TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 2

PERSONS LIABLE, PRINCIPALS AND ACCESSORIES

18-211.  Examination of defendant — Appointment of psychiatrists and licensed psychologists — Hospitalization — Report. (1) Whenever there is reason to doubt the defendant’s fitness to proceed as set forth in section 18-210, Idaho Code, the court shall appoint at least one (1) qualified psychiatrist or licensed psychologist or shall request the director of the department of health and welfare to designate at least one (1) qualified psychiatrist or licensed psychologist to examine and report upon the mental condition of the defendant to assist counsel with defense or understand the proceedings. The appointed examiner shall also evaluate whether the defendant lacks capacity to make informed decisions about treatment. The costs of examination shall be paid by the defendant if he is financially able. The determination of ability to pay shall be made in accordance with chapter 8, title 19, Idaho Code.

(2)  Within three (3) days, excluding Saturdays, Sundays and legal holidays, of the appointment or designation, the examiner shall determine the best location for the examination. If practical, the examination shall be conducted locally on an outpatient basis.

(3)  If the examiner determines that confinement is necessary for purposes of the examination, the court may order the defendant to be confined to a jail, a hospital, or other suitable facility for that purpose for a period not exceeding thirty (30) days. The order of confinement shall require the county sheriff to transport the defendant to and from the facility and shall notify the facility of any known medical, behavioral, or security requirements of the defendant. The court, upon request, may make available to the examiner any court records relating to the defendant.

(4)  In such examination, any method may be employed that is accepted by the examiner’s profession for the examination of those alleged not to be competent to assist counsel in their defense.

(5)  Upon completion of the examination, a report shall be submitted to the court and shall include the following:

(a)  A description of the nature of the examination;

(b)  A diagnosis or evaluation of the mental condition of the defendant;

(c)  An opinion as to the defendant’s capacity to understand the proceedings against him and to assist in his own defense;

(d)  An opinion whether the defendant lacks the capacity to make informed decisions about treatment. "Lack of capacity to make informed decisions about treatment" means the defendant’s inability, by reason of his mental condition, to achieve a rudimentary understanding of the purpose, nature, and possible significant risks and benefits of treatment, after conscientious efforts at explanation.

(6)  If the examination cannot be conducted by reason of the unwillingness of the defendant to participate therein, the report shall so state and shall include, if possible, an opinion as to whether such unwillingness of the defendant was the result of mental disease or defect.

(7)  The report of the examination shall be filed with the clerk of the court, who shall cause copies to be delivered to the prosecuting attorney and to counsel for the defendant.

(8)  When the defendant wishes to be examined by an expert of his own choice, such examiner shall be permitted to have reasonable access to the defendant for the purpose of examination.

(9)  In the event a defendant is suspected of being developmentally disabled, the examination shall proceed with those experts set out in subsection (7) of section 66-402, Idaho Code.

(10) In addition to the psychiatrist, licensed psychologist, or evaluation committee, the court may appoint additional experts to examine the defendant.

(11) If, at any time during the examination process, the examiner has reason to believe that the defendant’s alleged incompetency may be the result of a developmental disability and the matter has not already been referred to an evaluation committee for review, the examiner shall immediately notify the court. The court shall then appoint an evaluation committee or shall order the department of health and welfare to designate, within two (2) business days, an evaluation committee consistent with section 66-402(7), Idaho Code.

(12) If the defendant lacks capacity to make informed decisions about treatment, as defined in section 66-317, Idaho Code, the court may authorize consent to be given pursuant to section 66-322, Idaho Code. If the defendant lacks capacity to make informed decisions as defined in subsection (9) of section 66-402, Idaho Code, the court may authorize consent to be given pursuant to sections 66-404 and 66-405, Idaho Code.

(13) If the defendant was confined solely for the purpose of examination, he shall be released from the facility within three (3) days, excluding Saturdays, Sundays and legal holidays, following notification of completion of the examination.

History:

[18-211, added 1972, ch. 336, sec. 1, p. 851; am. 1974, ch. 165, sec. 1, p. 1405; am. 1980, ch. 312, sec. 1, p. 797; am. 1982, ch. 368, sec. 3, p. 920; am. 1987, ch. 40, sec. 1, p. 67; am. 1996, ch. 225, sec. 2, p. 738; am. 1998, ch. 90, sec. 7, p. 323; am. 1999, ch. 293, sec. 4, p. 737; am. 2000, ch. 234, sec. 1, p. 656; am. 2019, ch. 299, sec. 1, p. 888; am. 2022, ch. 26, sec. 1, p. 72.]