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S1316aaH..............................................by HEALTH AND WELFARE
MENTALLY ILL - Amends existing law to provide that a person may be held in
detention without hearing for not more than 24 hours for purposes of
evaluation of potential mental disability if there is reason to believe or
evidence that the person is gravely disabled due to a mental illness; and
to reduce the maximum term of involuntary commitment.
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 - Wheeler
Title apvd - to House
02/03 House intro - 1st rdg - to Health/Wel
03/11 Rpt out - to Gen Ord
03/12 Rpt out amen - to 1st rdg as amen
03/13 1st rdg - to 2nd rdg as amen
03/16 2nd rdg - to 3rd rdg as amen
03/17 3rd rdg as amen - PASSED - 60-0-10
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black(15),
Black(23), Boe, Bruneel, Callister, Chase, Clark, Crane, Cuddy, Deal,
Denney, Ellsworth, Field(20), Geddes, Gould, Hadley, Henbest,
Hornbeck, Jaquet, Jones(20), Judd, Kellogg, Kempton, Kendell,
Kjellander, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague,
Meyer, Miller, Mortensen, Newcomb, Pischner, Pomeroy, Reynolds,
Richman, Robison, Sali, Schaefer, Stevenson, Stoicheff, Stone,
Stubbs, Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Zimmermann,
Mr Speaker
NAYS -- None
Absent and excused -- Bivens, Campbell, Crow, Field(13), Gagner,
Hansen, Jones(9), Jones(22), Ridinger, Wood
Floor Sponsor - Black(23) Black(15)
Title apvd - to Senate
03/18 To Senate 10th Ord
03/18 Senate concurred in House amens - to engros
03/19 Rpt engros - 1st rdg - to 2nd rdg as amen
03/20 2nd rdg - to 3rd rdg as amen
03/20 Rls susp - PASSED - 33-0-2
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
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--Crow, Danielson
Floor Sponsor - Wheeler
Title apvd - to enrol
03/20 Rpt enrol - Pres signed
03/23 Sp signed - to Governor
03/25 Governor signed
Session Law Chapter 341
Effective: 07/01/98
S1316|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1316, As Amended in the House BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO TERMS OF DETENTION OF A PERSON POTENTIALLY MENTALLY ILL; AMENDING 3 SECTION 66-326, IDAHO CODE, TO PROVIDE AN ADDITIONAL CONDITION FOR THE 4 DETENTION WITHOUT HEARING OF A PERSON POTENTIALLY MENTALLY ILL; AND AMEND- 5 ING SECTION 66-329, IDAHO CODE, TO CLARIFY EXCLUSIONS FROM PROVISIONS FOR 6 INVOLUNTARY ADMISSION AND TO REDUCE THE MAXIMUM TERM OF INVOLUNTARY COM- 7 MITMENT. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 66-326, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 66-326. DETENTION WITHOUT HEARING. (a) No person shall be taken into cus- 12 tody as an alleged emergency patient unless and until the court has ordered 13 such apprehension and custody under the provisions outlined in section 66-329, 14 Idaho Code; provided, however, that a person may be taken into custody by a 15 peace officer and placed in a facility, if the peace officer has reason to 16 believe that the person is gravely disabled due to mental illness or the 17 person's continued liberty poses an imminent danger to that person or 18 others, as evidenced by a threat of substantial physical harm; provided, under 19 no circumstances shall the proposed patient be detained in a nonmedical unit 20 used for the detention of individuals charged with or convicted of penal 21 offenses. Whenever a person is taken into custody under this section without 22 court order, the evidence supporting the claim of grave disability due 23 to mental illness or imminent danger must be presented to a duly autho- 24 rized court within twenty-four (24) hours from the time the individual was 25 placed in custody. 26 (b) If the court finds the individual to be gravely disabled due to 27 mental illness or imminently dangerous under subsection (a) of this 28 section, the court shall issue a temporary custody order requiring the person 29 to be held in a facility, and requiring an examination of the person by a des- 30 ignated examiner within twenty-four (24) hours of the entry of the order of 31 the court. Under no circumstances shall the proposed patient be detained in a 32 nonmedical unit used for the detention of individuals charged with or con- 33 victed of penal offenses. 34 (c) Where an examination is required under subsection (b) of this sec- 35 tion, the designated examiner shall make his findings and report to the court 36 within twenty-four (24) hours of the examination. 37 (d) If the designated examiner finds, in his examination under this sec- 38 tion, that the person is mentally ill, and either is likely to injure himself 39 or others or is gravely disabled due to mental illness , the pros- 40 ecuting attorney shall file, within twenty-four (24) hours of the examination 41 of the person, a petition with the court requesting the patient's detention 42 pending commitment proceedings pursuant to the provisions of section 66-329, 43 Idaho Code. Upon the receipt of such a petition, the court shall order his 2 1 detention to await hearing which shall be within five (5) days (including Sat- 2 urdays, Sundays and legal holidays) of the detention order. If no petition is 3 filed within twenty-four (24) hours of the designated examiner's examination 4 of the person, the person shall be released. 5 (e) Any person held in custody under the provisions of this section shall 6 have the same protection and rights which are guaranteed to a person already 7 committed to the department director. Upon taking a person into custody, 8 notice shall be given to the person's immediate relatives of the person's 9 physical whereabouts and the reasons for taking the person into custody. 10 SECTION 2. That Section 66-329, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 66-329. COMMITMENT TO DEPARTMENT DIRECTOR UPON COURT ORDER -- JUDICIAL 13 PROCEDURE. (a) Proceedings for the involuntary care and treatment of mentally 14 ill persons by the department of health and welfare may be commenced by the 15 filing of a written application with a court of competent jurisdiction by a 16 friend, relative, spouse or guardian of the proposed patient, or by a licensed 17 physician, prosecuting attorney, or other public official of a municipality, 18 county or of the state of Idaho, or the director of any facility in which such 19 patient may be. 20 (b) The application shall state the name and last known address of the 21 proposed patient; the name and address of either the spouse, guardian, next of 22 kin or friend of the proposed patient; whether the proposed patient can be 23 cared for privately in the event commitment is not ordered; if the proposed 24 patient is, at the time of the application, a voluntary patient; whether the 25 proposed patient has applied for release pursuant to section 66-320, Idaho 26 Code; and a simple and precise statement of the facts showing that the pro- 27 posed patient is mentally ill and either likely to injure himself or others or 28 is gravely disabled due to mental illness . 29 (c) Any such application shall be accompanied by a certificate of a des- 30 ignated examiner stating that he has personally examined the proposed patient 31 within the last fourteen (14) days and is of the opinion that the proposed 32 patient is (i) mentally ill; (ii) likely to injure himself or others or is 33 gravely disabled due to mental illness ; and (iii) lacks capacity 34 to make informed decisions about treatment, or a written statement by the 35 applicant that the proposed patient has refused to submit to examination by a 36 designated examiner. 37 (d) Upon receipt of an application for commitment, the court shall, 38 within forty-eight (48) hours appoint another designated examiner to make a 39 personal examination of the proposed patient or if the proposed patient has 40 not been examined, the court shall appoint two (2) designated examiners to 41 make individual personal examinations of the proposed patient and may order 42 the proposed patient to submit to an immediate examination. If neither desig- 43 nated examiner is a physician, the court shall order a physical examination of 44 the proposed patient. At least one (1) designated examiner shall be a psychia- 45 trist, licensed physician or licensed psychologist; no more than one (1) des- 46 ignated examiner may be a physician not practicing psychiatry, a holder of an 47 earned master ' s level or higher degree in social work from an 48 accredited program, a registered nurse with an earned master ' s 49 level or higher degree in psychiatric nursing from an accredited program, or a 50 holder of an earned master ' s level or higher degree in psychology 51 from an accredited program. The designated examiners shall report to the court 52 their findings within the following seventy-two (72) hours as to the mental 53 condition of the proposed patient and his need for custody, care, or treatment 3 1 by a facility. The reports shall be in the form of written certificates which 2 shall be filed with the court. The court may terminate the proceedings and 3 dismiss the application without taking any further action in the event the 4 reports of the designated examiners are to the effect that the proposed 5 patient is not mentally ill or, although mentally ill, is not likely to injure 6 himself or others or is not gravely disabled due to mental illness 7 . If the proceedings are terminated, the proposed patient shall be 8 released immediately. 9 (e) If the designated examiner's certificate states a belief that the 10 proposed patient is mentally ill and either likely to injure himself or others 11 or is gravely disabled due to mental illness , the judge of such 12 court shall issue an order authorizing any health officer, peace officer, or 13 director of a facility to take the proposed patient to a facility in the com- 14 munity in which the proposed patient is residing or to the nearest facility to 15 await the hearing and for good cause may authorize treatment during such 16 period subject to the provisions of section 66-346(a)(4), Idaho Code. Under no 17 circumstances shall the proposed patient be detained in a nonmedical unit used 18 for the detention of individuals charged with or convicted of penal offenses. 19 (f) Upon receipt of such application and designated examiners' reports 20 the court shall appoint a time and place for hearing not more than seven (7) 21 days from the receipt of such designated examiners' reports and thereupon give 22 written notice of such time and place of such hearing together with a copy of 23 the application, designated examiner's certificates, and notice of the pro- 24 posed patient's right to be represented by an attorney, or if indigent, to be 25 represented by a court-appointed attorney, to the applicant, to the proposed 26 patient, to the proposed patient's spouse, guardian, next of kin or friend. 27 With the consent of the proposed patient and his attorney, the hearing may be 28 held immediately. Upon motion of the proposed patient and attorney and for 29 good cause shown, the court may continue the hearing up to an additional four- 30 teen (14) days during which time, for good cause shown, the court may autho- 31 rize treatment. 32 (g) An opportunity to be represented by counsel shall be afforded to 33 every proposed patient, and if neither the proposed patient nor others provide 34 counsel, the court shall appoint counsel in accordance with chapter 8, title 35 19, Idaho Code, no later than the time the application is received by the 36 court. 37 (h) The hearing shall be held at a facility, at the home of the proposed 38 patient, or at any other suitable place not likely to have a harmful effect on 39 the proposed patient's physical or mental health. Venue for the hearing shall 40 be in the county of residence of the proposed patient, unless the patient 41 waives the right to have venue fixed there. 42 (i) In all proceedings under this section, any existing provision of the 43 law prohibiting the disclosure of confidential communications between the des- 44 ignated examiner and proposed patient shall not apply and any designated exam- 45 iner who shall have examined the proposed patient shall be a competent witness 46 to testify as to the proposed patient's condition. 47 (j) The proposed patient, the applicant, and any other persons to whom 48 notice is required to be given shall be afforded an opportunity to appear at 49 the hearing, to testify, and to present and cross-examine witnesses. The pro- 50 posed patient shall be required to be present at the hearing unless the court 51 determines that the mental or physical state of the proposed patient is such 52 that his presence at the hearing would be detrimental to the proposed 53 patient's health or would unduly disrupt the proceedings. A record of the pro- 54 ceedings shall be made as for other civil hearings. The hearing shall be con- 55 ducted in as informal a manner as may be consistent with orderly procedure. 4 1 The court shall receive all relevant and material evidence consistent with the 2 rules of evidence. 3 (k) If, upon completion of the hearing and consideration of the record, 4 the court finds by clear and convincing evidence that the proposed patient: 5 (1) is mentally ill; and 6 (2) is, because of such condition, likely to injure himself or others, or 7 is gravely disabled due to mental illness; 8 the court shall order the proposed patient committed to the custody of the 9 department director for an indeterminate period of time not to exceed10three (3) yearsone (1) year . The department director, 11 through his dispositioner, shall determine within twenty-four (24) hours the 12 least restrictive available facility consistent with the needs of each patient 13 committed under this section for observation, care, and treatment. 14 (l) Nothing in this chapter or in any rule or regulation adopted pursuant 15 thereto shall be construed to authorize the detention or involuntary admission 16 to a hospital or other facility of an individual who: 17 (1)is epileptic, mentally deficient, mentally retarded,18 has epilepsy, a developmental disability, a physical disability, 19 mental retardation, is impaired by chronic alcoholism or drug 20 abuse, or aged, unless in addition to such condition, such person is men- 21 tally ill; 22 (2) is a patient under treatment by spiritual means alone, through 23 prayer, in accordance with the tenets and practices of a recognized church 24 or religious denomination by a duly accredited practitioner thereof and 25 who asserts to any authority attempting to detain him that he is under 26 such treatment and who gives the name of a practitioner so treating him to 27 such authority; or 28 (3) can be properly cared for privately with the help of willing and able 29 family or friends, and provided, that such persons may be detained or 30 involuntarily admitted if such persons are mentally ill and present a sub- 31 stantial risk of injury to himself or others if allowed to remain at lib- 32 erty. 33 (m) The order of commitment shall state whether the proposed patient 34 lacks capacity to make informed decisions about treatment, the name and 35 address of the patient's attorney and either the patient's spouse, guardian, 36 adult next of kin, or friend. 37 (n) If the patient has no spouse or guardian and if the patient has prop- 38 erty which may not be cared for pursuant to chapter 5, title 66, Idaho Code, 39 or by the patient while confined at a facility, the court shall appoint a 40 guardian ad litem for the purpose of preserving the patient's estate, pending 41 further guardianship or conservatorship proceedings. 42 (o) The commitment shall continue until the commitment is terminated and 43 shall be unaffected by the patient's conditional release or change in disposi- 44 tion.
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STATEMENT OF PURPOSE
RS 07465
This change in statute will allow for law enforcement to pick
up, transport and hold an individual who appears to be gravely
disabled, unable to care for themselves due to mental illness
or ingestion of substances, until an initial assessment is
done. Upon completion of the assessment it may be determined
that mental health treatment or substance abuse treatment is
needed for the safety of the individual. The individual can
then access those existing programs within the community.
The second change in the proposed legislation is to clarify
the language to state the a person must be mentally ill to be
treated under this statute and that mental illness may
co-occur with other diseases or disorders such as epilepsy or
mental deficiency.
FISCAL IMPACT
It is anticipated that there will be some additional costs at
the county level, but the amount of those costs is unknown at
this time.
Contact:
Name: Roseanne Hardin
Agency: Div. of Family and Community Services, DHW
Phone: 334-5680
S1316