View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
S1377.................................................by HEALTH AND WELFARE
MENTAL ILLNESS - OUTPATIENT COMMITMENT - Amends and adds to existing law to
adopt a procedure governing outpatient commitment of certain persons with
mental illness to allow an individual to continue treatment for a mental
illness under close supervision, but outside a hospital setting. If
successful, it could prevent the need to rehospitalize persons who may
deteriorate when not following their prescribed course of treatment.
01/30 Senate intro - 1st rdg - to printing
02/02 Rpt prt - to Health/Wel
02/05 Rpt out - rec d/p - to 2nd rdg
02/06 2nd rdg - to 3rd rdg
02/12 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 Sponsors - Wheeler, King, Keough, Whitworth
Title apvd - to House
02/13 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 - 63-0-7
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black(15), 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, Stubbs, Taylor, Tilman,
Tippets, Trail, Watson, Wheeler, Zimmermann
NAYS -- None
Absent and excused -- Bivens, Black(23), Crow, Jones(9), Pischner,
Wood, Mr Speaker
Floor Sponsor - Reynolds
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 90
Effective: 07/01/99
S1377|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1377 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO TREATMENT OF PERSONS WITH MENTAL ILLNESS; AMENDING SECTION 66-317, 3 IDAHO CODE, TO DEFINE OUTPATIENT COMMITMENT AND TO MAKE TECHNICAL CORREC- 4 TIONS; AMENDING SECTION 66-338, IDAHO CODE, TO FURTHER DESCRIBE TERMS FOR 5 CONDITIONAL RELEASE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 6 66-339, IDAHO CODE, TO SPECIFY CONDITIONS FOR REHOSPITALIZATION OF 7 PATIENTS CONDITIONALLY RELEASED; AMENDING CHAPTER 3, TITLE 66, IDAHO CODE, 8 BY THE ADDITION OF A NEW SECTION 66-339A, IDAHO CODE, TO DESCRIBE THE CON- 9 DITIONS FOR OUTPATIENT COMMITMENT; AMENDING CHAPTER 3, TITLE 66, IDAHO 10 CODE, BY THE ADDITION OF A NEW SECTION 66-339B, IDAHO CODE, TO GOVERN THE 11 CONDUCT OF A HEARING FOR OUTPATIENT COMMITMENT; AMENDING CHAPTER 3, TITLE 12 66, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 66-339C, IDAHO CODE, TO 13 SPECIFY PROCEDURE WHEN THERE IS NONCOMPLIANCE WITH A COURT ORDER FOR OUT- 14 PATIENT COMMITMENT; AMENDING SECTION 18-211, IDAHO CODE, TO CORRECT CITA- 15 TIONS; AMENDING SECTION 18-3302, IDAHO CODE, TO CORRECT CITATIONS; AND 16 PROVIDING AN EFFECTIVE DATE. 17 Be It Enacted by the Legislature of the State of Idaho: 18 SECTION 1. That Section 66-317, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 66-317. DEFINITIONS. As used in this chapter, terms shall have the fol- 21 lowing meanings: 22 (a) "Department director"shallmean s the 23 director of the state department of health and welfare. 24 (b) "Voluntary patient"shallmean s an individ- 25 ual admitted to a facility for evaluation pursuant to sections 16-1814,26or18-211,or 20-520, Idaho Code, or admitted 27 to a facility for treatment pursuant to section 66-318, Idaho Code. 28 (c) "Involuntary patient"shallmean s an indi- 29 vidual committed pursuant to sections18-212, 18-214, 66-329 or 30 66-1201, Idaho Code, or committed pursuant to section 16-1610 or16-18143120-520 , Idaho Code, and admitted to a facility for the 32 treatment of minors. 33 (d) "Licensed physician"shallmean s an indi- 34 vidual licensed under the laws of this state to practice medicine or a medical 35 officer of the government of the United States while in this state in the per- 36 formance of his official duties. 37 (e) "Designated examiner"shallmean s any per- 38 son designated by the department director as specially qualified by training 39 and experience in the diagnosis and treatment of mental or mentally related 40 illnesses or conditions. Such persons shall be psychiatrists, licensed psy- 41 chologists, licensed physicians, a holder of an earned masters level or higher 42 degree in social work from an accredited program, a registered nurse with an 43 earned masters level or higher degree in psychiatric nursing from an accred- 2 1 ited program, or a holder of an earned masters level or higher degree in psy- 2 chology from an accredited program. 3 (f) "Dispositioner"shallmean s a designated 4 examiner employed by or under contract with the department of health and wel- 5 fare and designated by the department director to determine the appropriate 6 location for care and treatment of involuntary patients. 7 (g) "Facility"shallmean s any public or pri- 8 vate hospital, sanatorium, institution, mental health center or other organi- 9 zation designated in accordance withregulationsrules 10 adopted by the board of health and welfare as equipped to initially 11 hold, evaluate, rehabilitate or to provide care or treatment, or both, for the 12 mentally ill. 13 (h)"Emancipated minor" shall mean an individual between fourteen14(14) and eighteen (18) years of age who has been married or whose circum-15stances indicate that the parent-child relationship has been renounced.16(i)"Lacks capacity to make informed decisions about treat- 17 ment"shallmean s the inability, by reason of mental 18 illness, to achieve a rudimentary understanding after conscientious efforts at 19 explanation of the purpose, nature, and possible significant risks and bene- 20 fits of treatment. 21 (ji ) "Inpatient treatment facility"shall22mean s a facility in which an individual receives medical 23 and mental treatment for not less than a continuous twenty-four (24) hour 24 period. 25 (kj ) "Supervised residential facility"26shallmean s a facility, other than the individual's home, 27 in which the individual lives and in which there lives, or are otherwise on 28 duty during the times that the individual's presence is expected, persons who 29 are employed to supervise, direct, treat or monitor the individual. 30 (lk ) "Likely to injure himself or others"31shallmean s either: 32 (1) A substantial risk that physical harm will be inflicted by the pro- 33 posed patient upon his own person, as evidenced by threats or attempts to 34 commit suicide or inflict physical harm on himself; or 35 (2) A substantial risk that physical harm will be inflicted by the pro- 36 posed patient upon another as evidenced by behavior which has caused such 37 harm or which places another person or persons in reasonable fear of sus- 38 taining such harm. 39 (ml ) "Mentally ill"shall40 mean s a person, who as a result of a substantial disorder of 41 thought, mood, perception, orientation, or memory, which grossly impairs judg- 42 ment, behavior, capacity to recognize and adapt to reality, requires care and 43 treatment at a facility. 44 (nm ) "Gravely disabled"shall45 mean s a person who, as the result of mental illness, is in danger 46 of serious physical harm due to the person's inability to provide for his 47 essential needs. 48 (n) "Outpatient commitment" means a court order directing a person 49 to comply with specified mental health treatment requirements, not involving 50 the continuous supervision of a person in an inpatient setting, that are rea- 51 sonably designed to alleviate or to reduce a person's illness or disability, 52 or to maintain or prevent deterioration of the person's mental or emotional 53 functioning. The specified requirements may include, but need not be limited 54 to, taking prescribed medication, reporting to a facility to permit monitoring 55 of the person's condition, or participating in individual or group therapy or 3 1 in educational or vocational programs. Outpatient commitment may be up to one 2 (1) year. 3 SECTION 2. That Section 66-338, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 66-338. CONDITIONAL RELEASE. Except for patients confined pursuant to 6 sections 16-1814,16-1835, 18-211, 18-212,or7 18-214, or 20-520, Idaho Code, upon determining that a patient 8 may be released without imminent risk or harm due to mental illness, the 9 department director or his designated representative may release a patient 10 from an inpatient treatment facility on the condition that the patient receive 11 outpatient treatmentor on such other reasonable conditions as may be12pursuant to a written treatment plan as specified by the 13 department director or his designee or as amended pursuant to this chap- 14 ter . For purposes of this chapter, "conditional release" shall refer to 15 the situation in which a patient is discharged from an inpatient treatment 16 facility and dispositioned to an outpatient facility, but shall not include 17 absences, such as escape or other absences wherein the patient is expected to 18 return to the inpatient facility upon a certain date or occurrence of an 19 event. 20 SECTION 3. That Section 66-339, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 66-339. REHOSPITALIZATION OF PATIENTS CONDITIONALLY RELEASED FROM INPA- 23 TIENT TREATMENT FACILITIES -- PROCEDURE. (a) Proceedings for the 24 rehospitalization of a patient conditionally released from an inpatient treat- 25 ment facility may be commenced by the filing of a written application with a 26 court of competent jurisdiction by a prosecuting attorney, judge, designated 27 examiner or other person interested in the patient's welfare. 28 (b) The application shall state the patient's name and last known 29 address; the name and address of either the patient's spouse, guardian, next 30 of kin or friend, if any; and a simple and precise statement of the facts 31 showing that either the patient has violated a condition of the release or is 32 in need of outpatient commitment, or is again in need of place- 33 ment in an inpatient treatment facility. 34 (c) Upon receipt of an application, the court shall issue notice of the 35 time and place of hearing not more than five (5) days, excluding Saturdays, 36 Sundays and holidays, from the filing of the application, ensure that the 37 notice and copy of the application are served on the patient, ensure that the 38 patient is represented by counsel and is advised of his or her right to chal- 39 lenge the allegations of the application, ensure that the patient is examined 40 by two (2) designated examiners; and enter such supplemental orders as may be 41 necessary to protect the patient pending the hearing. 42 (d) The court shall authorize an outpatient commitment as set out 43 in section 66-339A, Idaho Code, or authorize a dispositioner to enter a 44 change in disposition to an inpatient treatment facility if, at the hearing, 45 conducted substantially as a hearing under section 66-329, Idaho Code, the 46 court finds by clear and convincing evidence that the patient: 47 (1)Is mentally illHas a mental illness ; 48 (2) Either (i) has violated a condition of the release or (ii) is again 49 in need of placement in an inpatient treatment facility; and 50 (3) Either (i) is likely to injure himself or others; (ii) is gravely 51 disabled; or (iii) that the course of the patient's particular mental dis- 4 1 order is such that the patient is likely to injure himself or others 2 or become gravely disabled in the foreseeable future if the patient 3 is not placed in an inpatient treatment facility. 4 (e) Within twenty-four (24) hours of the court's authorization, a 5 dispositioner shall determine the least restrictive available inpatient treat- 6 ment facility consistent with the needs of the patient to be rehospitalized. 7 Within seventy-two (72) hours of the court's authorization, the sheriff of the 8 county in which the patient is present shall transport the patient to the 9 facility designated by the dispositioner. The department of health and welfare 10 shall assume responsibility for the usual and customary treatment costs, as 11 defined in section 66-327(b), Idaho Code, after the patient is 12 dispositioned,and transported toand admitted13bya state facility. 14 SECTION 4. That Chapter 3, Title 66, Idaho Code, be, and the same is 15 hereby amended by the addition thereto of a NEW SECTION , to be 16 known and designated as Section 66-339A, Idaho Code, and to read as follows: 17 66-339A. OUTPATIENT COMMITMENT. A person may be committed to outpatient 18 treatment for a period of up to one (1) year if, after a court hearing con- 19 ducted substantially similar to the one outlined in section 66-329, Idaho 20 Code, the court determines, on the basis of clear and convincing evidence 21 that: 22 (1) The person is diagnosed as having a mental illness; and 23 (2) The person, without the requested treatment: 24 (a) Is likely to cause harm to himself or to suffer substantial mental or 25 emotional deterioration, or become gravely disabled, or 26 (b) Is likely to cause harm to others; and 27 (3) The person lacks capacity to make an informed decision concerning his 28 need for treatment; and 29 (4) The person has previously been hospitalized for treatment of mental 30 illness and has by history substantially failed to comply on one (1) or more 31 occasions with the prescribed course of treatment outside the hospital; and 32 (5) A treatment plan has been prepared which includes specific conditions 33 with which the patient is expected to comply, together with a detailed plan 34 for reviewing the patient's medical status and for monitoring his or her com- 35 pliance with the required conditions of treatment; and 36 (6) There is a reasonable prospect that the patient's disorder will 37 respond to the treatment proposed in the treatment plan without having to be 38 involuntarily committed to an inpatient facility if the patient complies with 39 the treatment requirements specified in the court's order; and 40 (7) The physician or treatment facility which is to be responsible for 41 the patient's treatment under the commitment order has agreed to accept the 42 patient. 43 SECTION 5. That Chapter 3, Title 66, Idaho Code, be, and the same is 44 hereby amended by the addition thereto of a NEW SECTION , to be 45 known and designated as Section 66-339B, Idaho Code, and to read as follows: 46 66-339B. OUTPATIENT COMMITMENT HEARING. (1) Proceedings for the involun- 47 tary care and treatment of a person with a mental illness in an outpatient 48 setting by the department may be commenced by the filing of a written applica- 49 tion with a court of competent jurisdiction by a friend, relative, spouse or 50 guardian of the proposed patient, or by a licensed physician, prosecuting 51 attorney, or other public official of a municipality, county or of the state 5 1 of Idaho, regional mental health authority (RMHA) treating professional, or 2 the director of any facility in which such patient may be. 3 (2) The application shall state: (i) the name and last known address of 4 the proposed patient; (ii) the name and address of either the spouse, guard- 5 ian, next of kin or friend of the proposed patient; (iii) that more restric- 6 tive treatment would be necessary or required if the illness progressed as 7 prior history indicated; (iv) if the proposed patient is, at the time of the 8 application, a voluntary patient; (v) a simple and precise statement showing 9 that the proposed patient has previously been diagnosed with a mental illness, 10 that the proposed patient has previously refused to accept treatment outlined 11 in a treatment plan, and is now refusing such treatment; (vi) the observa- 12 tions indicating the current progression of the illness, that the expected 13 progression would more than likely result in a condition where the proposed 14 patient is likely to injure himself or others or suffer substantial mental or 15 emotional deterioration, or likely to become gravely disabled; and 16 (vii) whether or not there is a less restrictive alternative. 17 (3) Any such petition shall be accompanied by the report of a designated 18 examiner stating that he has personally examined the proposed patient within 19 the last fourteen (14) days and is of the opinion that the proposed patient 20 (i) has a history of mental illness; (ii) that as a result of the progression 21 of this illness the proposed patient without treatment is likely to injure 22 himself or others or suffer substantial mental or emotional deterioration, or 23 become gravely disabled; (iii) that the proposed patient has a treatment plan 24 that can be satisfied by outpatient services; (iv) that the proposed patient 25 has failed to comply on one (1) or more occasions with a prescribed course of 26 treatment; and (v) that the proposed patient now refuses or lacks the capacity 27 to make informed decisions about the necessity for continued treatment, or 28 (vi) a written statement by the applicant that the proposed patient has 29 refused to submit to examination by a designated examiner. The designated 30 examiner shall report his findings as to the mental condition of the proposed 31 patient and the appropriateness of the patient receiving treatment in an out- 32 patient commitment setting or in an inpatient facility to the court within the 33 forty-eight (48) hours. The report shall be in the form of a written certifi- 34 cate which shall be filed with the court. 35 (a) If the designated examiner's certificate states a belief that the 36 proposed patient meets the above established criteria for outpatient com- 37 mitment the judge of such court shall issue an order authorizing any 38 regional mental health authority, health officer, peace officer, or direc- 39 tor of a facility to take the proposed patient to an outpatient facility 40 in the community in which the proposed patient is residing or to the near- 41 est place of treatment as designated by the RMHA. In addition, the court 42 shall authorize treatment as described in the treatment plan. The condi- 43 tions of the treatment plan shall be specified, and a copy of that treat- 44 ment plan shall be provided to the patient as soon as practicable after 45 the hearing. Under no circumstances shall the proposed patient be detained 46 in a nonmedical unit used for the detention of individuals charged with or 47 convicted of penal offenses. 48 (b) If the designated examiner's certificate states a belief that the 49 proposed patient does not meet the above established criteria for outpa- 50 tient commitment, the court may terminate the proceedings and dismiss the 51 application without taking any further action. 52 (4) An opportunity to be represented by counsel shall be afforded to 53 every patient proposed for an outpatient commitment, and if neither the pro- 54 posed patient nor others provide counsel, the court shall appoint counsel in 55 accordance with chapter 8, title 19, Idaho Code, no later than the time the 6 1 petition is received by the court. Notice of the petition shall be given to 2 the RMHA by the clerk of the court by mailing to an address the RMHA shall 3 provide. In addition to the right to counsel, the proposed patient shall be 4 afforded an opportunity to appear at the hearing, to testify, and to present 5 and cross-examine witnesses. The proposed patient shall be required to be 6 present at the hearing unless the court determines that the mental or physical 7 state of the proposed patient is such that his presence at the hearing would 8 be detrimental to the proposed patient's health or would unduly disrupt the 9 proceedings. 10 (5) The hearing shall be held at a facility, at the home of the proposed 11 patient, or at any other suitable place not likely to have a harmful effect on 12 the proposed patient's physical or mental health. Venue for the hearing shall 13 be in the county of residence of the proposed patient, unless the patient 14 waives the right to have venue fixed there. The court on its own motion may 15 find that venue in the county where the proposed patient is found is proper, 16 if it is in the best interest of the proposed patient. A record of the pro- 17 ceedings shall be made as for other civil hearings. The hearing shall be con- 18 ducted in as informal a manner as may be consistent with the rules of evi- 19 dence. 20 (6) In all proceedings under this section, any existing provision of the 21 law prohibiting the disclosure of confidential communications between the des- 22 ignated examiner and proposed patient shall not apply and any designated exam- 23 iner who shall have examined the proposed patient shall be a competent witness 24 to testify as to the proposed patient's condition. 25 (7) If, upon completion of the hearing and consideration of the record, 26 the court finds by clear and convincing evidence that the proposed patient: 27 (a) Has a mental illness; and 28 (b) Has a prescribed course of treatment for this mental illness; and 29 (c) Has failed to comply with a prescribed course of treatment on one (1) 30 or more occasions outside an inpatient facility; and 31 (d) Because of a deterioration resulting from the failure to comply with 32 the prescribed course of treatment is likely to suffer substantial mental 33 or emotional deterioration or be likely to injure himself or others, or 34 become gravely disabled due to mental illness; 35 the court shall order the proposed patient committed to the department only 36 for the purposes of outpatient commitment for an indeterminate period of time 37 not to exceed one (1) year. 38 The conditions of the treatment plan shall be specified, and a copy of 39 that treatment plan shall be provided to the patient as soon as practicable 40 after the hearing. The RMHA, through its dispositioner, shall determine within 41 twenty-four (24) hours the least restrictive available outpatient facility 42 consistent with the needs of the patient and the treatment plan. 43 The order of outpatient commitment shall state: (i) whether the proposed 44 patient lacks capacity to make informed decisions about treatment; and (ii) 45 the name and address of the patient's attorney; and (iii) either the patient's 46 spouse, guardian, adult next of kin, or friend; and (iv) whether or not the 47 patient may be involuntarily medicated with medication described in the treat- 48 ment plan. 49 (8) If at any time during the one (1) year (or any subsequent) outpatient 50 commitment a patient substantially fails or refuses to comply with the treat- 51 ment plan, as it may be amended from time to time by the treating facility or 52 physician, the physician or place of treatment to whose care the patient was 53 dispositioned shall proceed in accordance with section 66-339C, Idaho Code. 54 (9) Notwithstanding other provisions of these statutes, and subject to 55 the provisions of federal law, staff of a facility in which patients are being 7 1 treated may communicate with outpatient clinicians without patient consent in 2 order to develop outpatient treatment plans. 3 (10) Nothing in this chapter or in any rule adopted pursuant thereto shall 4 be construed to authorize the detention or involuntary outpatient commitment 5 of an individual who: 6 (a) Is epileptic, mentally deficient, mentally retarded, impaired by 7 chronic alcoholism or drug abuse, or aged, unless in addition to such con- 8 dition, such person is mentally ill; or 9 (b) Is a patient under treatment by spiritual means alone, through 10 prayer, in accordance with the tenets and practices of a recognized church 11 or religious denomination by a duly accredited practitioner thereof and 12 who asserts to any authority attempting to detain him that he is under 13 such treatment and who gives the name of a practitioner so treating him to 14 such authority. 15 (11) The commitment shall continue for an indeterminate time not to exceed 16 one (1) year. It may be terminated sooner by the RMHA, the treating physician, 17 or the court. It may be renewed upon application under this section by the 18 RMHA, the treating physician, relative, spouse, guardian, or prosecuting 19 attorney, upon the failure of the patient to continue with a treatment plan. 20 It may be terminated sooner by the RMHA, the treating physician, or upon 21 application of the patient if the patient is no longer mentally ill, or is no 22 longer in need of following a treatment plan. 23 SECTION 6. That Chapter 3, Title 66, Idaho Code, be, and the same is 24 hereby amended by the addition thereto of a NEW SECTION , to be 25 known and designated as Section 66-339C, Idaho Code, and to read as follows: 26 66-339C. NONCOMPLIANCE WITH COURT ORDER. (1) If a patient fails to com- 27 ply with the requirements specified in the outpatient commitment order, and 28 the RMHA, the physician or staff of the treatment facility believes that there 29 is a significant risk of deterioration in the patient's conditions, the direc- 30 tor of the facility, physician, or RMHA shall notify law enforcement. 31 (2) The outpatient commitment order constitutes a continuing authoriza- 32 tion for law enforcement, upon request of the director of the outpatient 33 facility, the physician, or the RMHA, to transport the patient to the desig- 34 nated outpatient treatment facility or the physician's office for the purpose 35 of making reasonable efforts to obtain the person's compliance with the 36 requirements of the outpatient commitment order. However, the patient may not 37 be detained at the facility or the physician's office for more than one (1) 38 hour, and may not be physically coerced to take prescribed medications unless 39 the court has entered on the outpatient commitment order an authorization for 40 the nonconsensual delivery of prescribed medication. If a patient has been 41 involuntarily medicated, a report of such action shall be made within twenty- 42 four (24) hours to the court, the patient's guardian, or next of kin by the 43 treatment provider. 44 (3) If a patient fails to comply with the requirement of the court order, 45 and the RMHA, the physician or staff of the treatment facility believes that 46 there is a significant risk of deterioration, the RMHA, the director of the 47 facility or the physician shall notify the original petitioner for outpatient 48 commitment and the prosecuting attorney of the county where the patient is 49 found and shall recommend an appropriate disposition. 50 Within seventy-two (72) hours of receiving the notice transmitted pursuant 51 to this section that a patient has failed to comply with the requirements of 52 the outpatient commitment order, the original petitioner for outpatient com- 53 mitment, the RMHA and the prosecuting attorney of the county where the patient 8 1 is found or resides may petition the court for a supplemental hearing, or may 2 proceed under any other section of this chapter. If a petition for supplemen- 3 tal hearing is filed, the court shall hold a supplemental hearing in accor- 4 dance with the procedures specified in section 66-329, Idaho Code, within for- 5 ty-eight (48) hours. After hearing evidence concerning the patient's current 6 condition and compliance with the court order, the court shall make whichever 7 of the following dispositions it deems appropriate: 8 (a) Upon finding that hospitalization is necessary to prevent the patient 9 from harming himself or others or to prevent substantial deterioration of 10 the patient's mental or emotional conditions, the court shall order a com- 11 mitment proceeding under section 66-329, Idaho Code, and may temporarily 12 commit the patient to an inpatient facility pending hearing on a petition 13 or application for commitment to an inpatient facility. 14 (b) Upon finding that the patient does not meet the criteria for inpa- 15 tient commitment and continues to meet the criteria for outpatient commit- 16 ment set forth in section 66-329B, Idaho Code, and that additional outpa- 17 tient treatment appears warranted, the court shall renew or modify the 18 order to outpatient commitment. 19 (c) Upon finding that neither condition in subparagraphs (a) nor (b) are 20 met, the court shall rescind the commitment order. 21 (d) Nothing provided in this section shall limit the authority of any law 22 enforcement officer to detain a patient pursuant to the emergency author- 23 ity conferred by section 66-326, Idaho Code. 24 SECTION 7. That Section 18-211, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 18-211. EXAMINATION OF DEFENDANT -- APPOINTMENT OF PSYCHIATRISTS AND 27 LICENSED PSYCHOLOGISTS -- HOSPITALIZATION -- REPORT. (1) Whenever there is 28 reason to doubt the defendant's fitness to proceed as set forth in section 29 18-210, Idaho Code, the court shall appoint at least one (1) qualified psychi- 30 atrist or licensed psychologist or shall request the director of the depart- 31 ment of health and welfare to designate at least one (1) qualified psychia- 32 trist or licensed psychologist to examine and report upon the mental condition 33 of the defendant to assist counsel with defense or understand the proceedings. 34 The costs of examination shall be paid by the defendant if he is financially 35 able. The determination of ability to pay shall be made in accordance with 36 chapter 8, title 19, Idaho Code. 37 (2) Within three (3) days, excluding Saturdays, Sundays and legal holi- 38 days, of the appointment or designation, the examiner shall determine the best 39 location for the examination. If practical, the examination shall be conducted 40 locally on an outpatient basis. 41 (3) If the examiner determines that confinement is necessary for purposes 42 of the examination, the court may order the defendant to be confined to a 43 jail, a hospital, or other suitable facility for that purpose for a period not 44 exceeding thirty (30) days. The order of confinement shall require the county 45 sheriff to transport the defendant to and from the facility and shall notify 46 the facility of any known medical, behavioral, or security requirements of the 47 defendant. The court, upon request, may make available to the examiner any 48 court records relating to the defendant. 49 (4) In such examination any method may be employed which is accepted by 50 the examiner's profession for the examination of those alleged not to be com- 51 petent to assist counsel in their defense. 52 (5) Upon completion of the examination a report shall be submitted to the 53 court and shall include the following: 9 1 (a) a description of the nature of the examination; 2 (b) a diagnosis or evaluation of the mental condition of the defendant; 3 (c) an opinion as to the defendant's capacity to understand the proceed- 4 ings against him and to assist in his own defense. 5 (6) If the examination cannot be conducted by reason of the unwillingness 6 of the defendant to participate therein, the report shall so state and shall 7 include, if possible, an opinion as to whether such unwillingness of the 8 defendant was the result of mental disease or defect. 9 (7) The report of the examination shall be filed in triplicate with the 10 clerk of the court, who shall cause copies to be delivered to the prosecuting 11 attorney and to counsel for the defendant. 12 (8) When the defendant wishes to be examined by an expert of his own 13 choice, such examiner shall be permitted to have reasonable access to the 14 defendant for the purpose of examination. 15 (9) In addition to the psychiatrist or licensed psychologist, the court 16 may appoint additional experts to examine the defendant. In the event a 17 defendant is suspected of being developmentally disabled, the examination 18 shall proceed with those experts set out in subsection (6) of section 66-402, 19 Idaho Code. 20 (10) If the defendant lacks capacity to make informed decisions about 21 treatment, as defined in section 66-317(i), Idaho Code, the court 22 may authorize consent to be given pursuant to section 66-322, Idaho Code. If 23 the defendant lacks capacity to make informed decisions as defined in subsec- 24 tion (8) of section 66-402, Idaho Code, the court may authorize consent to be 25 given pursuant to sections 66-404 and 66-405, Idaho Code. 26 (11) If the defendant was confined solely for the purpose of examination, 27 he shall be released from the facility within three (3) days, excluding Satur- 28 days, Sundays and legal holidays following notification of completion of the 29 examination. 30 SECTION 8. That Section 18-3302, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 18-3302. ISSUANCE OF LICENSES TO CARRY CONCEALED WEAPONS. (1) The sheriff 33 of a county shall, within ninety (90) days after the filing of an application 34 by any person who is not disqualified from possessing or receiving a firearm 35 under state or federal law, issue a license to the person to carry a weapon 36 concealed on his person within this state for four (4) years from the date of 37 issue. The citizen's constitutional right to bear arms shall not be denied to 38 him, unless he: 39 (a) Is ineligible to own, possess or receive a firearm under the provi- 40 sions of state or federal law; or 41 (b) Is formally charged with a crime punishable by imprisonment for a 42 term exceeding one (1) year; or 43 (c) Has been adjudicated guilty in any court of a crime punishable by 44 imprisonment for a term exceeding one (1) year; or 45 (d) Is a fugitive from justice; or 46 (e) Is an unlawful user of, or addicted to, marijuana or any depressant, 47 stimulant, or narcotic drug, or any other controlled substance as defined 48 in 21 U.S.C. 802; or 49 (f) Is currently suffering or has been adjudicated as follows, based on 50 substantial evidence: 51 (i) Lacking mental capacity as defined in section 18-210, Idaho 52 Code; or 53 (ii) Mentally ill as defined in section 66-317(m), 10 1 Idaho Code; or 2 (iii) Gravely disabled as defined in section 66-317(n), 3 Idaho Code; or 4 (iv) An incapacitated person as defined in section 15-5-101(a), 5 Idaho Code; or 6 (g) Is or has been discharged from the armed forces under dishonorable 7 conditions; or 8 (h) Is or has been adjudicated guilty of or received a withheld judgment 9 or suspended sentence for one (1) or more crimes of violence constituting 10 a misdemeanor, unless three (3) years has elapsed since disposition or 11 pardon has occurred prior to the date on which the application is submit- 12 ted; or 13 (i) Has had entry of a withheld judgment for a criminal offense which 14 would disqualify him from obtaining a concealed weapon license; or 15 (j) Is an alien illegally in the United States; or 16 (k) Is a person who having been a citizen of the United States, has 17 renounced his or her citizenship; or 18 (l) Is under twenty-one (21) years of age; or 19 (m) Is free on bond or personal recognizance pending trial, appeal or 20 sentencing for a crime which would disqualify him from obtaining a con- 21 cealed weapon license; or 22 (n) Is subject to a protection order issued under chapter 63, title 39, 23 Idaho Code, that restrains the person from harassing, stalking or threat- 24 ening an intimate partner of the person or child of the intimate partner 25 or person, or engaging in other conduct that would place an intimate part- 26 ner in reasonable fear of bodily injury to the partner or child. 27 The license application shall be in triplicate, in a form to be pre- 28 scribed by the director of the department of law enforcement, and shall 29 ask the name, address, description and signature of the licensee, date of 30 birth, social security number, military status, and the driver's license 31 number or state identification card number of the licensee if used for 32 identification in applying for the license. The application shall indicate 33 that provision of the social security number is optional. The license 34 application shall contain a warning substantially as follows: 35 CAUTION: Federal law and state law on the possession of weapons and 36 firearms differ. If you are prohibited by federal law from possessing 37 a weapon or a firearm, you may be prosecuted in federal court. A 38 state permit is not a defense to a federal prosecution. 39 The sheriff shall require any person who is applying for original 40 issuance of a license to submit his fingerprints in addition to the other 41 information required in this subsection. Within five (5) days after the 42 filing of an application, the sheriff shall forward the application and 43 fingerprints to the department of law enforcement for a records check of 44 state and national files. The department of law enforcement shall conduct 45 a national fingerprint-based records check and return the results to the 46 sheriff within seventy-five (75) days. The sheriff shall not issue a 47 license before receiving the results of the records check and must deny a 48 license if the applicant is disqualified under any of the criteria listed 49 in paragraphs (a) through (n) of subsection (1) of this section. 50 The license will be in a form substantially similar to that of the 51 Idaho driver's license. It will bear the signature, name, address, date of 52 birth, picture of the licensee, expiration date and the driver's license 53 number or state identification card number of the licensee if used for 54 identification in applying for the license. Upon issuing a license under 55 the provisions of this section, the sheriff will notify the department of 11 1 law enforcement on a form or in a manner prescribed by the department. 2 Information relating to an applicant or licensee received or maintained 3 pursuant to this section by the sheriff or department of law enforcement 4 is confidential and exempt from disclosure under section 9-338, Idaho 5 Code. 6 (2) The fee for original issuance of a four (4) year license shall be 7 twenty dollars ($20.00) paid to the sheriff for the purpose of enforcing the 8 provisions of this chapter. The sheriff may collect any additional fees neces- 9 sary to cover the cost of processing fingerprints lawfully required by any 10 state or federal agency or department, and the cost of materials for the 11 license lawfully required by any state agency or department, which costs shall 12 be paid to the state. 13 (3) The fee for renewal of the license shall be twelve dollars ($12.00). 14 The sheriff may collect any additional fees necessary to cover the processing 15 costs lawfully required by any state or federal agency or department, and the 16 cost of materials for the license lawfully required by any state agency or 17 department, which costs shall be paid to the state. If a licensee applying for 18 renewal has not previously been required to submit fingerprints, the sheriff 19 shall require the licensee to do so and may collect any additional fees neces- 20 sary to cover the cost of processing fingerprints lawfully required by any 21 state or federal agency or department. 22 (4) A licensee may renew a license if the licensee applies for renewal at 23 any time before or within ninety (90) days after the expiration date of the 24 license. The sheriff shall require the licensee applying for renewal to com- 25 plete an application. The sheriff shall submit the application to the depart- 26 ment of law enforcement for a records check of state and national databases. 27 The department of law enforcement shall conduct the records check and return 28 the results to the sheriff within thirty (30) days. The sheriff shall not 29 issue a renewal before receiving the results of the records check and must 30 deny a license if the applicant is disqualified under any of the criteria 31 listed in subsection (1), paragraphs (a) through (n) of this section. A 32 renewal license shall be valid for a period of four (4) years. A license so 33 renewed shall take effect on the expiration date of the prior license. A 34 licensee renewing after the expiration date of the license shall pay a late 35 renewal penalty of ten dollars ($10.00) in addition to the renewal fee. The 36 fee shall be paid to the sheriff for the purpose of enforcing the provisions 37 of this chapter. 38 (5) Notwithstanding the requirements of this section, the sheriff of the 39 county of the applicant's residence may issue a temporary emergency license 40 for good cause pending review under subsection (1) of this section. 41 (6) A city, county or other political subdivision of this state shall not 42 modify the requirements of this section, nor may a political subdivision ask 43 the applicant to voluntarily submit any information not required in this sec- 44 tion. A civil action may be brought to enjoin a wrongful refusal to issue a 45 license or a wrongful modification of the requirements of this section. The 46 civil action may be brought in the county in which the application was made or 47 in Ada county at the discretion of the petitioner. Any person who prevails 48 against a public agency in any action in the courts for a violation of subsec- 49 tions (1) through (5) of this section, shall be awarded costs, including rea- 50 sonable attorney's fees incurred in connection with the legal action. 51 (7) Except in the person's place of abode or fixed place of business, a 52 person shall not carry a concealed weapon without a license to carry a con- 53 cealed weapon. For the purposes of this section, a concealed weapon means any 54 dirk, dirk knife, bowie knife, dagger, pistol, revolver, or any other deadly 55 or dangerous weapon. The provisions of this section shall not apply to any 12 1 lawfully possessed shotgun or rifle. 2 (8) A county sheriff, deputy sheriff, or county employee who issues a 3 license to carry a concealed weapon under this section shall not incur any 4 civil or criminal liability as the result of the performance of his duties 5 under this section. 6 (9) While in any motor vehicle, inside the limits or confines of any city 7 or inside any mining, lumbering, logging or railroad camp a person shall not 8 carry a concealed weapon on or about his person without a license to carry a 9 concealed weapon. This shall not apply to any pistol or revolver located in 10 plain view whether it is loaded or unloaded. A firearm may be concealed 11 legally in a motor vehicle so long as the weapon is disassembled or unloaded. 12 (10) In implementing the provisions of this section, the sheriff shall 13 make applications readily available at the office of the sheriff or at other 14 public offices in his jurisdiction. 15 (11) The sheriff of a county may issue a license to carry a concealed 16 weapon to those individuals between the ages of eighteen (18) and twenty-one 17 (21) years who in the judgment of the sheriff warrants the issuance of the 18 license to carry a concealed weapon. Such issuance shall be subject to limita- 19 tions which the issuing authority deems appropriate. Licenses issued to indi- 20 viduals between the ages of eighteen (18) and twenty-one (21) shall be easily 21 distinguishable from regular licenses. 22 (12) The requirement to secure a license to carry a concealed weapon under 23 this section shall not apply to the following persons: 24 (a) Officials of a county, city, state of Idaho, the United States, peace 25 officers, guards of any jail, court appointed attendants or any officer of 26 any express company on duty; 27 (b) Employees of the adjutant general and military division of the state 28 where military membership is a condition of employment when on duty; 29 (c) Criminal investigators of the attorney general's office, criminal 30 investigators of a prosecuting attorney's office, prosecutors and their 31 deputies; 32 (d) Any person outside the limits of or confines of any city, or outside 33 any mining, lumbering, logging or railroad camp, located outside any city, 34 while engaged in lawful hunting, fishing, trapping or other lawful outdoor 35 activity; 36 (e) Any publicly elected Idaho official; 37 (f) Retired peace officers with at least ten (10) years of service with 38 the state or a political subdivision as a peace officer and who have been 39 certified by the peace officer standards and training council; 40 (g) Any person who has a valid permit from a state or local law enforce- 41 ment agency or court authorizing him to carry a concealed weapon. A permit 42 issued in another state will only be considered valid if the permit is in 43 the licensee's physical possession. 44 (13) When issuing a license pursuant to this section, the sheriff may 45 require the applicant to demonstrate familiarity with a firearm by any of the 46 following, provided the applicant may select which one: 47 (a) Completion of any hunter education or hunter safety course approved 48 by the department of fish and game or a similar agency of another state; 49 or 50 (b) Completion of any national rifle association firearms safety or 51 training course, or any national rifle association hunter education 52 course; or 53 (c) Completion of any firearms safety or training course or class avail- 54 able to the general public offered by a law enforcement agency, community 55 college, college, university, or private or public institution or organi- 13 1 zation or firearms training school, utilizing instructors certified by the 2 national rifle association or the department of law enforcement; or 3 (d) Completion of any law enforcement firearms safety or training course 4 or class offered for security guards, investigators, special deputies, or 5 any division or subdivision of a law enforcement agency or security 6 enforcement agency; or 7 (e) Presents evidence or equivalent experience with a firearm through 8 participation in organized shooting competition or military service; or 9 (f) Is licensed or has been licensed to carry a firearm in this state or 10 a county or municipality, unless the license has been revoked for cause; 11 or 12 (g) Completion of any firearms training or training or safety course or 13 class conducted by a state certified or national rifle association certi- 14 fied firearms instructor. 15 (14) A person carrying a concealed weapon in violation of the provisions 16 of this section shall be guilty of a misdemeanor. 17 (15) The sheriff of the county where the license was issued or the sheriff 18 of the county where the person resides shall have the power to revoke a 19 license subsequent to a hearing in accordance with the provisions of chapter 20 52, title 67, Idaho Code, for any of the following reasons: 21 (a) Fraud or intentional misrepresentation in the obtaining of a license; 22 or 23 (b) Misuse of a license, including lending or giving a license to another 24 person, or duplicating a license, or using a license with the intent to 25 unlawfully cause harm to a person or property; or 26 (c) The doing of an act or existence of a condition which would have been 27 grounds for the denial of the license by the sheriff; or 28 (d) The violation of any of the terms of this section; or 29 (e) The applicant is adjudicated guilty of or receives a withheld judg- 30 ment for a crime which would have disqualified him from initially receiv- 31 ing a license. 32 (16) A person twenty-one (21) years of age or older issued a license to 33 carry a concealed weapon or a license renewal on or after July 1, 1995, is 34 exempt from any requirement to undergo a records check at the time of purchase 35 or transfer of a firearm from a federally licensed firearms dealer. However, a 36 temporary emergency license issued under subsection (5) of this section shall 37 not exempt the holder of the license from any records check requirement. Tem- 38 porary emergency licenses shall be easily distinguishable from regular 39 licenses. 40 (17) The provisions of this section are hereby declared to be severable 41 and if any provision of this section or the application of such provision to 42 any person or circumstance is declared invalid for any reason, such declara- 43 tion shall not affect the validity of remaining portions of this section. 44 SECTION 9. This act shall be in full force and effect on and after July 45 1, 1999.
STATEMENT OF PURPOSE
RS 07591C1
Outpatient commitment will be a new concept in the Idaho
mental health commitment process. It will allow for a person
who met criteria for commitment to be allowed to remain in
the community under certain conditions of treatment and
services. This is a provision that is in place successfully
in several states and is recommended by the American
Psychiatric Association Guidelines. It means a court order
directing a person who is mentally ill to comply with
specified treatment requirements that are reasonably
designed to alleviate or reduce the person's illness or
disability or to maintain or prevent deterioration of the
person's mental or emotional functioning. If the person does
not or cannot comply the individual can go back before the
court for consideration of impatient commitment provisions.
This approach is advocated by consumers and family members
as well as professionals.
FISCAL NOTE
It is anticipated that additional training of law
enforcement officers and additional time will be required
from them in certain individual cases. The legislation has
a delayed implementation to allow for this training. Over
time the cost to local law enforcement will potentially not
be an increase.
CONTACT: Rosanne Hardin Div. of Family & Community Svcs,
Dept. of Health & welfare 334-5680
STATEMENT OF PURPOSE/ FISCAL NOTE
Bill No S1377