2006 Legislation
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HOUSE BILL NO. 431 – Probatn officer, peace officr, when

HOUSE BILL NO. 431

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact


                 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