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S1111................................................by JUDICIARY AND RULES
DEFENDANT - MENTAL COMPETENCE - Amends existing law to provide procedures
to govern situations when a criminal defendant is to be evaluated for
mental capacity to contribute to his defense; to require that he also be
evaluated for ability to make informed decisions about treatment; and to
govern procedures for ordering involuntary treatment.
02/04 Senate intro - 1st rdg - to printing
02/05 Rpt prt - to Jud
02/22 Rpt out - rec d/p - to 2nd rdg
02/23 2nd rdg - to 3rd rdg
02/26 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins,
Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry, Richardson,
Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne,
Twiggs, Wheeler, Whitworth
NAYS--None
Absent and Excused--Darrington
Floor Sponsor - Ingram
Title apvd - to House
03/01 House intro - 1st rdg - to Jud
S1111|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1111 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO THE MENTAL COMPETENCE OF A DEFENDANT; AMENDING SECTION 18-211, 3 IDAHO CODE, AS AMENDED BY SECTION 7, CHAPTER 90, LAWS OF 1998, TO PROVIDE 4 FOR A FINDING OF THE DEFENDANT'S ABILITY TO MAKE INFORMED DECISIONS ABOUT 5 TREATMENT; AMENDING SECTION 18-212, IDAHO CODE, TO GOVERN PROCEDURE WHEN 6 THERE IS A FINDING THAT A DEFENDANT LACKS CAPACITY TO MAKE INFORMED DECI- 7 SIONS ABOUT TREATMENT AND TO PROVIDE FOR A HEARING REGARDING INVOLUNTARY 8 TREATMENT AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 66-337, 9 IDAHO CODE, TO PROVIDE A CORRECT CITATION. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 18-211, Idaho Code, as amended by Section 7, 12 Chapter 90, Laws of 1998, be, and the same is hereby amended to read as fol- 13 lows: 14 18-211. EXAMINATION OF DEFENDANT -- APPOINTMENT OF PSYCHIATRISTS AND 15 LICENSED PSYCHOLOGISTS -- HOSPITALIZATION -- REPORT. (1) Whenever there is 16 reason to doubt the defendant's fitness to proceed as set forth in section 17 18-210, Idaho Code, the court shall appoint at least one (1) qualified psychi- 18 atrist or licensed psychologist or shall request the director of the depart- 19 ment of health and welfare to designate at least one (1) qualified psychia- 20 trist or licensed psychologist to examine and report upon the mental condition 21 of the defendant to assist counsel with defense or understand the proceedings. 22 The appointed examiner shall also evaluate whether the defendant lacks 23 capacity to make informed decisions about treatment. The costs of exam- 24 ination shall be paid by the defendant if he is financially able. The determi- 25 nation of ability to pay shall be made in accordance with chapter 8, title 19, 26 Idaho Code. 27 (2) Within three (3) days, excluding Saturdays, Sundays and legal holi- 28 days, of the appointment or designation, the examiner shall determine the best 29 location for the examination. If practical, the examination shall be conducted 30 locally on an outpatient basis. 31 (3) If the examiner determines that confinement is necessary for purposes 32 of the examination, the court may order the defendant to be confined to a 33 jail, a hospital, or other suitable facility for that purpose for a period not 34 exceeding thirty (30) days. The order of confinement shall require the county 35 sheriff to transport the defendant to and from the facility and shall notify 36 the facility of any known medical, behavioral, or security requirements of the 37 defendant. The court, upon request, may make available to the examiner any 38 court records relating to the defendant. 39 (4) In such examination any method may be employed which is accepted by 40 the examiner's profession for the examination of those alleged not to be com- 41 petent to assist counsel in their defense. 42 (5) Upon completion of the examination a report shall be submitted to the 43 court and shall include the following: 2 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 (d) an opinion whether the defendant lacks the capacity to make informed 6 decisions about treatment. "Lack of capacity to make informed decisions 7 about treatment" means the defendant's inability, by reason of his mental 8 condition, to achieve a rudimentary understanding of the purpose, nature, 9 and possible significant risks and benefits of treatment, after conscien- 10 tious efforts at explanation . 11 (6) If the examination cannot be conducted by reason of the unwillingness 12 of the defendant to participate therein, the report shall so state and shall 13 include, if possible, an opinion as to whether such unwillingness of the 14 defendant was the result of mental disease or defect. 15 (7) The report of the examination shall be filed in triplicate with the 16 clerk of the court, who shall cause copies to be delivered to the prosecuting 17 attorney and to counsel for the defendant. 18 (8) When the defendant wishes to be examined by an expert of his own 19 choice, such examiner shall be permitted to have reasonable access to the 20 defendant for the purpose of examination. 21 (9) In addition to the psychiatrist or licensed psychologist, the court 22 may appoint additional experts to examine the defendant. In the event a 23 defendant is suspected of being developmentally disabled, the examination 24 shall proceed with those experts set out in subsection (6) of section 66-402, 25 Idaho Code. 26 (10) If the defendant lacks capacity to make informed decisions about 27 treatment, as defined in section 66-317, Idaho Code, the court may authorize 28 consent to be given pursuant to section 66-322, Idaho Code. If the defendant 29 lacks capacity to make informed decisions as defined in subsection (8) of sec- 30 tion 66-402, Idaho Code, the court may authorize consent to be given pursuant 31 to sections 66-404 and 66-405, Idaho Code. 32 (11) If the defendant was confined solely for the purpose of examination, 33 he shall be released from the facility within three (3) days, excluding Satur- 34 days, Sundays and legal holidays following notification of completion of the 35 examination. 36 SECTION 2. That Section 18-212, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 18-212. DETERMINATION OF FITNESS OF DEFENDANT TO PROCEED -- SUSPENSION OF 39 PROCEEDING AND COMMITMENT OF DEFENDANT -- POSTCOMMITMENT HEARING. (1) When the 40 defendant's fitness to proceed is drawn in question, the issue shall be deter- 41 mined by the court. The court shall also determine, based on the 42 examiner's findings, whether the defendant lacks capacity to make informed 43 decisions about treatment. If neither the prosecuting attorney nor 44 counsel for the defendant contests the finding of the report filed pursuant to 45 section 18-211, Idaho Code, the court may make the determination on the basis 46 of such report. If the finding is contested, the court shall hold a hearing on 47 the issue. If the report is received in evidence upon such hearing, the party 48 who contests the finding thereof shall have the right to summon and to cross- 49 examine the psychiatrist or licensed psychologist who submitted the report and 50 to offer evidence upon the issue. 51 (2) If the court determines that the defendant lacks fitness to proceed, 52 the proceeding against him shall be suspended, except as provided in subsec- 53 tions (45 ) and (56 ) of 3 1 this section, and the court shall commit him to the custody of the director of 2 the department of health and welfare for a period not exceeding ninety 3 (90) days for care and treatment at an appropriate facility of the 4 department of health and welfare or if the defendant is found to be danger- 5 ously mentally ill as defined in section 66-1305, Idaho Code, to the depart- 6 ment of correction for a period not exceeding ninety (90) days. The 7 order of commitment shall include the finding by the court whether the defend- 8 ant lacks capacity to make informed decisions about treatment. For 9 purposes of this section "facility" shall mean a state hospital, institution, 10 mental health center, or those facilities enumerated in subsection (7) of sec- 11 tion 66-402, Idaho Code, equipped to evaluate or rehabilitate such defendants. 12 The order of commitment shall require the county sheriff to transport the 13 defendant to and from the facility and require an evaluation of the 14 defendant's mental condition at the time of admission to the facility, and a 15 progress report on the defendant's mental condition. The progress report shall 16 include an opinion whether the defendant is fit to proceed, or if not, whether 17 there is a substantial probability the defendant will be fit to proceed within 18 the foreseeable future. If the report concludes that there is a substantial 19 probability that the defendant will be fit to proceed in the foreseeable 20 future, the court may order the continued commitment of the defendant for an 21 additional one hundred eighty (180) days. If at any time the director of the 22 facility to which the defendant is committed determines that the defendant is 23 fit to proceed, such determination shall be reported to the court. 24 (3) If during a commitment under this section a defendant who has 25 the capacity to make informed decisions about treatment refuses any and all 26 treatment, or the only treatment available to restore competency for trial, 27 the court shall, within five (5) days of receiving notice of the defendant's 28 refusal from the facility, conduct a hearing on whether to order involuntary 29 treatment or order such other terms and conditions as may be determined appro- 30 priate. The burden shall be on the state to demonstrate grounds for involun- 31 tary treatment including, but not limited to: the prescribed treatment is 32 essential to restore the defendant's competency, the medical necessity and 33 appropriateness of the prescribed treatment, no less intrusive treatment 34 alternative exists to render the defendant competent for trial, and other rel- 35 evant information. If each of these findings is made by the court, treatment 36 shall be ordered consistent with the findings. 37 (4) Each report shall be filed in triplicate with the clerk 38 of the court, who shall cause copies to be delivered to the prosecuting attor- 39 ney and to counsel for the defendant. Upon receipt of a report, the court 40 shall determine, after a hearing if a hearing is requested, the disposition of 41 the defendant and the proceedings against him. If the court determines that 42 the defendant is fit to proceed, the proceeding shall be resumed. If at the 43 end of the initial ninety (90) days the court determines that the defendant is 44 unfit and there is not a substantial probability the defendant will be fit to 45 proceed within the foreseeable future or if the defendant is not fit to pro- 46 ceed after the expiration of the additional one hundred eighty (180) days 47 , involuntary commitment proceedings shall be instituted pursuant to 48 either section 66-329 or section 66-406, Idaho Code, in the court in which the 49 criminal charge is pending. 50 (45 ) In its review of commitments pursuant to 51 section 66-337, Idaho Code, the department of health and welfare shall deter- 52 mine whether the defendant is fit to proceed with trial. The department of 53 health and welfare shall review its commitments pursuant to chapter 4, title 54 66, Idaho Code, and may recommend that the defendant is fit to proceed with 55 trial. If the district court which committed the defendant pursuant to section 4 1 66-406, Idaho Code, agrees with the department's recommendation and finds the 2 conditions which justified the order pursuant to section 66-406, Idaho Code, 3 do not continue to exist, criminal proceedings may resume. If the defendant is 4 fit to proceed , the court in which the criminal charge is pending 5 shall be notified and the criminal proceedings may resume. If, however, the 6 court is of the view that so much time has elapsed, excluding any time spent 7 free from custody by reason of the escape of the defendant, since the commit- 8 ment of the defendant that it would be unjust to resume the criminal proceed- 9 ing, the court may dismiss the charge. 10 (56 ) If a defendant escapes from custody during 11 his confinement, the director shall immediately notify the court from which 12 committed, the prosecuting attorney and the sheriff of the county from which 13 committed. The court shall forthwith issue an order authorizing any health 14 officer, peace officer, or the director of the institution from which the 15 defendant escaped, to take the defendant into custody and immediately return 16 him to his place of confinement. 17 SECTION 3. That Section 66-337, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 66-337. REVIEW, TERMINATION OF COMMITMENT AND DISCHARGE OF PATIENTS. (a) 20 The department director or his designee shall as frequently as practicable but 21 at least once at the end of the first ninety (90) days examine or cause to be 22 examined every patient committed to his custody or admitted to an inpatient 23 facility of the state of Idaho, and determine whether to conditionally 24 release, discharge or terminate the commitment of the patient. If the patient 25 has not been conditionally released, discharged, or had the commitment termi- 26 nated a similar review shall be conducted every one hundred twenty (120) days 27 thereafter. A report of each review and determination regarding an involuntary 28 patient shall be sent to the committing court, prosecuting attorney of the 29 county of commitment, if any, the patient's attorney, and either the patient's 30 spouse, guardian, next of kin or friend. 31 (b) The commitment of an involuntary patient shall be terminated if the 32 patient is no longer mentally ill or is no longer likely to injure himself or 33 others or is no longer gravely disabled; provided, that patients admitted 34 under section 18-214, Idaho Code, acquitted of criminal charges filed prior to 35 July 1, 1982, on grounds of mental disease or defect, or committed pursuant to 36 sections 18-212(34 ) and 66-329, Idaho Code, as unfit 37 to proceed, may not be released from an inpatient facility unless thirty (30) 38 days before such release, the department director or his designee shall notify 39 the committing court and prosecuting attorney of the contemplated release. 40 (c) Upon notification of intention to release from an inpatient facility 41 either a patient admitted under section 18-214, Idaho Code, acquitted of crim- 42 inal charges filed prior to July 1, 1982, on grounds of mental disease or 43 defect, or committed pursuant to sections 18-212(34 ) 44 and 66-329, Idaho Code, as unfit to proceed, and upon motion of an interested 45 party or the court on its own motion, the court shall determine whether the 46 conditions justifying such release exist. In making such determination, the 47 court may order an independent examination of the patient. The cost of such 48 independent examination must be borne by the party making the motion or, if 49 indigent, the county having jurisdiction of the case. If no motion is made, 50 the patient may be released according to the notice. 51 (d) Section 18-214, Idaho Code, shall remain in full force and effect for 52 every individual previously acquitted pursuant to section 18-213, Idaho Code. 53 Section 18-214, Idaho Code, as last amended by section 2, chapter 13, laws of 5 1 1977, which is placed here for reference only and is not a reenactment of sec- 2 tion 18-214, Idaho Code, and reads as follows: 3 18-214. Commitment of acquitted defendant -- conditional release -- revo- 4 cation of release within five years. (1) When a defendant is acquitted on the 5 ground of mental disease or defect excluding responsibility, the court shall 6 order him to be committed to the custody of the director of the department of 7 health and welfare to be placed in an appropriate institution for custody, 8 care and treatment. 9 (2) If the director of the department of health and welfare is of the 10 view that a person committed to his custody, pursuant to paragraph (1) of this 11 section, may be discharged or released on condition without danger to himself 12 or to others, he shall make application for the discharge or release of such 13 person in a report to the court by which such person was committed and shall 14 transmit a copy of such application and report to the prosecuting attorney of 15 the county from which the defendant was committed. The court shall thereupon 16 appoint at least two (2) qualified psychiatrists to examine such person and to 17 report within sixty (60) days, or such longer period as the court determines 18 to be necessary for the purpose, their opinion as to his mental condition. To 19 facilitate such examination and the proceedings thereon, the court may cause 20 such person to be confined in any institution located near the place where the 21 court sits, which may hereafter be designated by the director of the depart- 22 ment of health and welfare as suitable for the temporary detention of irre- 23 sponsible persons. 24 (3) If the court is satisfied by the report filed pursuant to paragraph 25 (2) of this section and such testimony of the reporting psychiatrists as the 26 court deems necessary that the committed person may be discharged or released 27 on condition without danger to himself or others, the court shall order his 28 discharge or his release on such conditions as the court determines to be nec- 29 essary. If the court is not so satisfied, it shall promptly order a hearing to 30 determine whether such person may safely be discharged or released. Any such 31 hearing shall be deemed a civil proceeding and the burden shall be upon the 32 committed person to prove that he may safely be discharged or released. 33 According to the determination of the court upon the hearing, the committed 34 person shall thereupon be discharged or released on such conditions as the 35 court determines to be necessary, or shall be recommitted to the custody of 36 the director of the department of health and welfare, subject to discharge or 37 release only in accordance with the procedure prescribed above for a first 38 hearing. 39 (4) If, within five (5) years after the conditional release of a commit- 40 ted person, the court shall determine, after hearing evidence, that the condi- 41 tions of release have not been fulfilled and that for the safety of such per- 42 son or for the safety of others his conditional release should be revoked, the 43 court shall forthwith order him to be recommitted to the custody of the direc- 44 tor of the department of health and welfare subject to discharge or release 45 only in accordance with the procedure prescribed above for a first hearing. 46 (5) A committed person may make application for his discharge or release 47 to the court by which he was committed, and the procedure to be followed upon 48 such application shall be the same as that prescribed above in the case of an 49 application by the director of the department of health and welfare. However, 50 no such application by a committed person need be considered until he has been 51 confined for a period of not less than six (6) months from the date of the 52 order of commitment and if the determination of the court be adverse to the 53 application, such person shall not be permitted to file a further application 54 until one (1) year has elapsed from the date of any preceding hearing on an 55 application for his release or discharge. 6 1 (6) If a defendant escapes from custody during his confinement, the 2 director shall immediately notify the court from which committed, the prose- 3 cuting attorney and the sheriff of the county from which committed. The court 4 shall forthwith issue an order authorizing any health officer, peace officer, 5 or the director of the institution from which the defendant escaped, to take 6 the defendant into custody and immediately return him to his place of confine- 7 ment.
STATEMENT OF PURPOSE
RS08546C1
The proposed amendments to sections 18-211 and 18-212, Idaho Code
are to address an existing issue that arises when criminal
defendants present issues of their ability to stand trial and to
understand the proceedings against them. Currently the court may
commit these individuals to the Department of Health and Welfare
for care and treatment to rehabilitate them to stand trial.
Current law does not address the issue of the defendant's ability
to consent to treatment. Absent this determination and direction
from the court the defendant can refuse treatment in the
institution and delay return to court and also utilize resources
that may be better used by others. This amendment provides for the
designated examiner to address the defendant's capacity to consent
to treatment, provides a definition of that capacity and provides
for the court to determine legal capacity of the individual and
address the treatment issue initially. If the defendant is
determined to have the ability to consent to treatment and then
refuses such treatment to remediate his condition, the issue will
be returned to court for further direction by the judge.
FISCAL IMPACT
There is no anticipated fiscal impact. Potentially this change
could better utilize scarce resources by expediting the treatment
necessary to rehabilitate defendants and reduce the time in which
they are required to be in the institutions. It also may reduce
required court hearings necessary to address this issue.
CONTACT
Name: Roseanne Hardin
Agency: Div. of Family and Community Service
Phone: 334-5680
Statement of Purpose/Fiscal Impact
S111