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S1315.................................................by HEALTH AND WELFARE
MENTALLY ILL - Amends existing law to reduce the term of commitment of a
mentally ill person from three years to one year.
01/21 Senate intro - 1st rdg - to printing
01/22 Rpt prt - to Health/Wel
01/29 Rpt out - rec d/p - to 2nd rdg
01/30 2nd rdg - to 3rd rdg
02/02 3rd rdg - PASSED - 35-0-0
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
Sweeney, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--None
Floor Sponsor - Whitworth
Title apvd - to House
02/03 House intro - 1st rdg - to Health/Wel
03/09 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/12 3rd rdg - PASSED - 65-0-5
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
Clark, Crane, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20),
Gagner, Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet,
Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander,
Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer,
Miller, Mortensen, Newcomb, Pomeroy, Reynolds, Richman, Ridinger,
Robison, Sali, Schaefer, Stevenson, Stoicheff, Stone, Taylor, Tilman,
Tippets, Trail, Watson, Wheeler, Wood, Zimmermann
NAYS -- None
Absent and excused -- Crow, Jones(9), Pischner, Stubbs, Mr Speaker
Floor Sponsor - Henbest
Title apvd - to Senate
03/13 To enrol
03/16 Rpt enrol - Pres signed
03/16 Sp signed
03/17 To Governor
03/18 Governor signed
Session Law Chapter 78
Effective: 07/01/98
S1315|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1315 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO INVOLUNTARY COMMITMENT OF THE MENTALLY ILL; AMENDING SECTION 3 66-329, IDAHO CODE, TO REDUCE THE LENGTH OF TIME OF AN INVOLUNTARY COMMIT- 4 MENT OF A MENTALLY ILL PERSON AND TO MAKE TECHNICAL CORRECTIONS. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 66-329, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 66-329. COMMITMENT TO DEPARTMENT DIRECTOR UPON COURT ORDER -- JUDICIAL 9 PROCEDURE. (a) Proceedings for the involuntary care and treatment of mentally 10 ill persons by the department of health and welfare may be commenced by the 11 filing of a written application with a court of competent jurisdiction by a 12 friend, relative, spouse or guardian of the proposed patient, or by a licensed 13 physician, prosecuting attorney, or other public official of a municipality, 14 county or of the state of Idaho, or the director of any facility in which such 15 patient may be. 16 (b) The application shall state the name and last known address of the 17 proposed patient; the name and address of either the spouse, guardian, next of 18 kin or friend of the proposed patient; whether the proposed patient can be 19 cared for privately in the event commitment is not ordered; if the proposed 20 patient is, at the time of the application, a voluntary patient; whether the 21 proposed patient has applied for release pursuant to section 66-320, Idaho 22 Code; and a simple and precise statement of the facts showing that the pro- 23 posed patient is mentally ill and either likely to injure himself or others or 24 is gravely disabled. 25 (c) Any such application shall be accompanied by a certificate of a des- 26 ignated examiner stating that he has personally examined the proposed patient 27 within the last fourteen (14) days and is of the opinion that the proposed 28 patient is (i) mentally ill; (ii) likely to injure himself or others or is 29 gravely disabled; and (iii) lacks capacity to make informed decisions about 30 treatment, or a written statement by the applicant that the proposed patient 31 has refused to submit to examination by a designated examiner. 32 (d) Upon receipt of an application for commitment, the court shall, 33 within forty-eight (48) hours appoint another designated examiner to make a 34 personal examination of the proposed patient or if the proposed patient has 35 not been examined, the court shall appoint two (2) designated examiners to 36 make individual personal examinations of the proposed patient and may order 37 the proposed patient to submit to an immediate examination. If neither desig- 38 nated examiner is a physician, the court shall order a physical examination of 39 the proposed patient. At least one (1) designated examiner shall be a psychia- 40 trist, licensed physician or licensed psychologist; no more than one (1) des- 41 ignated examiner may be a physician not practicing psychiatry, a holder of an 42 earned master ' s level or higher degree in social work from an 43 accredited program, a registered nurse with an earned master ' s 2 1 level or higher degree in psychiatric nursing from an accredited program, or a 2 holder of an earned master ' s level or higher degree in psychology 3 from an accredited program. The designated examiners shall report to the court 4 their findings within the following seventy-two (72) hours as to the mental 5 condition of the proposed patient and his need for custody, care, or treatment 6 by a facility. The reports shall be in the form of written certificates which 7 shall be filed with the court. The court may terminate the proceedings and 8 dismiss the application without taking any further action in the event the 9 reports of the designated examiners are to the effect that the proposed 10 patient is not mentally ill or, although mentally ill, is not likely to injure 11 himself or others or is not gravely disabled. If the proceedings are termi- 12 nated, the proposed patient shall be released immediately. 13 (e) If the designated examiner's certificate states a belief that the 14 proposed patient is mentally ill and either likely to injure himself or others 15 or is gravely disabled, the judge of such court shall issue an order authoriz- 16 ing any health officer, peace officer, or director of a facility to take the 17 proposed patient to a facility in the community in which the proposed patient 18 is residing or to the nearest facility to await the hearing and for good cause 19 may authorize treatment during such period subject to the provisions of sec- 20 tion 66-346(a)(4), Idaho Code. Under no circumstances shall the proposed 21 patient be detained in a nonmedical unit used for the detention of individuals 22 charged with or convicted of penal offenses. 23 (f) Upon receipt of such application and designated examiners' reports 24 the court shall appoint a time and place for hearing not more than seven (7) 25 days from the receipt of such designated examiners' reports and thereupon give 26 written notice of such time and place of such hearing together with a copy of 27 the application, designated examiner's certificates, and notice of the pro- 28 posed patient's right to be represented by an attorney, or if indigent, to be 29 represented by a court-appointed attorney, to the applicant, to the proposed 30 patient, to the proposed patient's spouse, guardian, next of kin or friend. 31 With the consent of the proposed patient and his attorney, the hearing may be 32 held immediately. Upon motion of the proposed patient and attorney and for 33 good cause shown, the court may continue the hearing up to an additional four- 34 teen (14) days during which time, for good cause shown, the court may autho- 35 rize treatment. 36 (g) An opportunity to be represented by counsel shall be afforded to 37 every proposed patient, and if neither the proposed patient nor others provide 38 counsel, the court shall appoint counsel in accordance with chapter 8, title 39 19, Idaho Code, no later than the time the application is received by the 40 court. 41 (h) The hearing shall be held at a facility, at the home of the proposed 42 patient, or at any other suitable place not likely to have a harmful effect on 43 the proposed patient's physical or mental health. Venue for the hearing shall 44 be in the county of residence of the proposed patient, unless the patient 45 waives the right to have venue fixed there. 46 (i) In all proceedings under this section, any existing provision of the 47 law prohibiting the disclosure of confidential communications between the des- 48 ignated examiner and proposed patient shall not apply and any designated exam- 49 iner who shall have examined the proposed patient shall be a competent witness 50 to testify as to the proposed patient's condition. 51 (j) The proposed patient, the applicant, and any other persons to whom 52 notice is required to be given shall be afforded an opportunity to appear at 53 the hearing, to testify, and to present and cross-examine witnesses. The pro- 54 posed patient shall be required to be present at the hearing unless the court 55 determines that the mental or physical state of the proposed patient is such 3 1 that his presence at the hearing would be detrimental to the proposed 2 patient's health or would unduly disrupt the proceedings. A record of the pro- 3 ceedings shall be made as for other civil hearings. The hearing shall be con- 4 ducted in as informal a manner as may be consistent with orderly procedure. 5 The court shall receive all relevant and material evidence consistent with the 6 rules of evidence. 7 (k) If, upon completion of the hearing and consideration of the record, 8 the court finds by clear and convincing evidence that the proposed patient: 9 (1) is mentally ill; and 10 (2) is, because of such condition, likely to injure himself or others, or 11 is gravely disabled due to mental illness; 12 the court shall order the proposed patient committed to the custody of the 13 department director for an indeterminate period of time not to exceed14threeone (31 ) years15. The department director, through his dispositioner, shall determine 16 within twenty-four (24) hours the least restrictive available facility consis- 17 tent with the needs of each patient committed under this section for observa- 18 tion, care, and treatment. 19 (l) Nothing in this chapter or in any ruleor regulation20 adopted pursuant thereto shall be construed to authorize the detention or 21 involuntary admission to a hospital or other facility of an individual who: 22 (1) is epileptic, mentally deficient, mentally retarded, impaired by 23 chronic alcoholism or drug abuse, or aged, unless in addition to such con- 24 dition, such person is mentally ill; 25 (2) is a patient under treatment by spiritual means alone, through 26 prayer, in accordance with the tenets and practices of a recognized church 27 or religious denomination by a duly accredited practitioner thereof and 28 who asserts to any authority attempting to detain him that he is under 29 such treatment and who gives the name of a practitioner so treating him to 30 such authority; or 31 (3) can be properly cared for privately with the help of willing and able 32 family or friends, and provided, that such persons may be detained or 33 involuntarily admitted if such persons are mentally ill and present a sub- 34 stantial risk of injury to himself or others if allowed to remain at lib- 35 erty. 36 (m) The order of commitment shall state whether the proposed patient 37 lacks capacity to make informed decisions about treatment, the name and 38 address of the patient's attorney and either the patient's spouse, guardian, 39 adult next of kin, or friend. 40 (n) If the patient has no spouse or guardian and if the patient has prop- 41 erty which may not be cared for pursuant to chapter 5, title 66, Idaho Code, 42 or by the patient while confined at a facility, the court shall appoint a 43 guardian ad litem for the purpose of preserving the patient's estate, pending 44 further guardianship or conservatorship proceedings. 45 (o) The commitment shall continue until the commitment is terminated and 46 shall be unaffected by the patient's conditional release or change in disposi- 47 tion.
STATEMENT OF PURPOSE
RS07466
Currently, mental health commitments to the Department of Health and
Welfare are for a period of three years. Current standards of practice
establish that the average length of time a person needs to be
committed to the Department for treatment is less than one year. Most
states' statutes limit commitments to a shorter period of time.
Restoring consumers to their full rights is a significant step in
rehabilitation and community involvement.
FISCAL IMPACT
It is estimated that there may be between 5-10 persons in a year that
would require a commitment extending over a 12 month period
necessitating a second court hearing. No other costs are anticipated
to be incurred as a result of this change.
CONTACT Name: Roseanne Hardin
Agency: Family and Community Services,
Dept. of Health & Welfare
Phone: 334-5680
Statement of Purpose/Fiscal Impact
S 1315