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H0431................................by JUDICIARY, RULES AND ADMINISTRATION
PROBATION AND PAROLE OFFICERS - Amends existing law to provide that
probation and parole officers shall be defined as "peace officers"
authorized to arrest and place mentally ill or imminently dangerous
probationers and parolees in a mental health treatment facility.
01/20 House intro - 1st rdg - to printing
01/23 Rpt prt - to Jud
02/16 Rpt out - rec d/p - to 2nd rdg
02/17 2nd rdg - to 3rd rdg
02/22 3rd rdg - PASSED - 68-0-2
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford,
Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Ellsworth,
Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
Rydalch, Sali(Sali), Sayler, Schaefer, Shepherd(2), Shepherd(8),
Shirley, Skippen, Smith(30), Smith(24), Smylie(Luker), Snodgrass,
Stevenson, Trail, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Edmunson, Eskridge
Floor Sponsor - Bastian
Title apvd - to Senate
02/23 Senate intro - 1st rdg - to Jud
03/07 Rpt out - rec d/p - to 2nd rdg
03/08 2nd rdg - to 3rd rdg
03/09 3rd rdg - PASSED - 34-0-1
AYES -- Andreason(Hatch), 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, Werk, Williams
NAYS -- None
Absent and excused -- Sweet
Floor Sponsor - Darrington
Title apvd - to House
03/10 To enrol
03/13 Rpt enrol - Sp signed
03/14 Pres signed
03/15 To Governor
03/15 Governor signed
Session Law Chapter 91
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 431
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO DETENTION WITHOUT HEARING FOR CERTAIN MENTALLY ILL PERSONS; AMEND-
3 ING SECTION 66-326, IDAHO CODE, TO PROVIDE THAT PROBATION AND PAROLE OFFI-
4 CERS SHALL BE DEFINED AS PEACE OFFICERS AUTHORIZED TO ARREST AND PLACE
5 MENTALLY ILL OR IMMINENTLY DANGEROUS PROBATIONERS AND PAROLEES IN A MENTAL
6 HEALTH TREATMENT FACILITY.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 66-326, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 66-326. DETENTION WITHOUT HEARING. (a) No person shall be taken into cus-
11 tody as an alleged emergency patient unless and until the court has ordered
12 such apprehension and custody under the provisions outlined in section 66-329,
13 Idaho Code; provided, however, that a person may be taken into custody by a
14 peace officer and placed in a facility, if the peace officer has reason to
15 believe that the person is gravely disabled due to mental illness or the
16 person's continued liberty poses an imminent danger to that person or others,
17 as evidenced by a threat of substantial physical harm; provided, under no cir-
18 cumstances shall the proposed patient be detained in a nonmedical unit used
19 for the detention of individuals charged with or convicted of penal offenses.
20 For purposes of this section, the term "peace officer" shall include state
21 probation and parole officers exercising their authority to supervise proba-
22 tioners and parolees. Whenever a person is taken into custody under this sec-
23 tion without court order, the evidence supporting the claim of grave disabil-
24 ity due to mental illness or imminent danger must be presented to a duly
25 authorized court within twenty-four (24) hours from the time the individual
26 was placed in custody.
27 (b) If the court finds the individual to be gravely disabled due to men-
28 tal illness or imminently dangerous under subsection (a) of this section, the
29 court shall issue a temporary custody order requiring the person to be held in
30 a facility, and requiring an examination of the person by a designated exam-
31 iner within twenty-four (24) hours of the entry of the order of the court.
32 Under no circumstances shall the proposed patient be detained in a nonmedical
33 unit used for the detention of individuals charged with or convicted of penal
34 offenses.
35 (c) Where an examination is required under subsection (b) of this sec-
36 tion, the designated examiner shall make his findings and report to the court
37 within twenty-four (24) hours of the examination.
38 (d) If the designated examiner finds, in his examination under this sec-
39 tion, that the person is mentally ill, and either is likely to injure himself
40 or others or is gravely disabled due to mental illness, the prosecuting attor-
41 ney shall file, within twenty-four (24) hours of the examination of the per-
42 son, a petition with the court requesting the patient's detention pending com-
43 mitment proceedings pursuant to the provisions of section 66-329, Idaho Code.
2
1 Upon the receipt of such a petition, the court shall order his detention to
2 await hearing which shall be within five (5) days (including Saturdays, Sun-
3 days and legal holidays) of the detention order. If no petition is filed
4 within twenty-four (24) hours of the designated examiner's examination of the
5 person, the person shall be released.
6 (e) Any person held in custody under the provisions of this section shall
7 have the same protection and rights which are guaranteed to a person already
8 committed to the department director. Upon taking a person into custody,
9 notice shall be given to the person's immediate relatives of the person's
10 physical whereabouts and the reasons for taking the person into custody.
STATEMENT OF PURPOSE
RS 15495
The purpose of this amendment to I.C. 66-326 is to grant
authority to probation and parole officers to place a
probationer or parolee into a mental health treatment facility
to protect the probationer or parolee and/or the public. The
authority is granted by amending the statute that allows any
peace officer to arrest and place into a mental health treatment
facility any individual believed to be gravely disabled due to
mental illness or to be a danger to himself or the public. The
amendment consists of language that includes, within the
definition of “peace officer”, state probation and parole
officers who are exercising their authority to supervise
probationers and parolees. This would grant specific authority
to a state probation and parole officer to place a probationer
or parolee over whom the officer has supervisory authority into
a mental health facility. The authority to take this action is
not extended to a probation and parole officer in situations
involving persons who are not on probation or parole. Also,
this grant of authority would not preclude other peace officers,
not serving as state probation and parole officers, from placing
into a mental health treatment facility an individual who may be
on probation or parole, under appropriate circumstances.
FISCAL NOTE
The fiscal impact is negligible. I.C.66-637(a) states that all
costs associated with commitment proceedings, including fees of
designated examiners and facility costs, are charged to the
offender subject to judicial proceedings or the ability of the
offender’s family to pay. If indigent, costs are charged to the
county after family assets have been considered. I.C. 66-327(b)
states that the Dept. of Health and Welfare then assumes
responsibility for usual and customary costs after the patient
is dispositioned to the custody of the State of Idaho. It is
not anticipated that this amendment will increase the number of
commitments to mental health facilities, but simply allow for
probation and parole officers to make these determinations
involving persons under their supervision.
CONTACT
Name: Vanna Kay Donovan
Agency: Correction, Dept. of
Phone: 658-2103
STATEMENT OF PURPOSE/FISCAL NOTE H 431