2008 Legislation
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HOUSE CONCURRENT RESOLUTION NO. 58<br /> – Mental health secure treatment

HOUSE CONCURRENT RESOLUTION NO. 58

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Bill Status



HCR058....................................................by APPROPRIATIONS
MENTAL HEALTH TREATMENT - Stating findings of the Legislature and providing
approval for the Board of Correction to enter into agreements with the
Idaho State Building Authority to finance and develop a secure mental
health treatment facility.

03/12    House intro - 1st rdg - to printing
03/13    Rpt prt - to 2nd rdg
03/14    2nd rdg - to 3rd rdg
03/18    3rd rdg - ADOPTED - 66-4-0
      AYES -- Anderson, Andrus, Bayer, Bedke, Bell, Bilbao, Black, Block,
      Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
      Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
      Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
      Lake, LeFavour, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
      Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ringo, Roberts,
      Ruchti, Rusche, Sayler, Schaefer, Shepherd(02), Shirley, Shively,
      Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Thomas, Trail,
      Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
      NAYS -- Barrett, Loertscher, Nielsen, Shepherd(08)
      Absent and excused -- None
    Floor Sponsor - Henbest
    Title apvd - To Senate
03/19    Senate intro - 1st rdg - to Fin
    Rpt out - rec d/p - to 10th Ord
03/20    10th Ord - ADOPTED - 35-0-0
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
      Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Keough
    Title apvd - to House
03/21    To enrol - Rpt enrol - Sp signed
03/24    Pres signed
03/25    To Secretary of State

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                  Second Regular Session - 2008

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                             HOUSE CONCURRENT RESOLUTION NO. 58

                                BY APPROPRIATIONS COMMITTEE

  1                               A CONCURRENT RESOLUTION
  2    STATING FINDINGS OF THE LEGISLATURE AND PROVIDING APPROVAL FOR  THE  BOARD  OF
  3        CORRECTION  TO ENTER INTO AGREEMENTS WITH THE IDAHO STATE BUILDING AUTHOR-
  4        ITY TO FINANCE AND DEVELOP A SECURE MENTAL HEALTH TREATMENT FACILITY.

  5    Be It Resolved by the Legislature of the State of Idaho:

  6        WHEREAS, it is the responsibility of the  State  Board  of  Correction  to
  7    establish, operate and maintain the Idaho Security Medical Program for persons
  8    displaying evidence of mental illness or psychological disorders and requiring
  9    diagnostic  services and treatment in a maximum security setting in accordance
 10    with Section 66-1301, Idaho Code; and
 11        WHEREAS, in 2007 the Legislative Interim Committee on  Mental  Health  and
 12    Substance Abuse Treatment endorsed to the members of the First Regular Session
 13    of the Fifty-ninth Idaho Legislature the proposal by the Department of Correc-
 14    tion  to build a 300-bed secure mental health facility in Idaho to support the
 15    purposes of Chapter 13, Title 66, Idaho Code; and
 16        WHEREAS, under current law, standards for appropriate mental health treat-
 17    ment in the Idaho Security Medical Program shall be jointly developed  by  the
 18    Department  of  Correction  and the Department of Health and Welfare in accor-
 19    dance with Section 66-1312, Idaho Code; and
 20        WHEREAS, under current law the Department of Correction is  authorized  to
 21    receive  and admit patients of any institution or facility under the jurisdic-
 22    tion of the Department of Health and Welfare to  the  Idaho  Security  Medical
 23    Program  if they have been determined by a court to be both dangerous and men-
 24    tally ill as defined in Section 66-1305, Idaho Code; and
 25        WHEREAS, patients admitted to the Idaho Security Medical Program may orig-
 26    inate from civil commitments by the courts as unfit  to  proceed  pursuant  to
 27    Section 18-212, Idaho Code; referrals by the courts for psychosocial diagnosis
 28    and recommendations as part of the pretrial or presentence procedure of deter-
 29    mination  of  mental  competency  to stand trial; mentally ill adult prisoners
 30    from city, county and state correctional institutions for  diagnosis,  evalua-
 31    tion or treatment; civil commitments by the courts pursuant to Section 66-329,
 32    Idaho  Code;  and  criminal  commitments of the Idaho Department of Correction
 33    requiring some form of specialized program not otherwise available; and
 34        WHEREAS, residents coming to the Idaho Security  Medical  Program  on  the
 35    basis  of a civil commitment must first be found to be both dangerous and men-
 36    tally ill, as defined in Section 66-1305, Idaho Code, in judicial  proceedings
 37    conducted in accordance with Section 66-329, Idaho Code; and
 38        WHEREAS,  the  Department  of  Correction and the Department of Health and
 39    Welfare have demonstrated the need for a secure mental health treatment facil-
 40    ity for prisoners and for commitments to the Department of Health and Welfare;
 41    and
 42        WHEREAS, the Legislature has found that it is in the public  interest  and
 43    to  the economic benefit of the state of Idaho to provide for adequate govern-
 44    mental facilities through the Idaho State Building Authority, pursuant to Sec-

                                       2

  1    tion 67-6404, Idaho Code; and
  2        WHEREAS, it is in the best interest of the state for  the  State  Building
  3    Authority  to finance and provide a facility to house the Idaho Security Medi-
  4    cal Program under the jurisdiction of the State Board of Correction.
  5        NOW, THEREFORE, BE IT RESOLVED by the members of the Second  Regular  Ses-
  6    sion  of  the  Fifty-ninth Idaho Legislature, the House of Representatives and
  7    the Senate concurring therein, that the Legislature hereby authorizes and pro-
  8    vides approval for the State Board of Correction to enter into such agreements
  9    with the Idaho State Building Authority, under such terms  and  conditions  as
 10    may  be reasonable and necessary, to provide for the financing and development
 11    of a secure mental health treatment facility on state-owned land.
 12        BE IT FURTHER RESOLVED that this resolution constitutes  authorization  to
 13    enter  into  agreements  required  by the provisions of Section 67-6410, Idaho
 14    Code.
 15        BE IT FURTHER RESOLVED that the Legislature supports that the secure  men-
 16    tal  health  facility  operate at the highest level of efficiency possible. To
 17    that end, and in an effort to  provide  for  accountability,  the  Legislature
 18    intends that the Board of Correction require operations staff to document val-
 19    idated  patient  treatment  methods,  provide for and implement such treatment
 20    methods, measure outcomes of such treatment methods, and report the results of
 21    such outcomes of the methods used to the Legislature on an annual basis.

Statement of Purpose / Fiscal Impact


Statement of Purpose
RS18094

This resolution provides authorization for the Board of Correction to enter into agreements with the Idaho State Building Authority to finance and build a secure mental health treatment facility on state-owned land as provided for in Section 67-6410, Idaho Code. This stand alone facility meets the intent of Chapter 13, Title 66 that directs the Board of Correction to establish, operate, and maintain a program for persons displaying evidence of mental illness or psychosocial disorders and requiring diagnostic services and treatment in a maximum security setting, and for other criminal commitments as determined by the Board of Correction or its designee.

During the 2007 legislative session the Interim Committee on Mental Health and Substance Abuse endorsed a proposal by the Department of Correction to build a 300-bed treatment facility. An appropriation of $3 million was provided in fiscal year 2008 in the Building Fund Advisory Council (Permanent Building Fund) to begin the planning process for a secure mental health facility. This facility has been designed jointly by the Department of Correction and the Department of Health and Welfare. Funding in the amount of $70 million was included in the Governor’s recommendation for the Building Fund Advisory Council in the Department of Administration.

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Fiscal Note

This resolution authorizes the Board of Correction to enter into an agreement with the Idaho Building Authority to finance and build a facility that is projected to cost $70 million for construction. Funds remaining in the original fiscal year 2008 appropriation to the Building Fund Advisory Council for planning are committed for this project for site identification, site purchase, and site development. Future bond payments are estimated to begin in three years and will be paid for out of the General Fund.

Contact: Cathy Holland-Smith 334-4731

Legislative Services Office, Budget & Policy Analysis

Statement of Purpose/Fiscal Note Bill No. HCR58