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S1213......................................................by STATE AFFAIRS IDAHO SECURITY MEDICAL PROGRAM - Amends existing law relating to the Idaho Security Medical Program to revise provisions applicable to establishment of the program; to revise provisions relating to administrator's duties; to revise provisions relating to sources of residents; to reference admission or discharge of patients to the program; to revise provisions applicable to the return of a patient; to revise provisions applicable to transportation of patients; to revise provisions applicable to standards for treatment; to revise the short title; and to revise provisions applicable to review of involuntary treatment. 03/12 Senate intro - 1st rdg - to printing 03/13 Rpt prt - to Jud 03/15 Rpt out - rec d/p - to 2nd rdg 03/16 2nd rdg - to 3rd rdg 03/19 3rd rdg - PASSED - 32-0-3 AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett, Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, McGee, McKague, McKenzie, Pearce, Richardson, Schroeder, Siddoway, Stegner, Werk NAYS -- None Absent and excused -- Gannon, Malepeai, Stennett Floor Sponsor - Davis Title apvd - to House 03/19 House intro - 1st rdg - to Jud 03/22 Rpt out - rec d/p - to 2nd rdg 03/23 2nd rdg - to 3rd rdg 03/26 3rd rdg - PASSED - 68-0-2 AYES -- Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker NAYS -- None Absent and excused -- Anderson, Edmunson Floor Sponsor - LeFavour Title apvd - to Senate 03/26 To enrol 03/27 Rpt enrol - Pres signed - Sp signed 03/28 To Governor 04/02 Governor signed Session Law Chapter 336 Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE SENATE SENATE BILL NO. 1213 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE IDAHO SECURITY MEDICAL PROGRAM; AMENDING THE CHAPTER HEADING 3 FOR CHAPTER 13, TITLE 66, IDAHO CODE; AMENDING SECTION 66-1301, IDAHO 4 CODE, TO REVISE DESCRIPTIVE LANGUAGE AND TO REVISE PROVISIONS APPLICABLE 5 TO ESTABLISHMENT OF THE PROGRAM; AMENDING SECTION 66-1302, IDAHO CODE, TO 6 REFERENCE THE IDAHO SECURITY MEDICAL PROGRAM; AMENDING SECTION 66-1303, 7 IDAHO CODE, TO REVISE PROVISIONS RELATING TO ADMINISTRATOR'S DUTIES AND TO 8 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 66-1304, IDAHO CODE, TO 9 REVISE PROVISIONS RELATING TO SOURCES OF RESIDENTS AND TO MAKE TECHNICAL 10 CORRECTIONS; AMENDING SECTION 66-1305, IDAHO CODE, TO REVISE TERMINOLOGY 11 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 66-1306, IDAHO CODE, 12 TO REFERENCE ADMISSION OR DISCHARGE OF PATIENTS TO THE PROGRAM; AMENDING 13 SECTION 66-1307, IDAHO CODE, TO REVISE PROVISIONS APPLICABLE TO THE RETURN 14 OF A PATIENT; AMENDING SECTION 66-1308, IDAHO CODE, TO REVISE PROVISIONS 15 APPLICABLE TO TRANSPORTATION OF PATIENTS; AMENDING SECTION 66-1312, IDAHO 16 CODE, TO REVISE PROVISIONS RELATING TO STANDARDS FOR TREATMENT; AMENDING 17 SECTION 66-1313, IDAHO CODE, TO REVISE TERMINOLOGY AND TO REFERENCE ANY 18 FACILITY; AMENDING SECTION 66-1315, IDAHO CODE, TO REVISE THE SHORT TITLE; 19 AND AMENDING SECTION 66-1317, IDAHO CODE, TO REVISE PROVISIONS APPLICABLE 20 TO REVIEW OF INVOLUNTARY TREATMENT. 21 Be It Enacted by the Legislature of the State of Idaho: 22 SECTION 1. That the Heading for Chapter 13, Title 66, Idaho Code, be, and 23 the same is hereby amended to read as follows: 24 CHAPTER 13 25 IDAHO SECURITY MEDICALFACILITYPROGRAM 26 SECTION 2. That Section 66-1301, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 66-1301.INSTITUTIONPROGRAM ESTABLISHED. The state board of correction 29 shall establish, operate and maintainan institutiona program for persons 30 displaying evidence of mental illness or psychosocial disorders and requiring 31 diagnostic services and treatment in a maximum security setting, and for other 32 criminal commitments as determined by the board of correction or its designee. 33 Theinstitutionprogram shall be identifiably separate and apart from those 34 functions,and other programsand facilitiesmaintained by the board for the 35 ordinary prison population.but shall be located adjacent to the Idaho state36correctional facility, and shall be known as the Idaho security medical facil-37ity.38 SECTION 3. That Section 66-1302, Idaho Code, be, and the same is hereby 39 amended to read as follows: 2 1 66-1302. ADMINISTRATOR. An administrator of the Idaho security medical 2facilityprogram shall be appointed by the board of correction or its desig- 3 nee. The administrator shall be a reputable and qualified person experienced 4 in the administration of programs for the care and treatment of persons 5 afflicted with mental disorders and with such other qualifications as the 6 board deems necessary. 7 SECTION 4. That Section 66-1303, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 66-1303. ADMINISTRATOR'S DUTIES. The administrator shall: 10 (a1) Perform all duties required by law and by the board of correction 11 not inconsistent with this chapter. 12 (b2) Maintain cognizance of and secure the professional care and treat- 13 ment of each patient. 14 (c3) Maintain a complete record on the condition of each patient. 15 (d4) Retain custody of all patients in such manner as deemed necessary 16 and in the best interest of the patients subject to theregulationsrules of 17 the board of correction. 18 (e5) Advise and consult with the director of the department of correction 19 regarding the admissions and releases of patients to and from the program 20 within any facility. 21 (f6) To have care and custody over inmates assigned to thefacilitypro- 22 gram under the provisions of section 66-1301, Idaho Code. 23 SECTION 5. That Section 66-1304, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 66-1304. SOURCES OF RESIDENTS. (1) Patients admitted to thefacilitypro- 26 gram may originate from the following sources: 27 (a) Commitments by the courts as unfit to proceed pursuant to section 28 18-212, Idaho Code. 29 (b) Commitments by the courts of persons acquitted of a crime on the 30 grounds of mental illness or defect pursuant to section 18-214, Idaho 31 Code. 32 (c) Referrals by the courts for psychosocial diagnosis and recommenda- 33 tions as part of the pretrial or presentence procedure or determination of 34 mental competency to stand trial. 35 (d) Mentally ill adult prisoners from city, county and state correctional 36 institutions for diagnosis, evaluation or treatment. 37 (e) Commitments by the courts pursuant to section 66-329, Idaho Code. 38 (f) Criminal commitments of the Idaho department of correction requiring 39 some form of specialized program not otherwise available. 40 (2) Residents coming to thefacilityprogram in the circumstances of 41subparagraphssubsection (1)(a), (b) and (e) of this section must first be 42 found to be both dangerous and mentally ill, as defined in section 66-1305, 43 Idaho Code, in judicial proceedings conducted in accordance with section 44 66-329, Idaho Code. 45 SECTION 6. That Section 66-1305, Idaho Code, be, and the same is hereby 46 amended to read as follows: 47 66-1305. DANGEROUS AND MENTALLY ILL PERSONS DEFINED. For purposes of this 48 chapter persons found to be both dangerous and mentally ill shall mean persons 49 found by a court of competent jurisdiction pursuant to any lawful proceeding: 3 1 (a1) To be in such mental condition that they are in need of supervision, 2 evaluation, treatment and care; and 3 (b2) To present a substantial risk of physical harm to other persons as 4 manifested by evidence of homicidal or other violent behavior or evidence 5 that others are placed in reasonable fear of violent behavior and serious 6 physical harm to them; and 7 (c3) To be dangerous to such a degree that a maximum security treatment 8facilitysetting is required. 9 SECTION 7. That Section 66-1306, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 66-1306. FINAL DECISION. The final decision regarding the admission or 12 discharge of patients to the program shall rest with the director of the 13 department of correction, after consultation with the administrator. 14 SECTION 8. That Section 66-1307, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 66-1307. RETURN OF PATIENT. When a patient transferredto the facility17 under the program from any other correctional institution or admitted by order 18 of any court no longer requires special treatment in the maximum security set- 19 ting, the patient shall be returned to the source from which received. The 20 correctional institution or court that referred the patientfor hospitaliza-21tionto the program shall retain constructive jurisdiction over the patient. 22 SECTION 9. That Section 66-1308, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 66-1308. TRANSPORTATION OF PATIENTS. When a patient is admitted to the 25facilityprogram from a state institution or by order of any court, the 26 expenses and responsibility for transportation of such patients from and to 27 the facility where the patient will be admitted into the program shall be 28 borne by the original institution or the county of the court ordering such 29 admission. 30 SECTION 10. That Section 66-1312, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 66-1312. STANDARDS FOR TREATMENT. The department of correction and the 33 department of health and welfare shall jointly develop appropriate standards 34 for treatment of patients committedtounder thisfacilityprogram. It shall 35 be the responsibility of the administrator of thefacilityprogram to imple- 36 ment those standards. 37 SECTION 11. That Section 66-1313, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 66-1313. MECHANICAL RESTRAINTS. Mechanical restraints shall not be 40 applied to a patient unless it is determined that such is necessary for either 41 his safety or the safety of other persons at the facility. Every use of a 42 mechanical restraint and the reasons therefor shall be made a part of the 43 clinical record of the patient under the signature of the administrator of 44 thefacilityprogram, except that mechanical restraints may be used without 45 such recording during transportation of residents from or totheany facility. 4 1 SECTION 12. That Section 66-1315, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 66-1315. SHORT TITLE. This chapter may be referred to as and cited as the 4 "Idaho Security MedicalFacilityProgram Act." 5 SECTION 13. That Section 66-1317, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 66-1317. REVIEW OF INVOLUNTARY TREATMENT. The state board of correction 8 shall adopt procedures ensuring that treatment plans are developed for 9 patientsat the facilityin the program for whom thesentencingcourt has 10 authorized treatment, that the relative risks and benefits of specific modes 11 of treatment contained in such plans are explained, to the extent possible, to 12 each patient; that when treatment is given over the objection of a patient, 13 there is a review of the decision to provide treatment independent of the 14 treating professional and that a statement explaining the reasons for giving 15 treatment over objection of the patient shall be entered in the patient's 16 treatment record over the signature of thefacilityprogram administrator.
STATEMENT OF PURPOSE RS 17158 The purpose of this bill is to provide for an Idaho Security Medical Program, which the Department of Corrections would maintain. FISCAL NOTE There is no additional fiscal impact beyond the current budget proposed for the Department of Corrections. Contact Name: David Hensley, Governor's Office Phone: 334-2100 Senator Davis STATEMENT OF PURPOSE/FISCAL NOTE S 1213