2007 Legislation
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SENATE BILL NO. 1149 – Substance abuse/mental hlth treatmt

SENATE BILL NO. 1149

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Bill Status



S1149.................................................by HEALTH AND WELFARE
SUBSTANCE ABUSE/MENTAL HEALTH - TREATMENT - Adds to existing law relating
to substance abuse and mental health treatment to authorize the courts to
order defendants to undergo substance abuse assessments and mental health
examinations; to provide for plans of treatment for substance abuse; to set
forth guidelines for mental health examination reports; to provide for
plans of treatment for mental health; to require criminogenic assessments
and the delivery of such assessments to specified persons; to require that
certain assessments, reports and plans of treatment be sent to the
Department of Correction in certain circumstances; and to provide for
payment of assessment and treatment expenses.

02/12    Senate intro - 1st rdg - to printing
02/13    Rpt prt - to Jud
02/26    Rpt out - rec d/p - to 2nd rdg
02/27    2nd rdg - to 3rd rdg
03/01    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde,
      Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
      Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson,
      Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Coiner
    Floor Sponsor - Stegner
    Title apvd - to House
03/02    House intro - 1st rdg - to Health/Wel
03/15    Rpt out - rec d/p - to 2nd rdg
03/16    2nd rdg - to 3rd rdg
03/22    3rd rdg - PASSED - 64-0-6
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
      Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Henbest,
      Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour,
      Loertscher, Luker(Luker), Marriott, Mathews, McGeachin, Nielsen,
      Nonini, Pasley-Stuart, Patrick, Raybould, Ring, Ringo, Roberts,
      Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
      Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Trail, Vander
      Woude, Wills, Wood(27), Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- Edmunson, Harwood, Mortimer, Moyle, Pence,
      Thayn
    Floor Sponsor - Block
    Title apvd - to Senate
03/23    To enrol
03/26    Rpt enrol - Pres signed - Sp signed - To Governor
03/30    Governor signed
         Session Law Chapter 310
         Effective: 07/01/07

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1149
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SUBSTANCE ABUSE AND MENTAL HEALTH TREATMENT; AMENDING CHAPTER  25,
  3        TITLE  19,  IDAHO  CODE,  BY  THE ADDITION OF A NEW SECTION 19-2524, IDAHO
  4        CODE, TO AUTHORIZE COURTS TO ORDER DEFENDANTS TO UNDERGO  SUBSTANCE  ABUSE
  5        ASSESSMENTS AND MENTAL HEALTH EXAMINATIONS, TO PROVIDE FOR PLANS OF TREAT-
  6        MENT FOR SUBSTANCE ABUSE, TO SET FORTH GUIDELINES FOR MENTAL HEALTH EXAMI-
  7        NATION  REPORTS,  TO  PROVIDE FOR PLANS OF TREATMENT FOR MENTAL HEALTH, TO
  8        REQUIRE CRIMINOGENIC ASSESSMENTS AND THE DELIVERY OF SUCH  ASSESSMENTS  TO
  9        SPECIFIED  PERSONS, TO REQUIRE THAT CERTAIN ASSESSMENTS, REPORTS AND PLANS
 10        OF TREATMENT BE SENT TO THE DEPARTMENT OF CORRECTION  IN  CERTAIN  CIRCUM-
 11        STANCES AND TO PROVIDE PAYMENT OF ASSESSMENT AND TREATMENT EXPENSES.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION  1.  That  Chapter  25,  Title 19, Idaho Code, be, and the same is
 14    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 15    ignated as Section 19-2524, Idaho Code, and to read as follows:
                                                                        
 16        19-2524.  SUBSTANCE ABUSE AND MENTAL HEALTH TREATMENT. (1)  When a defend-
 17    ant  has  pled guilty to or been found guilty of a felony, or when a defendant
 18    who has been convicted of a felony has admitted to or been found to have  com-
 19    mitted  a  violation of a condition of probation, the court, prior to the sen-
 20    tencing hearing or the hearing on  revocation  of  probation,  may  order  the
 21    defendant to undergo a substance abuse assessment and/or a mental health exam-
 22    ination.
 23        (2)  If  a  substance  abuse  assessment  ordered pursuant to this section
 24    indicates that the defendant is a drug addict or alcoholic, as those terms are
 25    defined in section 39-302, Idaho Code, then the assessment  submitted  to  the
 26    court  shall  also include a plan of treatment. If the court concludes at sen-
 27    tencing that the defendant is a drug addict or alcoholic, as those  terms  are
 28    defined  in  section 39-302, Idaho Code, and if the court places the defendant
 29    on probation, the court may order the defendant, as a condition of  probation,
 30    to undergo treatment consistent with the plan of treatment, subject to modifi-
 31    cation of the plan of treatment by the court.
 32        (3)  (a) If  a  mental health examination is ordered pursuant to this sec-
 33        tion, the report of the mental health examination shall include  the  fol-
 34        lowing:
 35             (i)   A description of the nature of the examination;
 36             (ii)  A diagnosis, evaluation or prognosis of the mental condition of
 37             the defendant;
 38             (iii) An  analysis of the degree of the defendant's illness or defect
 39             and level of functional impairment;
 40             (iv)  A consideration of  whether  treatment  is  available  for  the
 41             defendant's mental condition;
 42             (v)   An  analysis of the relative risks and benefits of treatment or
 43             nontreatment;
                                                                        
                                       2
                                                                        
  1             (vi)  A consideration of the risk of danger which the  defendant  may
  2             create for the public if at large; and
  3             (vii) A  plan of treatment if the mental health examination indicates
  4             that:
  5                  1.  The defendant suffers from a severe and reliably diagnosable
  6                  mental illness or defect;
  7                  2.  Without treatment, the immediate prognosis is for major dis-
  8                  tress resulting in serious mental or physical  deterioration  of
  9                  the defendant;
 10                  3.  Treatment is available for such illness or defect; and
 11                  4.  The relative risks and benefits of treatment or nontreatment
 12                  are such that a reasonable person would consent to treatment.
 13        (b)  If  the  court, after receiving the mental health assessment and plan
 14        of treatment, determines  that  additional  information  is  necessary  to
 15        determine  whether the factors listed above in subsection (3)(a) are pres-
 16        ent, or to determine an appropriate plan of treatment, the court may order
 17        an evaluation and/or recommendations for treatment to be  furnished  by  a
 18        psychiatrist, licensed physician or licensed psychologist.
 19        (c)  If  the  court concludes at sentencing that all of the factors listed
 20        above in subsection (3)(a) are  present,  and  if  the  court  places  the
 21        defendant  on probation, then the court may order as a condition of proba-
 22        tion that the defendant undergo treatment  consistent  with  the  plan  of
 23        treatment, subject to modification of the plan of treatment by the court.
 24        (4)  Where  the  court  has ordered either a substance abuse assessment or
 25    mental health examination of the defendant pursuant to this section, the court
 26    shall also order a criminogenic risk assessment of the defendant  if  such  an
 27    assessment  is  not  provided  in  the presentence report. Any substance abuse
 28    assessment or report of mental health examination shall, in  addition  to  the
 29    criminogenic risk assessment, be delivered to the court, the defendant and the
 30    prosecuting  attorney  prior to the sentencing or the hearing on revocation of
 31    probation.
 32        (5)  If the defendant is sentenced to the custody of the board of  correc-
 33    tion,  then any substance abuse assessment, report of mental examination, plan
 34    of treatment or criminogenic risk assessment shall be sent to  the  department
 35    of correction along with the presentence report.
 36        (6)  The expenses of the assessments and examinations, including any eval-
 37    uation  or  recommendations  for  treatment ordered under subsection (3)(a) of
 38    this section, and any treatment ordered by the court pursuant to this  section
 39    shall  be  borne  by  the  department of health and welfare. The department of
 40    health and welfare shall be entitled to any payment received by the  defendant
 41    or  to  which  he may be entitled for the assessments, examinations and treat-
 42    ment, and to any payment from any public or private source  available  to  the
 43    department  of health and welfare because of the assessments, examinations and
 44    treatment provided to the defendant. The department of health and  welfare  is
 45    authorized to promulgate rules for a schedule of fees to be charged to defend-
 46    ants  for  the assessments, evaluations and treatments provided to the defend-
 47    ants based upon the costs of such services and the ability of  the  defendants
 48    to pay.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 16969C1

This legislation is a recommendation of the Interim Committee on Mental
Health and Substance Abuse that met during the past summer and fall of
2006.  This legislation adds a new section to the Judgment Chapter of
the Criminal Procedure Title of the Idaho Code that deals with substance
abuse and mental health treatment and allows judges some broadened
sentencing options. 
The legislation allows a judge to order a substance abuse assessment
and/or a mental health examination for certain convicted felons and
felony parole violators that appear before the court.  Based on the
results of an assessment or examination, and if the court places the
defendant on probation, a judge may order, as a condition of probation,
that the defendant undergo treatment consistent with a treatment plan
contained in the assessment or examination report.  A treatment plan
would be subject to modification by the court. 
                                 
                         FISCAL NOTE

While this legislation broadens the sentencing options for judges, it
does so within the existing court structure, and the implementation of
this legislation is not expected to have a fiscal impact on the general
fund.  It is possible that alternative sentencing options could
potentially save the state money by reducing the number of prisoners
sentenced to state correctional institutions. 
          

Contact Name: 
Senator Joe Stegner 
Phone: 208 332-1308
Representative Sharon Block 
Senator Joyce Broadsword 
Representative Margaret Henbest 
Senator Chuck Coiner
Representative Jo An Wood 
Senator Elliot Werk

STATEMENT OF PURPOSE/FISCAL NOTE                         S 1149