STATE CHARITABLE INSTITUTIONS
HOSPITALIZATION OF MENTALLY ILL
66-320. Right to release on application — Exceptions. (a) A voluntary patient admitted in accordance with the procedure outlined in section 66-318, Idaho Code, who requests his release or whose release is requested, in writing, by his legal guardian, parent, spouse, or adult next of kin shall be released except that:
(1) if the patient was admitted on his own application and the request for release is made by a person other than the patient, release may be conditioned upon the agreement of the patient thereto, and
(2) if the patient, by reason of his age, was admitted on the application of another person, his release prior to becoming sixteen (16) years of age may be conditioned upon the consent of his parent or guardian, or
(3) if the director of the facility determines that the patient should be hospitalized under the provisions of this chapter, the patient may be detained up to three (3) days, excluding Saturdays, Sundays and legal holidays, for the purpose of examination by a designated examiner and the filing of an application for continued care and treatment.
(b) Notwithstanding any other provision of this chapter, judicial proceedings authorized by this chapter shall not be commenced with respect to a voluntary patient unless release of the patient has been requested by himself or the individual who applied for his admission.
(c) The date and time of any request for release under this section shall be entered in the patient’s clinical record. If the request for release is denied, the reasons for denial also shall be entered in the patient’s clinical record.
(d) A patient admitted for examination pursuant to section 20-520 or 18-211, Idaho Code, may not be released except for purposes of transportation back to the court ordering, or party authorizing, the examination.
[66-320, added 1951, ch. 290, sec. 4, p. 622; am. 1973, ch. 173, sec. 4, p. 363; am. 1981, ch. 114, sec. 12, p. 177; am. 1986, ch. 84, sec. 2, p. 245; am. 2004, ch. 23, sec. 11, p. 31.]