View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
S1318................................................by JUDICIARY AND RULES
DEFENDANTS - Amends existing law to provide for a court determination of a
defendant's capacity to make informed decisions about treatment; and to
provide for involuntary treatment under certain conditions.
01/27 Senate intro - 1st rdg - to printing
01/28 Rpt prt - to Jud
02/10 Rpt out - rec d/p - to 2nd rdg
02/11 2nd rdg - to 3rd rdg
02/15 3rd rdg - PASSED - 31-0-4
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Keough, King-Barrutia, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Stegner, Stennett,
Thorne, Wheeler, Whitworth, Williams
NAYS--None
Absent and excused--Branch, Ipsen, Lee, Sorensen
Floor Sponsor - Dunklin
Title apvd - to House
02/16 House intro - 1st rdg - to Jud
03/24 Rpt out - rec d/p - to 2nd rdg
03/27 2nd rdg - to 3rd rdg
04/03 3rd rdg - PASSED - 63-0-7
AYES -- Alltus, Barraclough(Barraclough), Barrett, Bieter, Black,
Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
Jones, Judd, Kellogg, Kendell, Kunz, Lake, Linford,
Loertscher(Loertscher), Mader, Marley, McKague, Meyer, Montgomery,
Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ringo,
Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson,
Stoicheff, Stone, Taylor, Tilman, Trail, Wood, Zimmermann
NAYS -- None
Absent and excused -- Bell, Clark, Crow, Kempton, Ridinger, Wheeler,
Mr Speaker
Floor Sponsor - Sali
Title apvd - to Senate
04/04 To enrol - rpt enrol - Pres signed
04/05 Sp signed
04/06 To Governor
04/12 Governor signed
Session Law Chapter 234
Effective: 07/01/00
S1318
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1318
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE EXAMINATION OF A DEFENDANT REGARDING FITNESS TO PROCEED;
3 AMENDING SECTION 18-211, IDAHO CODE, TO PROVIDE FOR EVALUATION OF WHETHER
4 THE DEFENDANT CAN MAKE INFORMED DECISIONS ABOUT TREATMENT; AMENDING SEC-
5 TION 18-212, IDAHO CODE, TO PROVIDE FOR DETERMINATION OF THE DEFENDANT'S
6 CAPACITY TO MAKE INFORMED DECISIONS ABOUT TREATMENT, TO PROVIDE A TIME
7 LIMIT FOR THE COMMITMENT TO CUSTODY AND TO PROVIDE FOR A HEARING REGARDING
8 INVOLUNTARY TREATMENT; AMENDING SECTION 66-337, IDAHO CODE, TO PROVIDE
9 CORRECT CITATIONS; AND PROVIDING AN EFFECTIVE DATE.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 18-211, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 18-211. EXAMINATION OF DEFENDANT -- APPOINTMENT OF PSYCHIATRISTS AND
14 LICENSED PSYCHOLOGISTS -- HOSPITALIZATION -- REPORT. (1) Whenever there is
15 reason to doubt the defendant's fitness to proceed as set forth in section
16 18-210, Idaho Code, the court shall appoint at least one (1) qualified psychi-
17 atrist or licensed psychologist or shall request the director of the depart-
18 ment of health and welfare to designate at least one (1) qualified psychia-
19 trist or licensed psychologist to examine and report upon the mental condition
20 of the defendant to assist counsel with defense or understand the proceedings.
21 The appointed examiner shall also evaluate whether the defendant lacks capac-
22 ity to make informed decisions about treatment. The costs of examination shall
23 be paid by the defendant if he is financially able. The determination of abil-
24 ity to pay shall be made in accordance with chapter 8, title 19, Idaho Code.
25 (2) Within three (3) days, excluding Saturdays, Sundays and legal holi-
26 days, of the appointment or designation, the examiner shall determine the best
27 location for the examination. If practical, the examination shall be conducted
28 locally on an outpatient basis.
29 (3) If the examiner determines that confinement is necessary for purposes
30 of the examination, the court may order the defendant to be confined to a
31 jail, a hospital, or other suitable facility for that purpose for a period not
32 exceeding thirty (30) days. The order of confinement shall require the county
33 sheriff to transport the defendant to and from the facility and shall notify
34 the facility of any known medical, behavioral, or security requirements of the
35 defendant. The court, upon request, may make available to the examiner any
36 court records relating to the defendant.
37 (4) In such examination any method may be employed which is accepted by
38 the examiner's profession for the examination of those alleged not to be com-
39 petent to assist counsel in their defense.
40 (5) Upon completion of the examination a report shall be submitted to the
41 court and shall include the following:
42 (a) a description of the nature of the examination;
43 (b) a diagnosis or evaluation of the mental condition of the defendant;
2
1 (c) an opinion as to the defendant's capacity to understand the proceed-
2 ings against him and to assist in his own defense;
3 (d) an opinion whether the defendant lacks the capacity to make informed
4 decisions about treatment. "Lack of capacity to make informed decisions
5 about treatment" means the defendant's inability, by reason of his mental
6 condition, to achieve a rudimentary understanding of the purpose, nature,
7 and possible significant risks and benefits of treatment, after conscien-
8 tious efforts at explanation.
9 (6) If the examination cannot be conducted by reason of the unwillingness
10 of the defendant to participate therein, the report shall so state and shall
11 include, if possible, an opinion as to whether such unwillingness of the
12 defendant was the result of mental disease or defect.
13 (7) The report of the examination shall be filed in triplicate with the
14 clerk of the court, who shall cause copies to be delivered to the prosecuting
15 attorney and to counsel for the defendant.
16 (8) When the defendant wishes to be examined by an expert of his own
17 choice, such examiner shall be permitted to have reasonable access to the
18 defendant for the purpose of examination.
19 (9) In addition to the psychiatrist or licensed psychologist, the court
20 may appoint additional experts to examine the defendant. In the event a
21 defendant is suspected of being developmentally disabled, the examination
22 shall proceed with those experts set out in subsection (7) of section 66-402,
23 Idaho Code.
24 (10) If the defendant lacks capacity to make informed decisions about
25 treatment, as defined in section 66-317, Idaho Code, the court may authorize
26 consent to be given pursuant to section 66-322, Idaho Code. If the defendant
27 lacks capacity to make informed decisions as defined in subsection (9) of sec-
28 tion 66-402, Idaho Code, the court may authorize consent to be given pursuant
29 to sections 66-404 and 66-405, Idaho Code.
30 (11) If the defendant was confined solely for the purpose of examination,
31 he shall be released from the facility within three (3) days, excluding Satur-
32 days, Sundays and legal holidays following notification of completion of the
33 examination.
34 SECTION 2. That Section 18-212, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 18-212. DETERMINATION OF FITNESS OF DEFENDANT TO PROCEED -- SUSPENSION OF
37 PROCEEDING AND COMMITMENT OF DEFENDANT -- POSTCOMMITMENT HEARING. (1) When the
38 defendant's fitness to proceed is drawn in question, the issue shall be deter-
39 mined by the court. The court shall also determine, based on the examiner's
40 findings, whether the defendant lacks capacity to make informed decisions
41 about treatment. If neither the prosecuting attorney nor counsel for the
42 defendant contests the finding of the report filed pursuant to section 18-211,
43 Idaho Code, the court may make the determination on the basis of such report.
44 If the finding is contested, the court shall hold a hearing on the issue. If
45 the report is received in evidence upon such hearing, the party who contests
46 the finding thereof shall have the right to summon and to cross-examine the
47 psychiatrist or licensed psychologist who submitted the report and to offer
48 evidence upon the issue.
49 (2) If the court determines that the defendant lacks fitness to proceed,
50 the proceeding against him shall be suspended, except as provided in subsec-
51 tions (45) and (56) of this section, and the court shall commit him to the
52 custody of the director of the department of health and welfare, for a period
53 not exceeding ninety (90) days, for care and treatment at an appropriate
3
1 facility of the department of health and welfare or if the defendant is found
2 to be dangerously mentally ill as defined in section 66-1305, Idaho Code, to
3 the department of correction for a period not exceeding ninety (90) days. The
4 order of commitment shall include the finding by the court whether the defend-
5 ant lacks capacity to make informed decisions about treatment. For purposes of
6 this section "facility" shall mean a state hospital, institution, mental
7 health center, or those facilities enumerated in subsection (8) of section
8 66-402, Idaho Code, equipped to evaluate or rehabilitate such defendants. The
9 order of commitment shall require the county sheriff to transport the defend-
10 ant to and from the facility and require an evaluation of the defendant's men-
11 tal condition at the time of admission to the facility, and a progress report
12 on the defendant's mental condition. The progress report shall include an
13 opinion whether the defendant is fit to proceed, or if not, whether there is a
14 substantial probability the defendant will be fit to proceed within the fore-
15 seeable future. If the report concludes that there is a substantial probabil-
16 ity that the defendant will be fit to proceed in the foreseeable future, the
17 court may order the continued commitment of the defendant for an additional
18 one hundred eighty (180) days. If at any time the director of the facility to
19 which the defendant is committed determines that the defendant is fit to pro-
20 ceed, such determination shall be reported to the court.
21 (3) If during a commitment under this section a defendant who has the
22 capacity to make informed decisions about treatment refuses any and all treat-
23 ment, or the only treatment available to restore competency for trial, the
24 court shall, within seven (7) days, excluding weekends and holidays, of
25 receiving notice of the defendant's refusal from the facility, conduct a hear-
26 ing on whether to order involuntary treatment or order such other terms and
27 conditions as may be determined appropriate. The burden shall be on the state
28 to demonstrate grounds for involuntary treatment including, but not limited
29 to: the prescribed treatment is essential to restore the defendant's compe-
30 tency, the medical necessity and appropriateness of the prescribed treatment,
31 no less intrusive treatment alternative exists to render the defendant compe-
32 tent for trial, and other relevant information. If each of these findings is
33 made by the court, treatment shall be ordered consistent with the findings.
34 (4) Each report shall be filed in triplicate with the clerk of the court,
35 who shall cause copies to be delivered to the prosecuting attorney and to
36 counsel for the defendant. Upon receipt of a report, the court shall deter-
37 mine, after a hearing if a hearing is requested, the disposition of the
38 defendant and the proceedings against him. If the court determines that the
39 defendant is fit to proceed, the proceeding shall be resumed. If at the end of
40 the initial ninety (90) days the court determines that the defendant is unfit
41 and there is not a substantial probability the defendant will be fit to pro-
42 ceed within the foreseeable future or if the defendant is not fit to proceed
43 after the expiration of the additional one hundred eighty (180) days, involun-
44 tary commitment proceedings shall be instituted pursuant to either section
45 66-329 or 66-406, Idaho Code, in the court in which the criminal charge is
46 pending.
47 (45) In its review of commitments pursuant to section 66-337, Idaho Code,
48 the department of health and welfare shall determine whether the defendant is
49 fit to proceed with trial. The department of health and welfare shall review
50 its commitments pursuant to chapter 4, title 66, Idaho Code, and may recommend
51 that the defendant is fit to proceed with trial. If the district court which
52 committed the defendant pursuant to section 66-406, Idaho Code, agrees with
53 the department's recommendation and finds the conditions which justified the
54 order pursuant to section 66-406, Idaho Code, do not continue to exist, crimi-
55 nal proceedings may resume. If the defendant is fit to proceed, the court in
4
1 which the criminal charge is pending shall be notified and the criminal pro-
2 ceedings may resume. If, however, the court is of the view that so much time
3 has elapsed, excluding any time spent free from custody by reason of the
4 escape of the defendant, since the commitment of the defendant that it would
5 be unjust to resume the criminal proceeding, the court may dismiss the
6 charge.
7 (56) If a defendant escapes from custody during his confinement, the
8 director shall immediately notify the court from which committed, the prose-
9 cuting attorney and the sheriff of the county from which committed. The court
10 shall forthwith issue an order authorizing any health officer, peace officer,
11 or the director of the institution from which the defendant escaped, to take
12 the defendant into custody and immediately return him to his place of confine-
13 ment.
14 SECTION 3. That Section 66-337, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 66-337. REVIEW, TERMINATION OF COMMITMENT AND DISCHARGE OF PATIENTS. (a)
17 The department director or his designee shall as frequently as practicable but
18 at least once at the end of the first ninety (90) days examine or cause to be
19 examined every patient committed to his custody or admitted to an inpatient
20 facility of the state of Idaho, and determine whether to conditionally
21 release, discharge or terminate the commitment of the patient. If the patient
22 has not been conditionally released, discharged, or had the commitment termi-
23 nated a similar review shall be conducted every one hundred twenty (120) days
24 thereafter. A report of each review and determination regarding an involuntary
25 patient shall be sent to the committing court, prosecuting attorney of the
26 county of commitment, if any, the patient's attorney, and either the patient's
27 spouse, guardian, next of kin or friend.
28 (b) The commitment of an involuntary patient shall be terminated if the
29 patient is no longer mentally ill or is no longer likely to injure himself or
30 others or is no longer gravely disabled; provided, that patients admitted
31 under section 18-214, Idaho Code, acquitted of criminal charges filed prior to
32 July 1, 1982, on grounds of mental disease or defect, or committed pursuant to
33 sections 18-212(34) and 66-329, Idaho Code, as unfit to proceed, may not be
34 released from an inpatient facility unless thirty (30) days before such
35 release, the department director or his designee shall notify the committing
36 court and prosecuting attorney of the contemplated release.
37 (c) Upon notification of intention to release from an inpatient facility
38 either a patient admitted under section 18-214, Idaho Code, acquitted of crim-
39 inal charges filed prior to July 1, 1982, on grounds of mental disease or
40 defect, or committed pursuant to sections 18-212(34) and 66-329, Idaho Code,
41 as unfit to proceed, and upon motion of an interested party or the court on
42 its own motion, the court shall determine whether the conditions justifying
43 such release exist. In making such determination, the court may order an inde-
44 pendent examination of the patient. The cost of such independent examination
45 must be borne by the party making the motion or, if indigent, the county hav-
46 ing jurisdiction of the case. If no motion is made, the patient may be
47 released according to the notice.
48 (d) Section 18-214, Idaho Code, shall remain in full force and effect for
49 every individual previously acquitted pursuant to section 18-213, Idaho Code.
50 Section 18-214, Idaho Code, as last amended by section 2, chapter 13, laws of
51 1977, which is placed here for reference only and is not a reenactment of sec-
52 tion 18-214, Idaho Code, and reads as follows:
53 18-214. Commitment of acquitted defendant -- Conditional release -- Revo-
5
1 cation of release within five years. (1) When a defendant is acquitted on the
2 ground of mental disease or defect excluding responsibility, the court shall
3 order him to be committed to the custody of the director of the department of
4 health and welfare to be placed in an appropriate institution for custody,
5 care and treatment.
6 (2) If the director of the department of health and welfare is of the
7 view that a person committed to his custody, pursuant to paragraph (1) of this
8 section, may be discharged or released on condition without danger to himself
9 or to others, he shall make application for the discharge or release of such
10 person in a report to the court by which such person was committed and shall
11 transmit a copy of such application and report to the prosecuting attorney of
12 the county from which the defendant was committed. The court shall thereupon
13 appoint at least two (2) qualified psychiatrists to examine such person and to
14 report within sixty (60) days, or such longer period as the court determines
15 to be necessary for the purpose, their opinion as to his mental condition. To
16 facilitate such examination and the proceedings thereon, the court may cause
17 such person to be confined in any institution located near the place where the
18 court sits, which may hereafter be designated by the director of the depart-
19 ment of health and welfare as suitable for the temporary detention of irre-
20 sponsible persons.
21 (3) If the court is satisfied by the report filed pursuant to paragraph
22 (2) of this section and such testimony of the reporting psychiatrists as the
23 court deems necessary that the committed person may be discharged or released
24 on condition without danger to himself or others, the court shall order his
25 discharge or his release on such conditions as the court determines to be nec-
26 essary. If the court is not so satisfied, it shall promptly order a hearing to
27 determine whether such person may safely be discharged or released. Any such
28 hearing shall be deemed a civil proceeding and the burden shall be upon the
29 committed person to prove that he may safely be discharged or released.
30 According to the determination of the court upon the hearing, the committed
31 person shall thereupon be discharged or released on such conditions as the
32 court determines to be necessary, or shall be recommitted to the custody of
33 the director of the department of health and welfare, subject to discharge or
34 release only in accordance with the procedure prescribed above for a first
35 hearing.
36 (4) If, within five (5) years after the conditional release of a commit-
37 ted person, the court shall determine, after hearing evidence, that the condi-
38 tions of release have not been fulfilled and that for the safety of such per-
39 son or for the safety of others his conditional release should be revoked, the
40 court shall forthwith order him to be recommitted to the custody of the direc-
41 tor of the department of health and welfare subject to discharge or release
42 only in accordance with the procedure prescribed above for a first hearing.
43 (5) A committed person may make application for his discharge or release
44 to the court by which he was committed, and the procedure to be followed upon
45 such application shall be the same as that prescribed above in the case of an
46 application by the director of the department of health and welfare. However,
47 no such application by a committed person need be considered until he has been
48 confined for a period of not less than six (6) months from the date of the
49 order of commitment and if the determination of the court be adverse to the
50 application, such person shall not be permitted to file a further application
51 until one (1) year has elapsed from the date of any preceding hearing on an
52 application for his release or discharge.
53 (6) If a defendant escapes from custody during his confinement, the
54 director shall immediately notify the court from which committed, the prose-
55 cuting attorney and the sheriff of the county from which committed. The court
6
1 shall forthwith issue an order authorizing any health officer, peace officer,
2 or the director of the institution from which the defendant escaped, to take
3 the defendant into custody and immediately return him to his place of confine-
4 ment.
5 SECTION 4. This act shall be in full force and effect on and after July
6 1, 2000.
STATEMENT OF PURPOSE
RS09334Cl
The proposed amendments to sections 18-211 and 18-212, Idaho
Code are to address an existingsituation 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 tothe 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. Absentthis 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 more productivelyused by others. This amendment provides
for the designated examiner to address thedefendant'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 issueinitially. If the defendant is
determined to have the ability to consent to treatment and then
refused such treatment to remediate his condition, the issue will
be returned to the court forfurther direction by the judge.
FISCAL IMPACT
There is no anticipated fiscal impact. Potentially this change could
better utilize scarce resourcesby expediting the treatment necessary
to rehabilitate defendants and reduce the time in whichthey are
required to be in the institutions. It also may reduce required
court hearing necessary toaddress this issue.
CONTACT Name: Roseanne Hardin
Agency: Dept. of Health & Welfare;
Div. of Family & Community Svcs.
Phone: 334-5680
Statement of Purpose/Fiscal Impact S 1318