2005 Legislation
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HOUSE BILL NO. 301 – Mental health courts

HOUSE BILL NO. 301

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Bill Status



H0301......................................................by STATE AFFAIRS
MENTAL HEALTH COURTS - Amends existing law to provide for mental health
courts; to revise the short title; to revise the legislative statement of
policy; to reference the drug court and mental health court coordinating
committee; to provide for a drug court and mental health court
implementation plan and drug court and mental health court programs; to
provide for an automated drug court and mental health court management
information system; to provide for appropriations for mental health courts;
to provide for a drug court and mental health court fee; to provide for
establishment of mental health courts; and to provide for evaluations and
reports.
                                                                        
03/07    House intro - 1st rdg - to printing
03/08    Rpt prt - to Jud
03/16    Rpt out - rec d/p - to 2nd rdg
03/17    2nd rdg - to 3rd rdg
03/18    3rd rdg - PASSED - 67-0-3
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
      Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
      Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez,
      Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen,
      Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
      Rydalch, Sali, Sayler, Shepherd(2), Shepherd(8), Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Stevenson, Trail, Wills, Mr. Speaker
      NAYS -- None
      Absent and excused -- Schaefer, Snodgrass, Wood
    Floor Sponsors - Boe & Shirley
    Title apvd - to Senate
03/21    Senate intro - 1st rdg - to Jud
03/24    Rpt out - rec d/p - to 2nd rdg
03/25    2nd rdg - to 3rd rdg
03/29    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
      Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
      Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Lodge
    Title apvd - to House
03/30    To enrol
03/31    Rpt enrol - Sp signed - Pres signed
04/04    To Governor
04/12    Governor signed
         Session Law Chapter 358
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 301
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO MENTAL HEALTH COURTS; AMENDING THE HEADING FOR CHAPTER  56,  TITLE
  3        19,  IDAHO CODE; AMENDING SECTION 19-5601, IDAHO CODE, TO REVISE THE SHORT
  4        TITLE; AMENDING SECTION 19-5602, IDAHO CODE,  TO  REVISE  THE  LEGISLATIVE
  5        STATEMENT  OF  POLICY;  AMENDING SECTION 19-5603, IDAHO CODE, TO REFERENCE
  6        THE DRUG COURT AND MENTAL HEALTH COURT  COORDINATING  COMMITTEE;  AMENDING
  7        SECTION  19-5606, IDAHO CODE, TO REVISE DESCRIPTIVE LANGUAGE, TO REFERENCE
  8        THE DRUG COURT AND MENTAL HEALTH COURT COORDINATING COMMITTEE, TO  PROVIDE
  9        FOR MENTAL HEALTH COURT COORDINATORS, TO PROVIDE FOR A DRUG COURT AND MEN-
 10        TAL  HEALTH  COURT  IMPLEMENTATION  PLAN  AND DRUG COURT AND MENTAL HEALTH
 11        COURT PROGRAMS, TO REFERENCE MENTAL HEALTH COURTS AND TO  PROVIDE  FOR  AN
 12        AUTOMATED  DRUG  COURT AND MENTAL HEALTH COURT MANAGEMENT INFORMATION SYS-
 13        TEM; AMENDING SECTION 19-5607, IDAHO CODE, TO REVISE DESCRIPTIVE  LANGUAGE
 14        AND  TO PROVIDE FOR APPROPRIATIONS FOR MENTAL HEALTH COURTS; AMENDING SEC-
 15        TION 19-5608, IDAHO CODE, TO REVISE  DESCRIPTIVE  LANGUAGE,  TO  REFERENCE
 16        MENTAL  HEALTH  COURTS  AND  TO PROVIDE FOR A DRUG COURT AND MENTAL HEALTH
 17        COURT FEE; AMENDING CHAPTER 56, TITLE 19, IDAHO CODE, BY THE ADDITION OF A
 18        NEW SECTION 19-5609, IDAHO CODE, TO PROVIDE FOR THE ESTABLISHMENT OF  MEN-
 19        TAL HEALTH COURTS AND TO PROVIDE FOR EVALUATIONS AND REPORTS; AND AMENDING
 20        SECTION 31-3201E, IDAHO CODE, TO REVISE DESCRIPTIVE LANGUAGE, TO REFERENCE
 21        MENTAL  HEALTH COURTS, TO REFERENCE THE DRUG COURT AND MENTAL HEALTH COURT
 22        FEE, TO REFERENCE THE DRUG COURT AND MENTAL HEALTH COURT FUND AND TO  PRO-
 23        VIDE FOR EXPENSES INCURRED IN CONNECTION WITH MENTAL HEALTH TREATMENT.
                                                                        
 24    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 25        SECTION 1.  That the Heading for Chapter 56, Title 19, Idaho Code, be, and
 26    the same is hereby amended to read as follows:
                                                                        
 27                                      CHAPTER 56
 28                     IDAHO DRUG COURT AND MENTAL HEALTH COURT ACT
                                                                        
 29        SECTION  2.  That  Section 19-5601, Idaho Code, be, and the same is hereby
 30    amended to read as follows:
                                                                        
 31        19-5601.  SHORT TITLE. This chapter shall be known and may be cited as the
 32    "Idaho Drug Court and Mental Health Court Act."
                                                                        
 33        SECTION 3.  That Section 19-5602, Idaho Code, be, and the same  is  hereby
 34    amended to read as follows:
                                                                        
 35        19-5602.  STATEMENT OF POLICY. The legislature finds that:
 36        (1)  Substance  abuse  is  a  contributing  cause for much of the crime in
 37    Idaho, costs millions of dollars in  productivity,  contributes  to  the  ever
 38    increasing jail and prison populations and adversely impacts Idaho children;
 39        (2)  Drug  courts  which  closely  supervise, monitor, test and treat sub-
                                                                        
                                           2
                                                                        
  1    stance abusers have proven effective in certain judicial  districts  in  Idaho
  2    and in other states in reducing the incidence of drug use, drug addiction, and
  3    crimes  committed as a result of drug use and  drug addiction. Successful drug
  4    courts are based on partnerships among the courts,  law  enforcement,  correc-
  5    tions and social welfare agencies;
  6        (3)  Mental illness is a substantial contributing cause to crime in Idaho.
  7    Crimes  committed  by  persons suffering from mental illness cause substantial
  8    losses to persons and  business  throughout  the  state  and  endanger  public
  9    safety. In addition, millions of dollars are spent each year on the incarcera-
 10    tion, supervision and treatment of mentally ill offenders;
 11        (4)  Mental  health  courts  in Idaho and other jurisdictions that closely
 12    supervise and monitor mentally ill adult and juvenile  offenders  and  oversee
 13    their  treatment  are  an  innovative alternative to incarceration for certain
 14    offenders. Such courts, which can be operated in conjunction with drug courts,
 15    have provided a cost-effective approach to addressing the mental health  needs
 16    of  offenders, reducing recidivism, providing community protection, easing the
 17    caseload of the courts, and alleviating the problem of increasing prison, jail
 18    and detention populations; and
 19        (5)  It is in the best interests of the citizens of this state  to  expand
 20    the use of drug courts and mental health courts in Idaho.
 21        The  goals  of  the  drug  courts and mental health courts created by this
 22    chapter are to reduce the overcrowding of jails and prisons, to reduce alcohol
 23    and drug abuse and dependency among criminal and juvenile offenders,  to  hold
 24    offenders accountable, to reduce recidivism, and to promote effective interac-
 25    tion  and use of resources among the courts, justice system personnel and com-
 26    munity agencies.
                                                                        
 27        SECTION 4.  That Section 19-5603, Idaho Code, be, and the same  is  hereby
 28    amended to read as follows:
                                                                        
 29        19-5603.  DRUG  COURT  -- ESTABLISHMENT. The district court in each county
 30    may establish a drug court which shall include a regimen  of  graduated  sanc-
 31    tions  and  rewards,  substance  abuse  treatment,  close court monitoring and
 32    supervision of progress, educational or vocational counseling as  appropriate,
 33    and  other requirements as may be established by the district court, in accor-
 34    dance with standards developed by the Idaho supreme court drug court and  men-
 35    tal health court coordinating committee.
                                                                        
 36        SECTION  5.  That  Section 19-5606, Idaho Code, be, and the same is hereby
 37    amended to read as follows:
                                                                        
 38        19-5606.  IMPLEMENTATION OF DRUG COURTS  AND  MENTAL  HEALTH  COURTS.  The
 39    supreme  court shall establish a drug court and mental health court coordinat-
 40    ing committee consisting of judges, court administrators, drug court coordina-
 41    tors,  mental  health  court  coordinators,  prosecuting   attorneys,   public
 42    defenders, state and county probation officers, treatment providers, represen-
 43    tatives of the department of correction, the department of education, the com-
 44    mission  of  pardons  and  parole,  the  department of health and welfare, the
 45    department of juvenile corrections, the Idaho state police, the  Idaho  trans-
 46    portation  department, legislators, a representative of the governor's office,
 47    law enforcement officers, mental health professionals, and others, which shall
 48    establish a drug court and mental health court implementation plan and oversee
 49    ongoing drug court and mental health court programs. The  implementation  plan
 50    shall  include  a  strategy  to  forge  partnerships among drug courts, mental
 51    health courts, public agencies,  and community-based organizations to  enhance
                                                                        
                                           3
                                                                        
  1    drug  court  and  mental  health court effectiveness. The committee shall also
  2    develop guidelines for drug courts and mental health courts addressing  eligi-
  3    bility,  identification  and  screening,  assessment,  treatment and treatment
  4    providers, case management and supervision, and evaluation.  The  coordinating
  5    committee  shall  also  solicit  specific  drug  court and mental health court
  6    plans, and recommend funding priorities and decisions per  judicial  district;
  7    pursue  all available alternate funding; provide technical assistance, develop
  8    procedural manuals, and schedule training opportunities for the drug court and
  9    mental health court teams; design an evaluation strategy, including participa-
 10    tion in the statewide substance abuse evaluation plan; and design an automated
 11    drug court and mental health court management information system,  which  pro-
 12    motes information sharing with other entities.
                                                                        
 13        SECTION  6.  That  Section 19-5607, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
                                                                        
 15        19-5607.  DRUG COURT AND MENTAL  HEALTH  COURT  FUNDING.  Subject  to  the
 16    appropriation power of the legislature, the supreme court shall be responsible
 17    for  administering,  allocating  and  apportioning all appropriations from the
 18    legislature for drug courts and mental health courts.
                                                                        
 19        SECTION 7.  That Section 19-5608, Idaho Code, be, and the same  is  hereby
 20    amended to read as follows:
                                                                        
 21        19-5608.  DRUG  COURT  AND  MENTAL  HEALTH COURT FEE. Each person admitted
 22    into a drug court or mental health court shall pay the drug court  and  mental
 23    health court fee as established in section 31-3201E, Idaho Code.
                                                                        
 24        SECTION  8.  That  Chapter  56,  Title 19, Idaho Code, be, and the same is
 25    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 26    ignated as Section 19-5609, Idaho Code, and to read as follows:
                                                                        
 27        19-5609.  MENTAL  HEALTH COURTS. (1) The district court in each county may
 28    establish a mental health court which shall include  a  regimen  of  graduated
 29    sanctions  and  rewards,  mental health and other appropriate treatment, close
 30    court monitoring and supervision of progress, educational or vocational  coun-
 31    seling  as appropriate, eligibility standards and other requirements as may be
 32    established by the district court, in accordance with standards  developed  by
 33    the  Idaho  supreme court drug court and mental health court coordinating com-
 34    mittee. No person has a right to be admitted into a  mental  health  court.  A
 35    mental health court may be operated in conjunction with a drug court.
 36        (2)  The  district  court  of  each  county  that has implemented a mental
 37    health court shall annually evaluate the mental health  court's  effectiveness
 38    and  provide  a report to the supreme court as requested. If the mental health
 39    court is operated in conjunction with a drug court, a  single  report  may  be
 40    submitted  for the drug court and mental health court. A report evaluating the
 41    effectiveness of mental health courts in the state shall be submitted  to  the
 42    governor  and  to  the legislature by the first day of the legislative session
 43    each year.
                                                                        
 44        SECTION 9.  That Section 31-3201E, Idaho Code, be, and the same is  hereby
 45    amended to read as follows:
                                                                        
 46        31-3201E.  DRUG COURT AND MENTAL HEALTH COURT FEE -- DRUG COURT AND MENTAL
 47    HEALTH  COURT  FUND.  Each  person admitted into a drug court or mental health
                                                                        
                                           4
                                                                        
  1    court shall pay a drug court and mental health court fee in an amount  not  to
  2    exceed three hundred dollars ($300) per month or a lesser amount as set by the
  3    administrative  district  judge  for participants in the drug court and mental
  4    health court. For good cause, the judge presiding over a drug court or  mental
  5    health court may exempt a participant from paying all or a portion of the drug
  6    court and mental health court fee. The fee imposed under this section shall be
  7    paid to the clerk of the district court for deposit into the county drug court
  8    and mental health court fund which is hereby created in each county that has a
  9    drug court or mental health court. Moneys in this fund may be accumulated from
 10    year  to  year and shall be expended exclusively for expenses incurred in con-
 11    nection with the drug court or mental health court including, but not  limited
 12    to, substance abuse treatment, mental health treatment, drug testing, supervi-
 13    sion  and  private  counseling  services  utilized by the drug court or mental
 14    health court. Any failure to pay the drug court and mental  health  court  fee
 15    may  constitute grounds for termination from drug court or mental health court
 16    by the court, provided this shall not be the exclusive remedy  for  collection
 17    of  the  fee.  If  a  participant  is terminated from the drug court or mental
 18    health court prior to successful completion of the program and a  judgment  of
 19    conviction  is entered against the defendant, any unpaid drug court and mental
 20    health court fee shall be ordered by the court in the judgment of  conviction,
 21    provided  the  court  may  order such fee to be waived if the court determines
 22    that the person is indigent and unable to pay the fee. Such fee  shall  be  in
 23    addition  to  all other fines and fees levied, and the payment of such fee may
 24    also be ordered as a term and condition of probation.

Statement of Purpose / Fiscal Impact


                             STATEMENT OF PURPOSE
                               
                                   RS 15103
                               
  
  This bill would provide a statutory framework for mental health courts,
  much in the same way that the Idaho Drug Court Act provided such a
  framework for drug courts when it was adopted in 2001.
  
  Mental health courts are currently operating in Idaho in the 1st and 7th
  Judicial Districts.  The purpose of the courts is to provide an innovative
  alternative to incarceration, while providing community protection, through
  close supervision and monitoring of mentally ill offenders and their
  treatment.
  
  This bill would expand the Idaho Drug Court Act to provide for mental
  health courts.  In particular, the Supreme Court's Drug Court Coordinating
  Committee would become the Drug Court and Mental Health Court Coordinating
  Committee.  The Committee would be charged with providing an implementation
  plan for mental health courts, as well as guidelines for eligibility,
  screening, assessment, treatment, case management, supervision and
  evaluation.  The Supreme Court would have responsibility for administering
  any appropriations from the Legislature for mental health courts. District
  courts in each county would have authority to establish mental health
  courts in accordance with the standards set by the Committee.  
  
  The bill would further provide that there is no right to be admitted to
  mental health court, and that a mental health court can be operated in
  conjunction with a drug court.  Further, each person admitted to mental
  health court, like those admitted to drug court, would pay a monthly fee of
  up to $300, unless exempted from such payment for good cause.  These fees
  would be deposited in the county drug court and mental health court fund
  and would be used to cover expenses incurred in the operation of drug
  courts and mental health courts.
  
  
                                  FISCAL NOTE
                               
  
  This bill would have no impact on the general fund.  
  
  
  
  
  Contact
  Name:   Patricia Tobias
          Administrative Director of the Courts
  Phone:  (208) 334-2246
  
  
  
  Statement of Purpose/Fiscal Note                            H 301