Civil Commitment of Persons

Pursuant to Idaho Code § 66-329

Note: The following procedures apply to non-emergency situations. In emergency situations, the procedures set forth in Idaho Code § 66-326 may be used. Those procedures allow for a person to be detained without a preliminary court hearing. They also shorten the time periods that are used under the procedures outlined below. (See Emergency Hospitalization of Persons with Mental Illness.)

1. Civil commitment allows for the involuntary care and treatment of persons with mental illness by the Department of Health and Welfare. The process of instituting a civil commitment is begun by filing an application with the court. The filing of the application can be done by a friend, relative, spouse or guardian, licensed physician, prosecuting attorney, other public official of a municipality, county or of the state of Idaho, or the director of any facility in which such patient may be. Idaho Code § 66-329(a).

However, if the proposed patient has refused to submit to examination by a D.E., then instead of the certificate of the DE, the application must be accompanied by a written statement of the applicant stating this fact. Idaho Code § 66-329(c).

3. Upon receipt of the application for commitment, the court shall, within 48 hours, appoint a D.E. to examine the proposed patient or, if the proposed patient has not been examined by a D.E., the court shall appoint two D.Es. At least one D.E. must be a psychiatrist, licensed physician or licensed psychologist. Idaho Code § 66-329(d).

4. The D.Es. must report their findings, in the form of a written certificate, to the court within 72 hours of their appointment. Idaho Code § 66-329(d).

5. The court may terminate the commitment proceedings and dismiss the application if the reports of the D.Es. state that the proposed patient is not mentally ill or, although mentally ill, is not likely to injure him/herself or others or is not gravely disabled. Idaho Code § 66-329(d).

6. 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 shall issue an order authorizing the placement of the proposed patient in a facility. The judge may also authorize treatment during this period according to the provisions of Idaho Code § 66-346(a)(4). (This provision of the Code grants a patient the right to refuse specific modes of treatment.) Idaho Code § 66-329(e).

7. Upon receipt of the D.Es.' reports the court shall schedule a hearing not more than 7 days from the receipt of the reports. Idaho Code § 66-329(f).

8. The proposed patient has a right to be represented by an attorney, or if indigent, to be represented by a court-appointed attorney. Idaho Code § 66-329(f)

9. With the consent of the proposed patient and his/her attorney, the hearing may be held immediately. Upon motion of the proposed patient and attorney, the court may continue the hearing up to an additional 14 days during which time the court may authorize treatment. Idaho Code § 66-329(f)

10. The hearing shall be held at a facility, at the home of the proposed patient, or any other suitable place not likely to have a harmful effect on the proposed patient's physical or mental health. Idaho Code § 66-329(h).

11. The proposed patient - either in person or through his or her attorney - must be given an opportunity to appear at the hearing, to testify, and to present and cross-examine witnesses. The proposed patient shall be required to be present at the hearing unless the court determines that the mental or physical state of the proposed patient is such that his or her presence at the hearing would be detrimental to the proposed patient's health or would unduly disrupt the proceedings. Idaho Code § 66-329(j).

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).

13. The commitment continues until it is terminated and is not affected by the patient's conditional release or change in disposition. Idaho Code § 66-329(o).

"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).

"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).

"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).

"Lacks capacity to make informed decisions about treatment" shall mean the inability, by reason of mental illness, to achieve a rudimentary understanding after conscientious efforts at explanation of the purpose, nature, and possible significant risks and benefits of treatment. Idaho Code § 66-317(i).

"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 § 66-329(e) expressly forbids detention in "a nonmedical unit used for the detention of individuals charged or convicted of penal offenses."

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.