with Mental Illness
Pursuant to Idaho Code § 66-326
1. Idaho law allows for a person to be detained without a hearing. An individual may be taken into custody by a peace officer and placed in a facility, if a peace officer has reason to believe that the person is gravely disabled or the person's continued liberty poses an imminent danger to that person or others. Evidence supporting the claim of grave disability or imminent danger must be presented to a court within 24 hours from the time the individual was placed in custody. Idaho Code § 66-326(a).
2. If, upon the evidence, the court finds the individual to be gravely disabled or imminently dangerous, it will:
Issue a temporary custody order requiring the person to be held in a facility; and
Require an examination of the person by a Designated Examiner (D.E.) within 24 hours of the entry of the order of the court.
Idaho Code § 66-326(b).
3. The D.E. must submit a report to the court within 24 hours of the examination. If the D.E. finds the person to be mentally ill, and either a danger to his/herself or others, or gravely disabled, the prosecuting attorney shall file, within 24 hours of the examination of the person, a petition with the court requesting the patient's detention pending commitment proceedings pursuant to Idaho Code § 66-329. Idaho Code § 66-326(c),(d).
4. Upon receipt of the petition, the court shall order the patient's detention to await hearing which shall be held within five (5) days (including weekend and legal holidays) of the detention order. If no petition is filed within 24 hours of the D.E.'s examination, the person shall be released. Idaho Code § 66-326(d).
5. The court shall, within 48 hours, appoint a second D.E. to examine the proposed patient. At least one of the two D.E.s examining the proposed patient shall be a psychiatrist, licensed physician or licensed psychologist. Idaho Code § 66-329(d).
6. The second D.E. shall report his/her findings to the court within 72 hours of being appointed. Idaho Code § 66-329(d).
7. If the D.E.'s certificate states a belief that the proposed patient is mentally ill and either likely to injure him/herself or others or is gravely disabled, the judge may authorize treatment during the period prior to the hearing according to the provisions of Idaho Code § 66-346(a)(4). Idaho Code § 66-329(e).
8. If upon completion of the hearing the court finds by clear and convincing evidence that the proposed patient:
Is mentally ill; and
Is, because of his or her mental illness, likely to injure him/herself or others, or is gravely disabled due to mental illness,
the court shall order the proposed patient committed to the Director of the Department of Health and Welfare for a period of time not to exceed one year. Idaho Code § 66-329(k).
Absolute Time |
Event |
Time Allowed |
Idaho Code § |
|---|---|---|---|
0 |
Detained without hearing |
66-326(a) | |
1 |
Evidence to court and court issues custody order |
within 24 hrs. of detention |
66-326(a) |
2 |
Exam by DE |
within 24 hrs. of custody order |
66-326(b) |
3 |
Report to court by DE |
within 24 hrs. of DE's exam |
66-326(c) |
Petition by prosecutor requesting detention order |
within 24 hrs. of DE's exam |
66-326(d) | |
Court orders detention to await hearing |
upon receipt of petition |
66-326(d) | |
4 |
|||
5 |
Appointment of second DE |
within 48 hrs. of detention order |
66-329(d) via 66-326(d) |
6 |
|||
7 |
|||
8 |
Report of second DE |
within 72 hrs. of being appointed |
66-329(d) |
Hearing |
within 5 days of detention order |
66-326(d) |
"Facility"shall mean any public or private hospital, sanatorium, institution, mental health center or other organization designated in accordance with regulations adopted by the board of health and welfare as equipped to initially hold, evaluate, rehabilitate or to provide care or treatment, or both, for the mentally ill. Idaho Code § 66-317(g). Idaho Code § 66-326 expressly forbids detention in "a nonmedical unit used for the detention of individuals charged or convicted of penal offenses." "Mentally ill" shall mean a person, who as a result of a substantial disorder of thought, mood, perception orientation, or memory, which grossly impairs judgment, behavior, capacity to recognize and adapt to reality, requires care and treatment at a facility. Idaho Code § 66-317(m).
"Gravely disabled" shall mean a person who, as the result of mental illness, is in danger of serious physical harm due to the person's inability to provide for his/her essential needs. Idaho Code
§ 66-317(n)."Likely to injure himself or others" shall mean either : (1) a substantial risk that physical harm will be inflicted by the proposed patient upon his own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on himself; or (2) a substantial risk that physical harm will be inflicted by the proposed patient upon another as evidenced by behavior which has caused such harm or which places another person or persons in reasonable fear of sustaining such harm. Idaho Code
§ 66-317(l).
This document was prepared by staff of Comprehensive Advocacy, Inc. (Co-Ad) with funds from the National Institute of Mental Health. It does not necessarily reflect the views of any of Co-Ad's funding sources. Legal information is subject to change at any time and the reader is advised to obtain updated information prior to taking any action.