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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