2007 Legislation
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SENATE BILL NO. 1213 – Idaho Security Medical Program

SENATE BILL NO. 1213

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN 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 MEDICAL FACILITY PROGRAM
                                                                        
 26        SECTION  2.  That  Section 66-1301, Idaho Code, be, and the same is hereby
 27    amended to read as follows:
                                                                        
 28        66-1301.  INSTITUTION PROGRAM ESTABLISHED. The state board  of  correction
 29    shall  establish,  operate  and  maintain an institution a 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    The  institution  program  shall be identifiably separate and apart from those
 34    functions, and other programs and facilities maintained by the board  for  the
 35    ordinary  prison  population. but shall be located adjacent to the Idaho state
 36    correctional facility, and shall be known as the Idaho security medical facil-
 37    ity.
                                                                        
 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
  2    facility program 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 the regulations  rules  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 the facility  pro-
 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 the facility pro-
 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  the  facility  program in the circumstances of
 41    subparagraphs subsection (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
  8    facility setting 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 transferred  to  the  facility
 17    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 patient  for  hospitaliza-
 21    tion to 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
 25    facility  program  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 committed to under this facility program.  It  shall
 35    be  the  responsibility of the administrator of the facility program 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    the  facility  program,  except that mechanical restraints may be used without
 45    such recording during transportation of residents from or to the any 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 Medical Facility Program 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    patients at the facility in the program for  whom  the  sentencing  court  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 the facility program administrator.

Statement of Purpose / Fiscal Impact



                       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