings or the ability of the offender’s family to pay. If indigent, costs are charged to the county after family assets have been considered. I.C. 66-327(b) states that the Dept. of Health and Welfare then assumes responsibility for usual and customary costs after the patient is dispositioned to the custody of the State of Idaho. It is not anticipated that this amendment will increase the number of commitments to mental health facilities, but simply allow for probation and parole officers to make these determinations involving persons under their supervision. CONTACT Name: Vanna Kay Donovan Agency: Correction, Dept. of Phone: 658-2103 STATEMENT OF PURPOSE/FISCAL NOTE H 431