Print Friendly SENATE BILL NO. 1213 – Idaho Security Medical Program
SENATE BILL NO. 1213
View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.
This sentence is marked with bold and underline to show added text.
This sentence is marked with strikethrough and italic, indicating
text to be removed.
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
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.
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
]]]] 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-
38 SECTION 3. That Section 66-1302, Idaho Code, be, and the same is hereby
39 amended to read as follows:
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
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:
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
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.
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
The purpose of this bill is to provide for an Idaho Security
Medical Program, which the Department of Corrections would
There is no additional fiscal impact beyond the current budget
proposed for the Department of Corrections.
Name: David Hensley, Governor's Office
STATEMENT OF PURPOSE/FISCAL NOTE S 1213