1998 Legislation
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SENATE BILL NO. 1316, As Amended in the House – Mentally ill, detention w/o hearing

SENATE BILL NO. 1316, As Amended in the House

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Daily Data Tracking History



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

Bill Text


S1316


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

                                      IN 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  exceed  
10    three  (3)  years     one (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.

Statement of Purpose / Fiscal Impact


    





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                                  REPRINT
    
                            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