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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
]]]] 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 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