1998 Legislation
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SENATE BILL NO. 1315 – Mentally ill, involuntary commitmnt


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Daily Data Tracking History

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
      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

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998

                                      IN THE SENATE

                                   SENATE BILL NO. 1315

                             BY HEALTH AND WELFARE COMMITTEE

 1                                        AN ACT

 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:

 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


 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


 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 exceed 
14    three   one  (  3    1  )  year  s
15    .  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 rule  or regulation 
20    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 / Fiscal Impact


                            STATEMENT OF PURPOSE
    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