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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
]]]] 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
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