View Bill Status
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
S1426aaH..............................................by HEALTH AND WELFARE
MENTAL ILLNESS - HOSPITALIZATION - Amends and repeals existing law
relating to the hospitalization of the mentally ill to revise definitions;
to provide that proceedings for the care of mentally ill persons shall be
had in the county where such person resides or in the county where such
person is found; to revise provisions for venue; to provide for
consideration of reasonable alternatives to commitment; to provide for
observation, care and treatment; to provide for outpatient treatment; to
provide for transport of a committed patient from outpatient treatment to
the least restrictive available facility on an inpatient basis; to provide
notice of such transfer; to provide for judicial review; to provide for
show cause order and determination; and to limit application.
02/11 Senate intro - 1st rdg - to printing
02/12 Rpt prt - to Health/Wel
02/15 Rpt out - rec d/p - to 2nd rdg
02/18 2nd rdg - to 3rd rdg
02/21 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Cameron,
Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde,
Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Little, Lodge,
Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Burkett, Langhorst
Floor Sponsor - Stegner
Title apvd - to House
02/22 House intro - 1st rdg - to Health/Wel
03/11 Rpt out - to Gen Ord
Rpt out amen - to 1st rdg as amen
03/12 1st rdg - to 2nd rdg as amen
03/13 2nd rdg - to 3rd rdg as amen
03/19 3rd rdg as amen - PASSED - 68-0-2
AYES -- Anderson, Andrus, Barrett, 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,
LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
Shepherd(08), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
Stevenson, Thayn, Thomas, Vander Woude, Wills, Wood(27), Wood(35),
Mr. Speaker
NAYS -- None
Absent and excused -- Lake, Trail
Floor Sponsor - Block
Title apvd - to Senate
03/19 Senate concurred in House amens - to engros
03/20 Rpt engros - 1st rdg - to 2nd rdg as amen
03/24 2nd rdg - to 3rd rdg as amen
03/25 3rd rdg as amen - PASSED - 35-0-0
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon(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 - Stegner
Title apvd - to enrol - Rpt enrol - Pres signed
03/26 Sp signed - to Governor
04/01 Governor signed
Session Law Chapter 331
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1426 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO THE HOSPITALIZATION OF THE MENTALLY ILL; AMENDING SECTION 66-317, 3 IDAHO CODE, TO REVISE DEFINITIONS; AMENDING SECTION 66-328, IDAHO CODE, TO 4 PROVIDE THAT PROCEEDINGS FOR THE CARE OF MENTALLY ILL PERSONS SHALL BE HAD 5 IN THE COUNTY WHERE SUCH PERSON RESIDES OR IN THE COUNTY WHERE SUCH PERSON 6 IS FOUND; AMENDING SECTION 66-329, IDAHO CODE, TO MAKE TECHNICAL CORREC- 7 TIONS, TO REVISE PROVISIONS RELATING TO VENUE, TO PROVIDE FOR CONSIDER- 8 ATION OF REASONABLE ALTERNATIVES TO COMMITMENT, TO PROVIDE FOR OBSERVA- 9 TION, CARE AND TREATMENT, TO PROVIDE FOR OUTPATIENT TREATMENT, TO PROVIDE 10 FOR TRANSPORT OF A COMMITTED PATIENT, TO PROVIDE FOR THE TRANSFER OF THE 11 COMMITTED PATIENT FROM OUTPATIENT TREATMENT TO THE LEAST RESTRICTIVE 12 AVAILABLE FACILITY ON AN INPATIENT BASIS, TO PROVIDE NOTICE OF SUCH TRANS- 13 FER, TO PROVIDE FOR JUDICIAL REVIEW AND DETERMINATION, TO PROVIDE FOR SHOW 14 CAUSE ORDER AND TO LIMIT APPLICATION; AND REPEALING SECTION 66-338, IDAHO 15 CODE, RELATING TO CONDITIONAL RELEASE, SECTION 66-339, IDAHO CODE, RELAT- 16 ING TO REHOSPITALIZATION OF PATIENTS CONDITIONALLY RELEASED FROM INPATIENT 17 TREATMENT FACILITIES, SECTION 66-339A, IDAHO CODE, RELATING TO OUTPATIENT 18 COMMITMENT, SECTION 66-339B, IDAHO CODE, RELATING TO OUTPATIENT COMMITMENT 19 HEARING, SECTION 66-339C, IDAHO CODE, RELATING TO NONCOMPLIANCE WITH COURT 20 ORDER, AND SECTION 66-342, IDAHO CODE, RELATING TO CHANGE IN DISPOSITION. 21 Be It Enacted by the Legislature of the State of Idaho: 22 SECTION 1. That Section 66-317, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 66-317. DEFINITIONS. As used in this chapter, terms shall have the fol- 25 lowing meanings: 26 (1) "Department director" means the director of the state department of 27 health and welfare. 28 (2) "Voluntary patient" means an individual admitted to a facility for 29 evaluation pursuant to section 18-211 or 20-520, Idaho Code, or admitted to a 30 facility for observation, diagnosis, evaluation, care or treatment pursuant to 31 section 66-318, Idaho Code. 32 (3) "Involuntary patient" means an individual committed pursuant to sec- 33 tion 18-212, 66-329 or 66-1201, Idaho Code, or committed pursuant to section 34 16-1619 or 20-520, Idaho Code, and admitted to a facility for the treatment of 35 minors. 36 (4) "Licensed physician" means an individual licensed under the laws of 37 this state to practice medicine or a medical officer of the government of the 38 United States while in this state in the performance of his official duties. 39 (5) "Designated examiner" means a psychiatrist, psychologist, psychiatric 40 nurse, or social worker and such other mental health professionals as may be 41 designated in accordance with rules promulgated pursuant to the provisions of 42 chapter 52, title 67, Idaho Code, by the department of health and welfare. Any 43 person designated by the department director will be specially qualified by 2 1 training and experience in the diagnosis and treatment of mental or mentally 2 related illnesses or conditions. 3 (6) "Dispositioner" means a designated examiner employed by or under con- 4 tract with the department of health and welfare and designated by the depart- 5 ment director to determine the appropriate location for care and treatment of 6 involuntary patients. 7 (7) "Facility" means any public or private hospital, sanatorium, institu- 8 tion, mental health center or other organization designated in accordance with 9 rules adopted by the board of health and welfare as equipped to initially 10 hold, evaluate, rehabilitate or to provide care or treatment, or both, for the 11 mentally ill. 12 (8) "Lacks capacity to make informed decisions about treatment" means the 13 inability, by reason of mental illness, to achieve a rudimentary understanding 14 after conscientious efforts at explanation of the purpose, nature, and possi- 15 ble significant risks and benefits of treatment. 16 (9) "Inpatient treatment facility" means a facility in which an individ- 17 ual receives medical and mental treatment for not less than a continuous 18 twenty-four (24) hour period. 19 (10) "Supervised residential facility" means a facility, other than the 20 individual's home, in which the individual lives and in which there lives, or 21 are otherwise on duty during the times that the individual's presence is 22 expected, persons who are employed to supervise, direct, treat or monitor the 23 individual. 24 (11) "Likely to injure himself or others" means either: 25 (a) A substantial risk that physical harm will be inflicted by the pro- 26 posed patient upon his own person, as evidenced by threats or attempts to 27 commit suicide or inflict physical harm on himself; or 28 (b) A substantial risk that physical harm will be inflicted by the pro- 29 posed patient upon another as evidenced by behavior which has caused such 30 harm or which places another person or persons in reasonable fear of sus- 31 taining such harm; or 32 (c) A substantial risk that, the proposed patient is so impaired that he 33 lacks insight into his need for treatment and is unable or unwilling to 34 comply with treatment and that unless treated he will continue to physi- 35 cally, emotionally or mentally deteriorate to the point that the person 36 will, in the reasonably near future, become a person described under 37 either or both subsections (11)(a) or (11)(b) of this section. 38 (12) "Mentally ill" means a person, who as a result of a substantial dis- 39 order of thought, mood, perception, orientation, or memory, which grossly 40 impairs judgment, behavior, capacity to recognize and adapt to reality, 41 requires care and treatment at a facility or through outpatient treatment. 42 (13) "Gravely disabled" means a person who, as the result of mental ill- 43 ness, is: 44 (a) Iin danger of serious physical harm due to the person's inability to 45 provide for any of his own basic personal needs,forsuch as nourishment, 46 or essential clothing, medical care,orshelter or safety; or 47 (b) So impaired that he is unable or unwilling to comply with treatment 48 and is unable to understand his need for treatment, to the point that, if 49 left untreated, it will result in further deterioration of the proposed 50 patient's physical, mental or emotional condition to the extent that he 51 will, in the reasonably near future, become a person described in subsec- 52 tion (13)(a) of this section. 53 (14) "Outpatientcommitmenttreatment" meansa court order directing a54person to comply with specifiedmental health treatment,requirements,not 55 involving the continuous supervision of a person in an inpatient setting, that 3 1areis reasonably designed to alleviate or to reduce a person's mental illness 2or disability,or to maintain or prevent deterioration of the person's physi- 3 cal, mental or emotional functioning.The specified requirementsMental health 4 services or treatment may include, but need not be limited to, taking pre- 5 scribed medication, reporting to a facility to permit monitoring of the 6 person's condition, or participating in individual or group therapy.or in7educational or vocational programs. Outpatient commitment may be up to one (1)8year.9 (15) "Protection and advocacy system" means the agency designated by the 10 governor as the state protection and advocacy system pursuant to 42 U.S.C. 11 section 15043 and 42 U.S.C. sections 10801 et seq. 12 (16) "Holding proceedings in abeyance" means an alternative to judicial 13 commitment based upon an agreement entered into by all parties, including the 14 proposed patient, and agreed to by the court, providing for voluntary condi- 15 tions of treatment, which holds in a state of suspension or inactivity the 16 petition for involuntary commitment. 17 SECTION 2. That Section 66-328, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 66-328. JURISDICTION OF PROCEEDINGS FOR COMMITMENT. Proceedings for the 20 care of mentally ill persons shall be had in the district court of the county 21 where the person to be treated resides; except that such proceedings may be22hador in the district court of any other county of this state where such per- 23 son is found.upon the payment to such nonresident county by such residence24county of such additional filing and hearing costs, and such reasonable medi-25cal and attorney fees or other fees as may be fixed by law or by the court26where the proceedings are proposed to be had.27 SECTION 3. That Section 66-329, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 66-329. COMMITMENT TO DEPARTMENT DIRECTOR UPON COURT ORDER -- JUDICIAL 30 PROCEDURE. (a1) Proceedings for the involuntary care and treatment of mentally 31 ill persons by the department of health and welfare may be commenced by the 32 filing of a written application with a court of competent jurisdiction by a 33 friend, relative, spouse or guardian of the proposed patient, or by a licensed 34 physician, prosecuting attorney, or other public official of a municipality, 35 county or of the state of Idaho, or the director of any facility in which such 36 patient may be. 37 (b2) The application shall state the name and last known address of the 38 proposed patient; the name and address of either the spouse, guardian, next of 39 kin or friend of the proposed patient; whether the proposed patient can be 40 cared for privately in the event commitment is not ordered; if the proposed 41 patient is, at the time of the application, a voluntary patient; whether the 42 proposed patient has applied for release pursuant to section 66-320, Idaho 43 Code; and a simple and precise statement of the facts showing that the pro- 44 posed patient is mentally ill and either likely to injure himself or others or 45 is gravely disabled due to mental illness. 46 (c3) Any such application shall be accompanied by a certificate of a des- 47 ignated examiner stating that he has personally examined the proposed patient 48 within the last fourteen (14) days and is of the opinion that the proposed 49 patient is: (i) mentally ill; (ii) likely to injure himself or others or is 50 gravely disabled due to mental illness; and (iii) lacks capacity to make 51 informed decisions about treatment, or a written statement by the applicant 4 1 that the proposed patient has refused to submit to examination by a designated 2 examiner. 3 (d4) Upon receipt of an application for commitment, the court shall, 4 within forty-eight (48) hours appoint another designated examiner to make a 5 personal examination of the proposed patient or if the proposed patient has 6 not been examined, the court shall appoint two (2) designated examiners to 7 make individual personal examinations of the proposed patient and may order 8 the proposed patient to submit to an immediate examination. If neither desig- 9 nated examiner is a physician, the court shall order a physical examination of 10 the proposed patient. At least one (1) designated examiner shall be a psychia- 11 trist, licensed physician or licensed psychologist. The designated examiners 12 shall report to the court their findings within the following seventy-two (72) 13 hours as to the mental condition of the proposed patient and his need for cus- 14 tody, care, or treatment by a facility. The reports shall be in the form of 15 written certificates which shall be filed with the court. The court may termi- 16 nate the proceedings and dismiss the application without taking any further 17 action in the event the reports of the designated examiners are to the effect 18 that the proposed patient is not mentally ill or, although mentally ill, is 19 not likely to injure himself or others or is not gravely disabled due to men- 20 tal illness. If the proceedings are terminated, the proposed patient shall be 21 released immediately. 22 (e5) If the designated examiner's certificate states a belief that the 23 proposed patient is mentally ill and either likely to injure himself or others 24 or is gravely disabled due to mental illness, the judge of such court shall 25 issue an order authorizing any health officer, peace officer, or director of a 26 facility to take the proposed patient to a facility in the community in which 27 the proposed patient is residing or to the nearest facility to await the hear- 28 ing and for good cause may authorize treatment during such period subject to 29 the provisions of section 66-346(a)(4), Idaho Code. Under no circumstances 30 shall the proposed patient be detained in a nonmedical unit used for the 31 detention of individuals charged with or convicted of penal offenses. 32 (f6) Upon receipt of such application and designated examiners' reports 33 the court shall appoint a time and place for hearing not more than seven (7) 34 days from the receipt of such designated examiners' reports and thereupon give 35 written notice of such time and place of such hearing together with a copy of 36 the application, designated examiner's certificates, and notice of the pro- 37 posed patient's right to be represented by an attorney, or if indigent, to be 38 represented by a court-appointed attorney, to the applicant, to the proposed 39 patient, to the proposed patient's spouse, guardian, next of kin or friend. 40 With the consent of the proposed patient and his attorney, the hearing may be 41 held immediately. Upon motion of the proposed patient and attorney and for 42 good cause shown, the court may continue the hearing up to an additional four- 43 teen (14) days during which time, for good cause shown, the court may author- 44 ize treatment. 45 (g7) An opportunity to be represented by counsel shall be afforded to 46 every proposed patient, and if neither the proposed patient nor others provide 47 counsel, the court shall appoint counsel in accordance with chapter 8, title 48 19, Idaho Code, no later than the time the application is received by the 49 court. 50 (h8) If the involuntary detention was commenced under this section, tThe 51 hearing shall be held at a facility, at the home of the proposed patient, or 52 at any other suitable place not likely to have a harmful effect on the pro- 53 posed patient's physical or mental health. Venue for the hearing shall be in 54 the county of residence of the proposed patient, unless the patient waives the55right to have venue fixed thereor in the county where the proposed patient 5 1 was found immediately prior to commencement of such proceedings. 2 (i9) In all proceedings under this section, any existing provision of the 3 law prohibiting the disclosure of confidential communications between the des- 4 ignated examiner and proposed patient shall not apply and any designated exam- 5 iner who shall have examined the proposed patient shall be a competent witness 6 to testify as to the proposed patient's condition. 7 (j10) The proposed patient, the applicant, and any other persons to whom 8 notice is required to be given shall be afforded an opportunity to appear at 9 the hearing, to testify, and to present and cross-examine witnesses. The pro- 10 posed patient shall be required to be present at the hearing unless the court 11 determines that the mental or physical state of the proposed patient is such 12 that his presence at the hearing would be detrimental to the proposed 13 patient's health or would unduly disrupt the proceedings. A record of the pro- 14 ceedings shall be made as for other civil hearings. The hearing shall be con- 15 ducted in as informal a manner as may be consistent with orderly procedure. 16 The court shall receive all relevant and material evidence consistent with the 17 rules of evidence. 18 (k11) If, upon completion of the hearing and consideration of the record, 19 and after consideration of reasonable alternatives including, but not limited 20 to, holding the proceedings in abeyance for a period of up to thirty (30) 21 days, the court finds by clear and convincing evidence that the proposed 22 patient: 23 (1a) is mentally ill; and 24 (2b) is, because of such condition, likely to injure himself or others, 25 or is gravely disabled due to mental illness; 26 the court shall order the proposed patient committed to the custody of the 27 department director for observation, care and treatment for an indeterminate 28 period of time not to exceed one (1) year. The department director, through 29 his dispositioner, shall determine within twenty-four (24) hours the least 30 restrictive available facility or outpatient treatment, consistent with the 31 needs of each patient committed under this section for observation, care, and 32 treatment. 33 (12) The commitment order constitutes a continuing authorization for the 34 department of health and welfare, law enforcement, or director of a facility, 35 upon request of the director of the outpatient facility, the physician, or the 36 department director through his dispositioner, to transport a committed 37 patient to designated outpatient treatment for the purpose of making reason- 38 able efforts to obtain the committed patient's compliance with the terms and 39 conditions of outpatient treatment. If the director of the outpatient facil- 40 ity, the treating physician, or the department director through his 41 dispositioner determines any of the following: 42 (a) The patient is failing to adhere to the terms and conditions of out- 43 patient treatment or the patient refuses outpatient treatment after rea- 44 sonable efforts at compliance have been made; or 45 (b) Outpatient treatment is not effective after reasonable efforts have 46 been made; 47 the department director through his dispositioner shall cause the committed 48 patient to be transported by the department of health and welfare, law 49 enforcement, or director of a facility to the least restrictive available 50 facility for observation, care and treatment on an inpatient basis. Within 51 forty-eight (48) hours of a committed patient's transfer from outpatient 52 treatment to a facility for inpatient treatment, the department director 53 through his dispositioner shall notify the court that originally ordered the 54 commitment, the committed patient's attorney, and either the committed 55 patient's spouse, guardian, adult next of kin or friend of the change in dis- 6 1 position and provide a detailed affidavit reciting the facts and circumstances 2 supporting the transfer from outpatient treatment to inpatient treatment at a 3 facility. The court shall conduct an ex parte review of the notice and affida- 4 vit within forty-eight (48) hours of filing and determine whether the change 5 in disposition from outpatient treatment to inpatient treatment at a facility 6 is supported by probable cause. In no event shall the calculation of forty- 7 eight (48) hours provided for in this subsection include holidays formally 8 recognized and observed by the state of Idaho, nor shall the calculation 9 include weekends. If the court determines that probable cause exists, the 10 department director through his dispositioner shall continue with care and 11 treatment on an inpatient basis at the least restrictive available facility. 12 Within twenty-four (24) hours of a finding of probable cause, the court shall 13 issue a show cause order to the committed patient, the committed patient's 14 attorney and either the committed patient's spouse, guardian, adult next of 15 kin, or friend to submit to the court sufficient reasons not to find probable 16 cause. In no event shall the calculation of twenty-four (24) hours provided 17 for in this subsection include holidays formally recognized and observed by 18 the state of Idaho, nor shall the calculation include weekends. The court 19 shall rule upon such show cause order within fifteen (15) days of issuance. If 20 the court determines that a change in disposition from outpatient treatment to 21 inpatient treatment is not supported by probable cause, the department direc- 22 tor through his dispositioner will continue with outpatient treatment on the 23 same or modified terms and conditions. Nothing provided in this section shall 24 limit the authority of any law enforcement officer to detain a patient pursu- 25 ant to the emergency authority conferred by section 66-326, Idaho Code. 26 (l13) Nothing in this chapter or in any rule adopted pursuant thereto 27 shall be construed to authorize the detention or involuntary admission to a 28 hospital or other facility of an individual who: 29 (1a)hHas epilepsy, a developmental disability, a physical disability, 30 mental retardation, is impaired by chronic alcoholism or drug abuse, or 31 aged, unless in addition to such condition, such person is mentally ill; 32 (2b)iIs a patient under treatment by spiritual means alone, through 33 prayer, in accordance with the tenets and practices of a recognized church 34 or religious denomination by a duly accredited practitioner thereof and 35 who asserts to any authority attempting to detain him that he is under 36 such treatment and who gives the name of a practitioner so treating him to 37 such authority; or 38 (3c)cCan be properly cared for privately with the help of willing and 39 able family or friends, and provided, that such person may be detained or 40 involuntarily admitted if such person is mentally ill and presents a sub- 41 stantial risk of injury to himself or others if allowed to remain at lib- 42 erty. 43 (m14) The order of commitment shall state whether the proposed patient 44 lacks capacity to make informed decisions about treatment, the name and 45 address of the patient's attorney and either the patient's spouse, guardian, 46 adult next of kin, or friend. 47 (n15) If the patient has no spouse or guardian and if the patient has 48 property which may not be cared for pursuant to chapter 5, title 66, Idaho 49 Code, or by the patient while confined at a facility, the court shall appoint 50 a guardian ad litem for the purpose of preserving the patient's estate, pend- 51 ing further guardianship or conservatorship proceedings. 52 (o16) The commitment shall continue until the commitment is terminated 53 and shall be unaffected by the patient's conditional release or change in dis- 54 position. 7 1 SECTION 4. That Sections 66-338, 66-339, 66-339A, 66-339B, 66-339C and 2 66-342, Idaho Code, be, and the same are hereby repealed.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved by Henbest Seconded by Rusche IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO S.B. NO. 1426 1 AMENDMENTS TO SECTION 1 2 On page 2 of the printed bill, delete lines 32 through 37 and insert: 3 "(c) The proposed patient lacks insight into his need for treatment and 4 is unable or unwilling to comply with treatment and, based on his psychi- 5 atric history, clinical observation or other clinical evidence, if he does 6 not receive and comply with treatment, there is a substantial risk he will 7 continue to physically, emotionally or mentally deteriorate to the point 8 that the person will, in the reasonably near future, inflict physical harm 9 on himself or another person."; 10 and delete lines 47 through 52 and insert: 11 "(b) Lacking insight into his need for treatment and is unable or unwill- 12 ing to comply with treatment and, based on his psychiatric history, clini- 13 cal observation or other clinical evidence, if he does not receive and 14 comply with treatment, there is a substantial risk he will continue to 15 physically, emotionally or mentally deteriorate to the point that the per- 16 son will, in the reasonably near future, be in danger of serious physical 17 harm due to the person's inability to provide for any of his own basic 18 personal needs such as nourishment, essential clothing, medical care, 19 shelter or safety.". 20 AMENDMENTS TO SECTION 3 21 On page 6, delete lines 12 through 15, and in line 16, delete "cause" and 22 insert: "Within twenty-four (24) hours of a finding of probable cause, the 23 court shall issue an order to show cause why the patient does not meet the 24 conditions in subsection (12)(a) or (12)(b) of this section. The order shall 25 be served on the committed patient, the committed patient's attorney and 26 either the committed patient's spouse, guardian, adult next of kin or friend. 27 The patient shall have fifteen (15) days to present evidence that the condi- 28 tions in subsection (12)(a) or (12)(b) of this section have not been met"; in 29 lines 18 and 19, delete "The court shall rule upon such show cause order 30 within fifteen (15) days of issuance."; and in line 21, delete "is not sup- 31 ported by probable cause" and insert: "does not meet the conditions in subsec- 32 tion (12)(a) or (12)(b) of this section".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1426, As Amended in the House BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO THE HOSPITALIZATION OF THE MENTALLY ILL; AMENDING SECTION 66-317, 3 IDAHO CODE, TO REVISE DEFINITIONS; AMENDING SECTION 66-328, IDAHO CODE, TO 4 PROVIDE THAT PROCEEDINGS FOR THE CARE OF MENTALLY ILL PERSONS SHALL BE HAD 5 IN THE COUNTY WHERE SUCH PERSON RESIDES OR IN THE COUNTY WHERE SUCH PERSON 6 IS FOUND; AMENDING SECTION 66-329, IDAHO CODE, TO MAKE TECHNICAL CORREC- 7 TIONS, TO REVISE PROVISIONS RELATING TO VENUE, TO PROVIDE FOR CONSIDER- 8 ATION OF REASONABLE ALTERNATIVES TO COMMITMENT, TO PROVIDE FOR OBSERVA- 9 TION, CARE AND TREATMENT, TO PROVIDE FOR OUTPATIENT TREATMENT, TO PROVIDE 10 FOR TRANSPORT OF A COMMITTED PATIENT, TO PROVIDE FOR THE TRANSFER OF THE 11 COMMITTED PATIENT FROM OUTPATIENT TREATMENT TO THE LEAST RESTRICTIVE 12 AVAILABLE FACILITY ON AN INPATIENT BASIS, TO PROVIDE NOTICE OF SUCH TRANS- 13 FER, TO PROVIDE FOR JUDICIAL REVIEW AND DETERMINATION, TO PROVIDE FOR SHOW 14 CAUSE ORDER AND TO LIMIT APPLICATION; AND REPEALING SECTION 66-338, IDAHO 15 CODE, RELATING TO CONDITIONAL RELEASE, SECTION 66-339, IDAHO CODE, RELAT- 16 ING TO REHOSPITALIZATION OF PATIENTS CONDITIONALLY RELEASED FROM INPATIENT 17 TREATMENT FACILITIES, SECTION 66-339A, IDAHO CODE, RELATING TO OUTPATIENT 18 COMMITMENT, SECTION 66-339B, IDAHO CODE, RELATING TO OUTPATIENT COMMITMENT 19 HEARING, SECTION 66-339C, IDAHO CODE, RELATING TO NONCOMPLIANCE WITH COURT 20 ORDER, AND SECTION 66-342, IDAHO CODE, RELATING TO CHANGE IN DISPOSITION. 21 Be It Enacted by the Legislature of the State of Idaho: 22 SECTION 1. That Section 66-317, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 66-317. DEFINITIONS. As used in this chapter, terms shall have the fol- 25 lowing meanings: 26 (1) "Department director" means the director of the state department of 27 health and welfare. 28 (2) "Voluntary patient" means an individual admitted to a facility for 29 evaluation pursuant to section 18-211 or 20-520, Idaho Code, or admitted to a 30 facility for observation, diagnosis, evaluation, care or treatment pursuant to 31 section 66-318, Idaho Code. 32 (3) "Involuntary patient" means an individual committed pursuant to sec- 33 tion 18-212, 66-329 or 66-1201, Idaho Code, or committed pursuant to section 34 16-1619 or 20-520, Idaho Code, and admitted to a facility for the treatment of 35 minors. 36 (4) "Licensed physician" means an individual licensed under the laws of 37 this state to practice medicine or a medical officer of the government of the 38 United States while in this state in the performance of his official duties. 39 (5) "Designated examiner" means a psychiatrist, psychologist, psychiatric 40 nurse, or social worker and such other mental health professionals as may be 41 designated in accordance with rules promulgated pursuant to the provisions of 42 chapter 52, title 67, Idaho Code, by the department of health and welfare. Any 43 person designated by the department director will be specially qualified by 2 1 training and experience in the diagnosis and treatment of mental or mentally 2 related illnesses or conditions. 3 (6) "Dispositioner" means a designated examiner employed by or under con- 4 tract with the department of health and welfare and designated by the depart- 5 ment director to determine the appropriate location for care and treatment of 6 involuntary patients. 7 (7) "Facility" means any public or private hospital, sanatorium, institu- 8 tion, mental health center or other organization designated in accordance with 9 rules adopted by the board of health and welfare as equipped to initially 10 hold, evaluate, rehabilitate or to provide care or treatment, or both, for the 11 mentally ill. 12 (8) "Lacks capacity to make informed decisions about treatment" means the 13 inability, by reason of mental illness, to achieve a rudimentary understanding 14 after conscientious efforts at explanation of the purpose, nature, and possi- 15 ble significant risks and benefits of treatment. 16 (9) "Inpatient treatment facility" means a facility in which an individ- 17 ual receives medical and mental treatment for not less than a continuous 18 twenty-four (24) hour period. 19 (10) "Supervised residential facility" means a facility, other than the 20 individual's home, in which the individual lives and in which there lives, or 21 are otherwise on duty during the times that the individual's presence is 22 expected, persons who are employed to supervise, direct, treat or monitor the 23 individual. 24 (11) "Likely to injure himself or others" means either: 25 (a) A substantial risk that physical harm will be inflicted by the pro- 26 posed patient upon his own person, as evidenced by threats or attempts to 27 commit suicide or inflict physical harm on himself; or 28 (b) A substantial risk that physical harm will be inflicted by the pro- 29 posed patient upon another as evidenced by behavior which has caused such 30 harm or which places another person or persons in reasonable fear of sus- 31 taining such harm; or 32 (c) The proposed patient lacks insight into his need for treatment and is 33 unable or unwilling to comply with treatment and, based on his psychiatric 34 history, clinical observation or other clinical evidence, if he does not 35 receive and comply with treatment, there is a substantial risk he will 36 continue to physically, emotionally or mentally deteriorate to the point 37 that the person will, in the reasonably near future, inflict physical harm 38 on himself or another person. 39 (12) "Mentally ill" means a person, who as a result of a substantial dis- 40 order of thought, mood, perception, orientation, or memory, which grossly 41 impairs judgment, behavior, capacity to recognize and adapt to reality, 42 requires care and treatment at a facility or through outpatient treatment. 43 (13) "Gravely disabled" means a person who, as the result of mental ill- 44 ness, is: 45 (a) Iin danger of serious physical harm due to the person's inability to 46 provide for any of his own basic personal needs,forsuch as nourishment, 47 or essential clothing, medical care,orshelter or safety; or 48 (b) Lacking insight into his need for treatment and is unable or unwill- 49 ing to comply with treatment and, based on his psychiatric history, clini- 50 cal observation or other clinical evidence, if he does not receive and 51 comply with treatment, there is a substantial risk he will continue to 52 physically, emotionally or mentally deteriorate to the point that the per- 53 son will, in the reasonably near future, be in danger of serious physical 54 harm due to the person's inability to provide for any of his own basic 55 personal needs such as nourishment, essential clothing, medical care, 3 1 shelter or safety. 2 (14) "Outpatientcommitmenttreatment" meansa court order directing a3person to comply with specifiedmental health treatment,requirements,not 4 involving the continuous supervision of a person in an inpatient setting, that 5areis reasonably designed to alleviate or to reduce a person's mental illness 6or disability,or to maintain or prevent deterioration of the person's physi- 7 cal, mental or emotional functioning.The specified requirementsMental health 8 services or treatment may include, but need not be limited to, taking pre- 9 scribed medication, reporting to a facility to permit monitoring of the 10 person's condition, or participating in individual or group therapy.or in11educational or vocational programs. Outpatient commitment may be up to one (1)12year.13 (15) "Protection and advocacy system" means the agency designated by the 14 governor as the state protection and advocacy system pursuant to 42 U.S.C. 15 section 15043 and 42 U.S.C. sections 10801 et seq. 16 (16) "Holding proceedings in abeyance" means an alternative to judicial 17 commitment based upon an agreement entered into by all parties, including the 18 proposed patient, and agreed to by the court, providing for voluntary condi- 19 tions of treatment, which holds in a state of suspension or inactivity the 20 petition for involuntary commitment. 21 SECTION 2. That Section 66-328, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 66-328. JURISDICTION OF PROCEEDINGS FOR COMMITMENT. Proceedings for the 24 care of mentally ill persons shall be had in the district court of the county 25 where the person to be treated resides; except that such proceedings may be26hador in the district court of any other county of this state where such per- 27 son is found.upon the payment to such nonresident county by such residence28county of such additional filing and hearing costs, and such reasonable medi-29cal and attorney fees or other fees as may be fixed by law or by the court30where the proceedings are proposed to be had.31 SECTION 3. That Section 66-329, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 66-329. COMMITMENT TO DEPARTMENT DIRECTOR UPON COURT ORDER -- JUDICIAL 34 PROCEDURE. (a1) Proceedings for the involuntary care and treatment of mentally 35 ill persons by the department of health and welfare may be commenced by the 36 filing of a written application with a court of competent jurisdiction by a 37 friend, relative, spouse or guardian of the proposed patient, or by a licensed 38 physician, prosecuting attorney, or other public official of a municipality, 39 county or of the state of Idaho, or the director of any facility in which such 40 patient may be. 41 (b2) The application shall state the name and last known address of the 42 proposed patient; the name and address of either the spouse, guardian, next of 43 kin or friend of the proposed patient; whether the proposed patient can be 44 cared for privately in the event commitment is not ordered; if the proposed 45 patient is, at the time of the application, a voluntary patient; whether the 46 proposed patient has applied for release pursuant to section 66-320, Idaho 47 Code; and a simple and precise statement of the facts showing that the pro- 48 posed patient is mentally ill and either likely to injure himself or others or 49 is gravely disabled due to mental illness. 50 (c3) Any such application shall be accompanied by a certificate of a des- 51 ignated examiner stating that he has personally examined the proposed patient 4 1 within the last fourteen (14) days and is of the opinion that the proposed 2 patient is: (i) mentally ill; (ii) likely to injure himself or others or is 3 gravely disabled due to mental illness; and (iii) lacks capacity to make 4 informed decisions about treatment, or a written statement by the applicant 5 that the proposed patient has refused to submit to examination by a designated 6 examiner. 7 (d4) Upon receipt of an application for commitment, the court shall, 8 within forty-eight (48) hours appoint another designated examiner to make a 9 personal examination of the proposed patient or if the proposed patient has 10 not been examined, the court shall appoint two (2) designated examiners to 11 make individual personal examinations of the proposed patient and may order 12 the proposed patient to submit to an immediate examination. If neither desig- 13 nated examiner is a physician, the court shall order a physical examination of 14 the proposed patient. At least one (1) designated examiner shall be a psychia- 15 trist, licensed physician or licensed psychologist. The designated examiners 16 shall report to the court their findings within the following seventy-two (72) 17 hours as to the mental condition of the proposed patient and his need for cus- 18 tody, care, or treatment by a facility. The reports shall be in the form of 19 written certificates which shall be filed with the court. The court may termi- 20 nate the proceedings and dismiss the application without taking any further 21 action in the event the reports of the designated examiners are to the effect 22 that the proposed patient is not mentally ill or, although mentally ill, is 23 not likely to injure himself or others or is not gravely disabled due to men- 24 tal illness. If the proceedings are terminated, the proposed patient shall be 25 released immediately. 26 (e5) If the designated examiner's certificate states a belief that the 27 proposed patient is mentally ill and either likely to injure himself or others 28 or is gravely disabled due to mental illness, the judge of such court shall 29 issue an order authorizing any health officer, peace officer, or director of a 30 facility to take the proposed patient to a facility in the community in which 31 the proposed patient is residing or to the nearest facility to await the hear- 32 ing and for good cause may authorize treatment during such period subject to 33 the provisions of section 66-346(a)(4), Idaho Code. Under no circumstances 34 shall the proposed patient be detained in a nonmedical unit used for the 35 detention of individuals charged with or convicted of penal offenses. 36 (f6) Upon receipt of such application and designated examiners' reports 37 the court shall appoint a time and place for hearing not more than seven (7) 38 days from the receipt of such designated examiners' reports and thereupon give 39 written notice of such time and place of such hearing together with a copy of 40 the application, designated examiner's certificates, and notice of the pro- 41 posed patient's right to be represented by an attorney, or if indigent, to be 42 represented by a court-appointed attorney, to the applicant, to the proposed 43 patient, to the proposed patient's spouse, guardian, next of kin or friend. 44 With the consent of the proposed patient and his attorney, the hearing may be 45 held immediately. Upon motion of the proposed patient and attorney and for 46 good cause shown, the court may continue the hearing up to an additional four- 47 teen (14) days during which time, for good cause shown, the court may author- 48 ize treatment. 49 (g7) An opportunity to be represented by counsel shall be afforded to 50 every proposed patient, and if neither the proposed patient nor others provide 51 counsel, the court shall appoint counsel in accordance with chapter 8, title 52 19, Idaho Code, no later than the time the application is received by the 53 court. 54 (h8) If the involuntary detention was commenced under this section, tThe 55 hearing shall be held at a facility, at the home of the proposed patient, or 5 1 at any other suitable place not likely to have a harmful effect on the pro- 2 posed patient's physical or mental health. Venue for the hearing shall be in 3 the county of residence of the proposed patient, unless the patient waives the4right to have venue fixed thereor in the county where the proposed patient 5 was found immediately prior to commencement of such proceedings. 6 (i9) In all proceedings under this section, any existing provision of the 7 law prohibiting the disclosure of confidential communications between the des- 8 ignated examiner and proposed patient shall not apply and any designated exam- 9 iner who shall have examined the proposed patient shall be a competent witness 10 to testify as to the proposed patient's condition. 11 (j10) The proposed patient, the applicant, and any other persons to whom 12 notice is required to be given shall be afforded an opportunity to appear at 13 the hearing, to testify, and to present and cross-examine witnesses. The pro- 14 posed patient shall be required to be present at the hearing unless the court 15 determines that the mental or physical state of the proposed patient is such 16 that his presence at the hearing would be detrimental to the proposed 17 patient's health or would unduly disrupt the proceedings. A record of the pro- 18 ceedings shall be made as for other civil hearings. The hearing shall be con- 19 ducted in as informal a manner as may be consistent with orderly procedure. 20 The court shall receive all relevant and material evidence consistent with the 21 rules of evidence. 22 (k11) If, upon completion of the hearing and consideration of the record, 23 and after consideration of reasonable alternatives including, but not limited 24 to, holding the proceedings in abeyance for a period of up to thirty (30) 25 days, the court finds by clear and convincing evidence that the proposed 26 patient: 27 (1a) is mentally ill; and 28 (2b) is, because of such condition, likely to injure himself or others, 29 or is gravely disabled due to mental illness; 30 the court shall order the proposed patient committed to the custody of the 31 department director for observation, care and treatment for an indeterminate 32 period of time not to exceed one (1) year. The department director, through 33 his dispositioner, shall determine within twenty-four (24) hours the least 34 restrictive available facility or outpatient treatment, consistent with the 35 needs of each patient committed under this section for observation, care, and 36 treatment. 37 (12) The commitment order constitutes a continuing authorization for the 38 department of health and welfare, law enforcement, or director of a facility, 39 upon request of the director of the outpatient facility, the physician, or the 40 department director through his dispositioner, to transport a committed 41 patient to designated outpatient treatment for the purpose of making reason- 42 able efforts to obtain the committed patient's compliance with the terms and 43 conditions of outpatient treatment. If the director of the outpatient facil- 44 ity, the treating physician, or the department director through his 45 dispositioner determines any of the following: 46 (a) The patient is failing to adhere to the terms and conditions of out- 47 patient treatment or the patient refuses outpatient treatment after rea- 48 sonable efforts at compliance have been made; or 49 (b) Outpatient treatment is not effective after reasonable efforts have 50 been made; 51 the department director through his dispositioner shall cause the committed 52 patient to be transported by the department of health and welfare, law 53 enforcement, or director of a facility to the least restrictive available 54 facility for observation, care and treatment on an inpatient basis. Within 55 forty-eight (48) hours of a committed patient's transfer from outpatient 6 1 treatment to a facility for inpatient treatment, the department director 2 through his dispositioner shall notify the court that originally ordered the 3 commitment, the committed patient's attorney, and either the committed 4 patient's spouse, guardian, adult next of kin or friend of the change in dis- 5 position and provide a detailed affidavit reciting the facts and circumstances 6 supporting the transfer from outpatient treatment to inpatient treatment at a 7 facility. The court shall conduct an ex parte review of the notice and affida- 8 vit within forty-eight (48) hours of filing and determine whether the change 9 in disposition from outpatient treatment to inpatient treatment at a facility 10 is supported by probable cause. In no event shall the calculation of forty- 11 eight (48) hours provided for in this subsection include holidays formally 12 recognized and observed by the state of Idaho, nor shall the calculation 13 include weekends. If the court determines that probable cause exists, the 14 department director through his dispositioner shall continue with care and 15 treatment on an inpatient basis at the least restrictive available facility. 16 Within twenty-four (24) hours of a finding of probable cause, the court shall 17 issue an order to show cause why the patient does not meet the conditions in 18 subsection (12)(a) or (12)(b) of this section. The order shall be served on 19 the committed patient, the committed patient's attorney and either the commit- 20 ted patient's spouse, guardian, adult next of kin or friend. The patient shall 21 have fifteen (15) days to present evidence that the conditions in subsection 22 (12)(a) or (12)(b) of this section have not been met. In no event shall the 23 calculation of twenty-four (24) hours provided for in this subsection include 24 holidays formally recognized and observed by the state of Idaho, nor shall the 25 calculation include weekends. If the court determines that a change in dispo- 26 sition from outpatient treatment to inpatient treatment does not meet the con- 27 ditions in subsection (12)(a) or (12)(b) of this section, the department 28 director through his dispositioner will continue with outpatient treatment on 29 the same or modified terms and conditions. Nothing provided in this section 30 shall limit the authority of any law enforcement officer to detain a patient 31 pursuant to the emergency authority conferred by section 66-326, Idaho Code. 32 (l13) Nothing in this chapter or in any rule adopted pursuant thereto 33 shall be construed to authorize the detention or involuntary admission to a 34 hospital or other facility of an individual who: 35 (1a)hHas epilepsy, a developmental disability, a physical disability, 36 mental retardation, is impaired by chronic alcoholism or drug abuse, or 37 aged, unless in addition to such condition, such person is mentally ill; 38 (2b)iIs a patient under treatment by spiritual means alone, through 39 prayer, in accordance with the tenets and practices of a recognized church 40 or religious denomination by a duly accredited practitioner thereof and 41 who asserts to any authority attempting to detain him that he is under 42 such treatment and who gives the name of a practitioner so treating him to 43 such authority; or 44 (3c)cCan be properly cared for privately with the help of willing and 45 able family or friends, and provided, that such person may be detained or 46 involuntarily admitted if such person is mentally ill and presents a sub- 47 stantial risk of injury to himself or others if allowed to remain at lib- 48 erty. 49 (m14) The order of commitment shall state whether the proposed patient 50 lacks capacity to make informed decisions about treatment, the name and 51 address of the patient's attorney and either the patient's spouse, guardian, 52 adult next of kin, or friend. 53 (n15) If the patient has no spouse or guardian and if the patient has 54 property which may not be cared for pursuant to chapter 5, title 66, Idaho 55 Code, or by the patient while confined at a facility, the court shall appoint 7 1 a guardian ad litem for the purpose of preserving the patient's estate, pend- 2 ing further guardianship or conservatorship proceedings. 3 (o16) The commitment shall continue until the commitment is terminated 4 and shall be unaffected by the patient's conditional release or change in dis- 5 position. 6 SECTION 4. That Sections 66-338, 66-339, 66-339A, 66-339B, 66-339C and 7 66-342, Idaho Code, be, and the same are hereby repealed.
STATEMENT OF PURPOSE
RS 17896
This legislation is the recommendation of the Sub-Committee on
Mental Health of the Health Care Task Force and is the result of
a study of the involuntary commitment statutes of Idaho. The
Sub-Committee on Mental Health held hearings and took testimony
this past year on the status of the involuntary commitment
process and laws in Idaho and determined that, for the most part,
they were not in need of any major overhaul.
This legislation makes adjustments to the involuntary commitment
process in an attempt to improve identified deficiencies. The
changes are as follows:
Definitions of "Likely to Injure Himself or Others" and
"Gravely Disabled"
Section 1. (Page 2, lines 32-37, lines 47-52)
In involuntary mental health commitment proceedings, before
ordering that an individual be involuntarily committed, a court
must find that the individual is mentally ill and, because of
such mental illness, is "likely to injure himself or others",or
is "gravely disabled" due to mental illness. These changes
permit a court to consider the capacity of a proposed patient to
comprehend his need for treatment and his willingness or ability
to comply with a treatment order. With these changes in
definitions, the court may consider whether the proposed patient
is so impaired that he is incapable of recognizing his need for
treatment, and if left untreated, will the proposed patient
likely further deteriorate to the point of becoming either a
"danger to himself or others," or gravely disabled". These
broader definitions allow the court to consider a more historic
perspective of the proposed patient's behavior than do the
current standards.
Holding Proceedings in Abeyance
Section 1. (Page 3, lines 12-16)
Section 3. (Page 5, lines 18-21)
The addition on page 3 defines the judicial practice of
"holding proceedings in abeyance" as an alternative to a
commitment order. The page 5 addition codifies the ability of a
court to hold a commitment proceeding in abeyance for up to 30
days while retaining jurisdiction. This option adds flexibility
to the court in the commitment process and enhances treatment
options for the patient.
Jurisdiction and Venue
Section 2. (Page 3, lines 21-26)
Section 3. (Page 4, lines 50-55 continuing on to Page 5,
line 1)
Page 3 modifies the language dealing with the jurisdiction
of a county involved in a commitment proceeding. The new language
allows the district court of a county where a patient is found,
or the county of residence of the patient, to have jurisdiction.
This change ensures that patients will not be released without
treatment simply because of a clouded jurisdictional dispute.
Pages 4 and 5 clarify that venue for a detention hearing shall be
in either the county of residence of the patient or the county
where the patient was found prior to the start of the
proceedings. Also, language allowing the patient to waive the
right of venue location is removed because the mental competency
of the patient is assumed to be in question prior to the
proceedings.
Outpatient Commitment Process (New)
Section 3. (Page 5, lines 33-55 continuing on to Page 6,
lines 1-25)
This language establishes a new procedure that allows for a
court to consider an involuntary outpatient commitment rather
than an inpatient involuntary commitment that requires
confinement to an appropriate psychiatric facility. While
outpatient involuntary commitment currently exists in Idaho code,
the process is cumbersome and seldom used by Idaho judges. The
new language also details the process for the court, under
certain circumstances, to convert an outpatient commitment to an
inpatient commitment. This change in law is proposed to give
judges more treatment options for mental illness patients that
appear before them when, upon the advise of medical professions,
outpatient commitments are an appropriate, less restrictive,
alternative to inpatient commitments.
Repeal of Old Outpatient Commitment Statutes
Section 4. (Page 7)
This section repeals the old outpatient commitment statutes
that have been rewritten.
Section 66-338, Idaho Code, provides that the Director
of Health and Welfare may provide a "conditional release" of a
committed patient from an inpatient facility to outpatient
treatment. This opportunity is now provided for in Section 66-
329, subsections (11) and (12).
Section 66-339, Idaho Code, provides for re-
hospitalization of patients conditionally release to outpatient
treatment. The provision in now included in Section 66-329,
subsection (12), which provides significant due process
protection for committed patients.
Section 66-339A, Idaho Code, provides for a separate
hearing and standard for outpatient commitment. This has now
been replaced by the single hearing and standard found in Section
66-329 and 66-317, subsections (11) and (13).
Section 66-339B, Idaho Code, provides for the
outpatient commitment hearing. This is replaced by the single
hearing afforded in 66-329.
Section 66-339C, Idaho Code, provides a process to re-
institutionalize a patient when he fails to abide by the terms of
an outpatient commitment order. This process is now covered by
the provisions of 66-329, subsection (12).
Section 66-342, provides for a change in disposition
(from a less restrictive setting to a more restrictive setting)
upon the recommendation of a facility director. This statute
also provides a patient the right to appeal, within 30 days, the
change in disposition. These provisions are replaced by the new
legislation, which provides a detailed process governing a change
in disposition, and it provides for a more timely judicial
review. Instead of 30 days, the court must act upon a show cause
order within 15 days of the change in disposition.
FISCAL NOTE
There is no known fiscal impact to the General Fund as a result
of the passage of this bill.
Contact:
Co-Chair: Senator Joe Stegner Co-Chair: Rep. Sharon Block
(208) 332-1000 (208) 332-1000
Senator Patti Anne Lodge Rep. Fred Wood
Senator Tim Corder Rep. Margaret Henbest
STATEMENT OF PURPOSE/FISCAL NOTE S 1426