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Last updated January 2004
TITLE 66 – STATE CHARITABLE
INSTITUTIONS
Chapter 3 – Hospitalization of
Mentally Ill
§ 66-317.
DEFINITIONS.
As used in this chapter, terms shall have the following
meanings:
(a) "Department
director" means the director of the state department of health and
welfare.
(b) "Voluntary
patient" means an individual admitted to a facility for evaluation
pursuant to section 18-211 or 20-520, Idaho Code, or admitted to a facility for
treatment pursuant to section 66-318, Idaho Code.
(c) "Involuntary
patient" means an individual committed pursuant to section 18-212, 66-329
or 66-1201, Idaho Code, or committed pursuant to section 16-1608 or 20-520,
Idaho Code, and admitted to a facility for the treatment of minors.
(d) "Licensed
physician" means an individual licensed under the laws of this state to
practice medicine or a medical officer of the government of the
(e) "Designated
examiner" means a psychiatrist, psychologist, psychiatric nurse, or social
worker and such other mental health professionals as may be designated in
accordance with rules promulgated pursuant to the provisions of chapter 52,
title 67, Idaho Code, by the department of health and welfare. Any person
designated by the department director will be specially qualified by training
and experience in the diagnosis and treatment of mental or mentally related
illnesses or conditions.
(f) "Dispositioner" means a designated examiner employed by
or under contract with the department of health and welfare and designated by
the department director to determine the appropriate location for care and
treatment of involuntary patients.
(g)
"Facility" means any public or private hospital, sanatorium,
institution, mental health center or other organization designated in
accordance with rules 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.
(h) "Lacks
capacity to make informed decisions about treatment" means 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.
(i) "Inpatient treatment facility"
means a facility in which an individual receives medical and mental treatment
for not less than a continuous twenty-four (24) hour period.
(j) "Supervised
residential facility" means a facility, other than the individual's home,
in which the individual lives and in which there lives, or are otherwise on
duty during the times that the individual's presence is expected, persons who
are employed to supervise, direct, treat or monitor the individual.
(k) "Likely to
injure himself or others" means 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.
(l) "Mentally
ill" means 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.
(m) "Gravely
disabled" means 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
any of his basic needs for nourishment, or essential medical care, or shelter
or safety.
(n) "Outpatient
commitment" means a court order directing a person to comply with
specified mental health treatment requirements, not involving the continuous
supervision of a person in an inpatient setting, that are reasonably designed
to alleviate or to reduce a person's illness or disability, or to maintain or
prevent deterioration of the person's mental or emotional functioning. The
specified requirements may include, but need not be limited to, taking
prescribed medication, reporting to a facility to permit monitoring of the
person's condition, or participating in individual or group therapy or in
educational or vocational programs.
Outpatient commitment may be up to one (1) year.
§ 66-318. AUTHORITY TO
ADMIT VOLUNTARY PATIENTS -- DENIAL OF ADMISSION.
(a) The director of any facility may admit as a voluntary patient:
(1)
Any person who is eighteen (18) years of age or older;
(2)
Any individual fourteen (14) to eighteen (18) years of age who may apply
to be admitted for observation, diagnosis, evaluation and treatment and the facility
director will notify the parent, parents or guardian of the individual of the
admission; a parent or guardian may apply for the individual's release and the
facility director will release the patient within three (3) days, excluding
Saturdays, Sundays and legal holidays, of the application for discharge, unless
the time period for diagnosis, evaluation, care or treatment is extended
pursuant to section 66-320, Idaho Code;
(3)
Any emancipated minor;
(4)
Any individual under fourteen (14) years of age upon application of the
individual's parent or guardian, provided that
admission to an inpatient facility shall require a recommendation for admission
by a designated examiner;
(5)
Any individual who lacks capacity to make informed decisions about treatment
upon application of the individual's guardian; provided that admission to an
inpatient facility shall require a recommendation for admission by a designated
examiner; or
(6)
Any individual confined for examination pursuant to sections 18-211, 16-1814,
or 16-1835, Idaho Code.
(b) The director of
any facility must refuse admission to any applicant under this section
whenever:
(1)
The applicant is not in need of observation, diagnosis, evaluation, care
or treatment at the facility;
(2)
The applicant lacks capacity to make informed decisions about treatment
unless the application is made by a guardian with authority to consent to
treatment; or
(3)
The applicant's welfare or the welfare of society, or both, are better
protected by the provisions of section 66-329, Idaho Code.
§ 66-319.
RELEASE OF VOLUNTARY INPATIENTS.
The director of an inpatient facility shall release any
person, admitted in accordance with the procedure outlined in section 66-318,
Idaho Code, whose continued care or treatment is no longer appropriate. If upon
evaluation at the facility, it is determined that the patient is mentally ill
and is likely to injure himself or others or is
gravely disabled, the director of the facility shall institute appropriate
judicial proceedings for continued care and treatment. In the case of persons
confined pursuant to sections 16-1814, 16-1835, or 18-211, Idaho Code, upon
completion of the examination, the sheriff of the county from which the
defendant was committed shall be notified and the defendant shall continue to
be confined at the facility for transportation back to the county. In those
cases of persons admitted upon the application of a guardian, those persons
shall be released upon the termination of the guardian's authority to consent
to treatment.
§ 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 16-1814, or 18-211, Idaho Code,
may not be released except for purposes of transportation back to the court
ordering, or party authorizing, the examination.
§ 66-322.
APPOINTMENT OF GUARDIAN FOR INDIVIDUALS LACKING CAPACITY TO MAKE
INFORMED DECISIONS ABOUT TREATMENT -- JUDICIAL PROCEDURE.
(a) Proceedings for the appointment of a guardian of a mentally
ill person may be commenced by the filing of a written petition with a court of
competent jurisdiction by a friend, relative, spouse or guardian of the
proposed patient, by a licensed physician, licensed clinical psychologist,
prosecuting attorney, or other public official of a municipality, county or of
the state of Idaho, or by the director of any facility in which such patient
may be.
(b) The petition
shall state the name and last known address of the proposed patient; the name
and address of either the spouse, next of kin or friend of the proposed
patient; whether a guardian of the proposed patient has been previously
appointed under the laws of this or any other state and, if so, the name and
address of the guardian and the circumstances of such appointment; and a
precise statement showing that the proposed patient is mentally ill, that
treatment is available for such illness, and that the proposed patient lacks
capacity to make informed decisions about treatment.
(c) Any such petition
shall be accompanied by a certificate of a licensed physician or licensed
clinical psychologist stating that the physician or psychologist has personally
examined the proposed patient within the last fourteen (14) days and is of the
opinion: (i) that the proposed patient is mentally
ill, (ii) that in the absence of treatment the immediate prognosis is for major
distress of the proposed patient which will result in serious mental or
physical deterioration of the proposed patient, (iii) that treatment is available
which is likely to avoid serious mental or physical deterioration of the
proposed patient, and (iv) that the proposed patient lacks capacity to make
informed decisions about treatment; or by a written statement by the physician
or psychologist that the proposed patient has refused to submit to an
examination.
(d) Upon receipt of a
petition, the court shall within forty-eight (48) hours appoint another
licensed physician or licensed clinical psychologist to make a personal
examination of the proposed patient, or if the proposed patient has not been
examined, the court shall appoint two (2) licensed physicians or licensed
clinical psychologists to make individual personal examinations of the proposed
patient and may order the proposed patient to submit to an immediate
examination. Within seventy-two (72) hours, the physician or psychologist shall
file with the court certificates described in subparagraph (c) above, if
necessary.
(e) Upon receipt of
such petition and certificates, the court shall appoint a time and place for
hearing not more than seven (7) days from receipt of such certificates and
thereupon give written notice to the proposed patient. The notice shall include
a copy of the petition and certificates and notice of the proposed patient's
right to be represented by an attorney, or if indigent, to be represented by a
court-appointed attorney. Notice of the time and place of the hearing shall
also be given to the petitioner.
(f) An opportunity to
be represented by counsel shall be afforded to every proposed patient, and if
neither the proposed patient nor others provide counsel, the court shall
appoint counsel in accordance with chapter 8, title 19, Idaho Code.
(g) The hearing shall
be held at a facility, at the home of the proposed patient, or at any other
suitable place not likely to have a harmful effect on the proposed patient's
physical or mental health.
(h) The proposed
patient and the petitioner shall be afforded an opportunity to appear at the hearing,
to testify, and to present and cross-examine witnesses. At the hearing, any
existing provision of law prohibiting the disclosure of [a] confidential
communications between the examining physician or psychologist and the proposed
patient shall not apply and the physicians or psychologists who examined the
proposed patient shall be competent witnesses to testify as to the proposed
patient's condition. The proposed patient shall be required to be present at
the hearing, and be free from drugs likely to impair the proposed patient's
ability to communicate with counsel or understand the proceedings, unless the
right to be present or free from drugs is knowingly and voluntarily waived by
the patient or unless the presence of the patient at the hearing would unduly
disrupt the judicial proceedings. A record of the proceedings shall be made as
for other civil hearings. The hearing shall be conducted in as informal a
manner as may be consistent with orderly procedure and the rules of evidence.
(i) The court shall appoint a person other than
the treating professional to act in the proposed patient's best interest with
authority to consent to treatment, if, upon completion of the hearing and
consideration of the record, the court finds by clear and convincing evidence
that:
(1)
The proposed patient has a severe and reliably diagnosable mental
illness;
(2)
Without treatment, the immediate prognosis is for major distress
resulting in serious mental or physical deterioration of the proposed patient;
(3)
Treatment is available for such illness;
(4)
The proposed patient lacks capacity to make informed decisions about
treatment; and
(5)
The relative risks and benefits of treatment or nontreatment
are such that a reasonable person would consent to treatment.
The court shall consider appointing persons to give consent
in the following priority: the proposed patient's spouse, next of kin, friend or if the proposed patient's spouse, next of kin or
friend are unable or unwilling, another appropriate person not associated with
the facility where the person is being, or shall be treated.
(j) The appointed
person shall have authority to consent to treatment, including treatment at a
facility. Upon approval of the court, the appointed person may pay the costs of
treatment from the patient's money and tangible property deliverable to or
received by the patient during the period of the appointed person's authority,
and may apply for any benefits to which the patient is entitled. In the
exercise of his powers, the appointed person is to act as a fiduciary and shall
observe the standards of care applicable to trustees as described by section
15-7-302, Idaho Code. The appointment shall continue for a period of seven (7)
weeks or until the court determines that the patient no longer lacks capacity
to make informed decisions about treatment, whichever is shorter.
(k) Upon petition of
the appointed person, authority to consent may be continued for an additional
seven (7) week period, if the court again enters the findings required by
subparagraph (i) above. The petition for continued
authority shall be accompanied by the certificate of the treating professional
meeting the requirements of subparagraph (c) above. The petition for continued
authority and physician's certificate shall be served upon the patient and the
patient's attorney. If the proposed patient objects to the continued authority,
the court shall conduct a hearing, following notice of the time and place of
such hearing to the petitioner, the proposed patient and the proposed patient's
attorney.
(l) Proceedings for
appointment of a person with authority to consent under this section may be
consolidated with proceedings for the involuntary care of the proposed patient
under section 66-329, Idaho Code, provided, however, that appointment of a
person with authority to consent under this section shall terminate the
proceedings for the involuntary care under section 66-329, Idaho Code.
(m) No more than two
(2) petitions with authority to consent shall be granted under subsection (i) of this section within any twelve (12) month period,
provided that other proceedings under this chapter or the Uniform Probate Code
shall be permitted.
(n) The person with
authority to consent appointed pursuant to this section shall not be personally
responsible for the cost of care or treatment rendered the mentally ill
individual, simply by reason of the authority granted by this section.
§ 66-324.
AUTHORITY TO RECEIVE INVOLUNTARY PATIENTS.
The director of any facility is authorized to receive
therein for observation, diagnosis, care and treatment any individual committed
to the department director pursuant to sections 16-1608, 20-520, 18-212, 18-214
or 66-329, or transferred pursuant to section 66-1201, Idaho Code.
§ 66-325.
RESIDENCE NOT AFFECTED BY PLACE OF TREATMENT.
For
purposes of this chapter, the terms "residence,"
"residing," or "resides" shall refer to the place where the
mentally ill person lives. None of the time spent in any facility shall be
regarded as contributing toward, or acquiring, residence for any purpose.
§ 66-326.
DETENTION WITHOUT HEARING.
(a) No
person shall be taken into custody as an alleged emergency patient unless and
until the court has ordered such apprehension and custody under the provisions
outlined in section 66-329, Idaho Code; provided, however, that a person may be
taken into custody by a peace officer and placed in a facility, if the peace
officer has reason to believe that the person is gravely disabled due to mental
illness or the person's continued liberty poses an imminent danger to that
person or others, as evidenced by a threat of substantial physical harm;
provided, under no circumstances shall the proposed patient be detained in a nonmedical unit used for the detention of individuals
charged with or convicted of penal offenses.
Whenever a
person is taken into custody under this section without court order, the
evidence supporting the claim of grave disability due to mental illness or
imminent danger must be presented to a duly authorized court within twenty-four
(24) hours from the time the individual was placed in custody.
(b) If the court finds the individual to be
gravely disabled due to mental illness or imminently dangerous under subsection
(a) of this section, the court shall issue a temporary custody order requiring
the person to be held in a facility, and requiring an examination of the person
by a designated examiner within twenty-four (24) hours of the entry of the
order of the court.
Under no
circumstances shall the proposed patient be detained in a nonmedical
unit used for the detention of individuals charged with or convicted of penal
offenses.
(c) Where an examination is required under
subsection (b) of this section, the designated examiner shall make his findings
and report to the court within twenty-four (24) hours of the examination.
(d) If the designated examiner finds, in his
examination under this section, that the person is mentally ill, and either is
likely to injure himself or others or is gravely disabled due to mental
illness, the prosecuting attorney shall file, within twenty-four (24) hours of
the examination of the person, a petition with the court requesting the
patient's detention pending commitment proceedings pursuant to the provisions
of section 66-329, Idaho Code. Upon the receipt of such a petition, the court
shall order his detention to await hearing which shall be within five (5) days
(including Saturdays, Sundays and legal holidays) of the detention order. If no
petition is filed within twenty-four (24) hours of the designated examiner's
examination of the person, the person shall be released.
(e) Any person held in custody under the
provisions of this section shall have the same protection and rights which are
guaranteed to a person already committed to the department director. Upon
taking a person into custody, notice shall be given to the person's immediate
relatives of the person's physical whereabouts and the reasons for taking the
person into custody.
§ 66-327.
RESPONSIBILITY FOR COSTS OF COMMITMENT AND CARE OF
PATIENTS.
(a) All costs associated with the commitment proceedings,
including usual and customary fees of designated examiners, transportation
costs and all medical, psychiatric and hospital costs not included in
subsection (b) of this section, shall be the responsibility of the person
subject to judicial proceedings authorized by this chapter or such person's
spouse, adult children, or, if indigent, the county of such person's residence
after all personal, family and third party resources, including medical
assistance provided under the state plan for medicaid
as authorized by title XIX of the social security act, as amended, are
considered. In proceedings authorized by this chapter, the court shall consider
the indigency of persons subject to proceedings
authorized by this chapter, in light of such person's income and resources, and
if such person is able to pay all or part of such costs, the court shall order
such person to pay all or any part of such costs. If the court determines such
person is unable to pay all or any part of such costs, the court shall fix
responsibility, in accordance with the provisions of chapter 35, title 31,
Idaho Code, for payment of such costs on the county of such person's residence
to the extent not paid by such person or not covered by third party resources,
including medical assistance as aforesaid.
(b) The department of
health and welfare shall assume responsibility for usual and customary treatment
costs after the involuntary patient is dispositioned
to the custody of the state of Idaho, beginning on the day after the director
receives notice that a person has been committed into the custody of the
department, until the involuntary patient is discharged and after all personal,
family and third party resources are considered in accordance with section
66-354, Idaho Code. The counties shall be responsible for mental health costs
if the individual is not transported within twenty-four (24) hours of receiving
written notice of admission availability to a state facility. For purposes of
this section, "usual and customary treatment costs" shall include
routine board, room and support services rendered at a facility of the
department of health and welfare; routine physical, medical, psychological and
psychiatric examination and testing; group and individual therapy, psychiatric
treatment, medication and medical care which can be provided at a facility of
the department of health and welfare. The term "usual and customary
treatment costs" shall not include neurological evaluation, CAT scan,
surgery, medical treatment, any other item or service not provided at a
facility of the department of health and welfare, or witness fees and expenses
for court appearances. For the purposes of this section, the notice to the
department may be faxed or mailed.
§ 66-328.
JURISDICTION OF PROCEEDINGS FOR COMMITMENT.
Proceedings for the care of mentally ill persons shall be
had in the district court of the county where the person to be treated resides;
except that such proceedings may be had in the district court of any other
county of this state where such person is found upon the payment to such
nonresident county by such residence county of such additional filing and
hearing costs, and such reasonable medical and attorney fees or other fees as
may be fixed by law or by the court where the proceedings are proposed to be
had.
§ 66-329.
COMMITMENT TO DEPARTMENT DIRECTOR UPON COURT ORDER
– JUDICIAL PROCEDURE.
(a) Proceedings for the involuntary care and treatment of
mentally ill persons by the department of health and welfare may be commenced
by the filing of a written application with a court of competent jurisdiction
by a friend, relative, spouse or guardian of the proposed patient, or by a
licensed physician, prosecuting attorney, or 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.
(b) The application
shall state the name and last known address of the proposed patient; the name
and address of either the spouse, guardian, next of kin or friend of the
proposed patient; whether the proposed patient can be cared for privately in
the event commitment is not ordered; if the proposed patient is, at the time of
the application, a voluntary patient; whether the proposed patient has applied
for release pursuant to section 66-320, Idaho Code; and a simple and precise
statement of the facts showing that the proposed patient is mentally ill and
either likely to injure himself or others or is gravely disabled due to mental
illness.
(c) Any such
application shall be accompanied by a certificate of a designated examiner
stating that he has personally examined the proposed patient within the last
fourteen (14) days and is of the opinion that the proposed patient is: (i) mentally ill; (ii) likely to injure himself or others or
is gravely disabled due to mental illness; and (iii) lacks capacity to make
informed decisions about treatment, or a written statement by the applicant
that the proposed patient has refused to submit to examination by a designated
examiner.
(d) Upon receipt of
an application for commitment, the court shall, within forty-eight (48) hours
appoint another designated examiner to make a personal examination of the
proposed patient or if the proposed patient has not been examined, the court
shall appoint two (2) designated examiners to make individual personal
examinations of the proposed patient and may order the proposed patient to
submit to an immediate examination. If neither designated examiner is a
physician, the court shall order a physical examination of the proposed
patient. At least one (1) designated examiner shall be a psychiatrist, licensed
physician or licensed psychologist. The designated examiners shall report to
the court their findings within the following seventy-two (72) hours as to the
mental condition of the proposed patient and his need for custody, care, or
treatment by a facility. The reports shall be in the form of written
certificates which shall be filed with the court. The court may terminate the
proceedings and dismiss the application without taking any further action in
the event the reports of the designated examiners are to the effect that the
proposed patient is not mentally ill or, although mentally ill, is not likely
to injure himself or others or is not gravely disabled
due to mental illness. If the proceedings are terminated, the proposed patient
shall be released immediately.
(e) If the designated
examiner's certificate states a belief that the proposed patient is mentally
ill and either likely to injure himself or others or is gravely disabled due to
mental illness, the judge of such court shall issue an order authorizing any
health officer, peace officer, or director of a facility to take the proposed
patient to a facility in the community in which the proposed patient is
residing or to the nearest facility to await the hearing and for good cause may
authorize treatment during such period subject to the provisions of section
66-346(a)(4), Idaho Code. Under no circumstances shall the proposed patient be
detained in a nonmedical unit used for the detention
of individuals charged with or convicted of penal offenses.
(f) Upon receipt of
such application and designated examiners' reports the court shall appoint a
time and place for hearing not more than seven (7) days from the receipt of
such designated examiners' reports and thereupon give written notice of such
time and place of such hearing together with a copy of the application,
designated examiner's certificates, and notice of the proposed patient's right
to be represented by an attorney, or if indigent, to be represented by a
court-appointed attorney, to the applicant, to the proposed patient, to the
proposed patient's spouse, guardian, next of kin or friend. With the consent of
the proposed patient and his attorney, the hearing may be held immediately.
Upon motion of the proposed patient and attorney and for good cause shown, the
court may continue the hearing up to an additional fourteen (14) days during
which time, for good cause shown, the court may authorize treatment.
(g) An opportunity to
be represented by counsel shall be afforded to every proposed patient, and if
neither the proposed patient nor others provide counsel, the court shall
appoint counsel in accordance with chapter 8, title 19, Idaho Code, no later
than the time the application is received by the court.
(h) The hearing shall
be held at a facility, at the home of the proposed patient, or at any other
suitable place not likely to have a harmful effect on the proposed patient's
physical or mental health. Venue for the hearing shall be in the county of
residence of the proposed patient, unless the patient waives the right to have
venue fixed there.
(i) In all proceedings under this section, any
existing provision of the law prohibiting the disclosure of confidential
communications between the designated examiner and proposed patient shall not
apply and any designated examiner who shall have examined the proposed patient
shall be a competent witness to testify as to the proposed patient's condition.
(j) The proposed
patient, the applicant, and any other persons to whom notice is required to be
given shall be afforded 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 presence at
the hearing would be detrimental to the proposed patient's health or would
unduly disrupt the proceedings. A record of the proceedings shall be made as
for other civil hearings. The hearing shall be conducted in as informal a
manner as may be consistent with orderly procedure. The court shall receive all
relevant and material evidence consistent with the rules of evidence.
(k) If, upon
completion of the hearing and consideration of the record, the court finds by
clear and convincing evidence that the proposed patient:
(1)
is mentally ill; and
(2)
is, because of such condition, likely to injure himself or others, or is
gravely disabled due to mental illness; the court shall order the proposed patient
committed to the custody of the department director for an indeterminate period
of time not to exceed one (1) year. The department director, through his dispositioner, shall determine within twenty-four (24)
hours the least restrictive
available facility consistent with the needs of each patient
committed under this section for observation, care, and treatment.
(l) Nothing in this
chapter or in any rule adopted pursuant thereto shall be construed to authorize
the detention or involuntary admission to a hospital or other facility of an
individual who:
(1) has
epilepsy, a developmental disability, a physical disability, mental
retardation, is impaired by chronic alcoholism or drug abuse, or aged, unless
in addition to such condition, such person is mentally ill;
(2) is a patient under treatment by
spiritual means alone, through prayer, in accordance with the tenets and
practices of a recognized church or religious denomination by a duly accredited
practitioner thereof and who asserts to any authority attempting to detain him
that he is under such treatment and who gives the name of a practitioner so
treating him to such authority; or
(3)
can be properly cared for privately with the
help of willing and able family or friends, and provided, that such person may
be detained or involuntarily admitted if such person is mentally ill and
presents a substantial risk of injury to himself or others if allowed to remain
at liberty.
(m) The order of
commitment shall state whether the proposed patient lacks capacity to make
informed decisions about treatment, the name and address of the patient's
attorney and either the patient's spouse, guardian, adult next of kin, or
friend.
(n) If the patient
has no spouse or guardian and if the patient has property which may not be
cared for pursuant to chapter 5, title 66, Idaho Code, or by the patient while
confined at a facility, the court shall appoint a guardian ad litem for the
purpose of preserving the patient's estate, pending further guardianship or conservatorship proceedings.
(o) The commitment
shall continue until the commitment is terminated and shall be unaffected by
the patient's conditional release or change in disposition.
§ 66-330.
TRANSPORTATION -- TEMPORARY DETENTION -- NOTICE.
(a) After the dispositioner has
designated the place of treatment, he shall notify the facility director of the
disposition and of any medical, security or behavioral needs of the committed
patient. The county shall deliver the patient within forty-eight (48) hours to
the designated facility. Whenever practicable, the individual may be
accompanied by one or more of his friends or relatives.
(b) Pending his
removal to the designated place of treatment, a patient taken into custody or
ordered to be committed to the custody of the department director pursuant to
this chapter may be detained in his home, a licensed foster home, or any other
suitable facility under such reasonable conditions as the dispositioner
may fix, but he shall not be detained in a nonmedical
facility used for the detention of individuals charged with or convicted of
penal offenses. The dispositioner shall take such
reasonable measures(,) to secure proper mental health
care and treatment of an individual temporarily detained pursuant to this
chapter.
(c) The dispositioner shall notify the court, the patient's
attorney and either the patient's spouse, guardian, adult next of kin or
friend, of the facility to which the patient has been dispositioned.
§ 66-331.
CARE AND TREATMENT IN A FEDERAL FACILITY.
(a) If an involuntary patient committed pursuant to the
provisions of section 66-329, Idaho Code, is eligible for care or treatment by
any agency of the United States, the department director or his designee, upon
receipt of a certificate from such agency showing that facilities are available
and that the involuntary patient is eligible for care and treatment therein,
may authorize the involuntary patient to be placed in the custody of such
agency for care and treatment.
(b) Upon effecting any such transfer, the department director or his
designee shall notify the committing court, the involuntary patient's attorney
and either the involuntary patient's spouse, guardian, adult next of kin or
friend, as stated on the order of commitment, of such transfer. Records
pertaining to the involuntary patient shall be sent by the sending facility to
the receiving facility as soon as possible.
(c) When admitted to
any facility pursuant to subsection (a) of this section, by any such agency
within or without the state, the involuntary patient shall be subject to the
rules and regulations of the agency. The chief officer of any facility operated
by such agency shall, with respect to involuntary patients admitted to that
facility pursuant to subsection (a) of this section, be vested with the same
powers as the department director with respect to detention, custody, transfer,
conditional release or discharge.
Jurisdiction shall be retained in appropriate courts of this
state at any time to inquire into the mental condition of an involuntary
patient admitted to a facility pursuant to subsection (a) of this section and
to determine the necessity for continuance of the person's commitment, and
every order of commitment issued pursuant to section 66-329, Idaho Code, shall
be so conditioned.
(d) The judgment or
order of commitment by a court of competent jurisdiction of another state or of
the District of Columbia, committing a person to any agency of the United
States, and any transfer of any committed person to any agency of the United
States for care and treatment, shall have the same force and effect as to the
committed person while in this state as in the jurisdiction in which is
situated the court entering the judgment or making the order, or the entity
effecting the transfer; and the courts of the committing state, or of the
District of Columbia, shall be deemed to have retained jurisdiction of the
person so committed for the purpose of inquiring into the mental condition of
such person, and of determining the necessity for continuance of the person's
commitment, as is provided for persons committed by the courts of this state in
subsection (c) of this section. Consent is hereby given to the application of
the law of the committing state or the
(e) The chief officer
of any facility operated by any agency of the United States shall, with respect
to persons admitted to that facility pursuant to subsection (a) of this
section, report to the committing court, the department director or his
designee, the person's spouse, guardian, next of kin or friend as stated on the
order of commitment as follows: within the first ninety (90) days and every one
hundred twenty (120) days thereafter as to whether or not conditions justifying
involuntary care and treatment continue to exist and upon conditional release,
upon transfer between facilities, or upon discharge.
§ 66-333.
EXAMINATION OF NEWLY ADMITTED PATIENTS.
Every patient committed to the custody of the department
director pursuant to the provisions of section 66-329, Idaho Code, and admitted
to an inpatient facility shall receive a physical and mental health examination
as soon as practicable after admission.
§ 66-334.
TRANSFER OF PATIENTS BETWEEN CERTAIN INPATIENT
TREATMENT FACILITIES.
(a) The department director or his designee may transfer, or
authorize the transfer of, an involuntary patient from one inpatient treatment
facility to another, if he determines that it would be consistent with the
mental health needs of the patient to do so. Whenever a patient is transferred,
written notice thereof shall be given to the patient's attorney, either the patient's spouse, guardian, adult next of kin or
friend and the committing court.
(b) Upon receipt of a
certificate of an agency of any other state or private facility in any state,
that facilities are available for the care or treatment of any patient
committed or otherwise being cared for and treated pursuant to this chapter and
that the patient is eligible for care or treatment in a facility of such
agency, or if the patient or his next of kin or his guardian wish to have him
cared for in some other facility, the department director or his designee may
transfer him to such facility for care or treatment. Upon effecting
any such transfer, the patient's attorney, either the patient's spouse,
guardian, adult next of kin or friend and the committing court shall be
immediately notified of such transfer. Any patient transferred as herein
provided shall be deemed to be in the custody of such facility to the same
extent and subject to the same limitations as if he had been ordered to be
placed in its custody under section 66-329, Idaho Code.
(c) Records
pertaining to the patient and retained by the sending facility shall be
forwarded to the receiving facility within a reasonable time prior to or after
the patient's transfer.
(d) Jurisdiction is
retained in appropriate courts of this state at any time to inquire into the
mental condition of any patient so transferred and to determine the necessity
for continuance of the commitment.
§ 66-335.
COMMITMENT OF MENTALLY ILL CONVICTS.
Mentally ill convicts may be received into said facilities
in accordance with rules and regulations adopted by the board of health and
welfare acting in conjunction with the state board of correction.
§ 66-337.
REVIEW, TERMINATION OF COMMITMENT AND DISCHARGE OF
PATIENTS.
(a) The department director or his designee shall as
frequently as practicable but at least once at the end of the first ninety (90)
days examine or cause to be examined every patient committed to his custody or
admitted to an inpatient facility of the state of Idaho, and determine whether
to conditionally release, discharge or terminate the commitment of the patient.
If the patient has not been conditionally released, discharged, or had the commitment
terminated a similar review shall be conducted every one hundred twenty (120)
days thereafter. A report of each review and determination regarding an
involuntary patient shall be sent to the committing court, prosecuting attorney
of the county of commitment, if any, the patient's attorney, and either the
patient's spouse, guardian, next of kin or friend.
(b) The commitment of
an involuntary patient shall be terminated if the patient is no longer mentally
ill or is no longer likely to injure himself or others or is no longer gravely
disabled; provided, that patients admitted under section 18-214, Idaho Code,
acquitted of criminal charges filed prior to July 1, 1982, on grounds of mental
disease or defect, or committed pursuant to sections 18-212(4) and 66-329,
Idaho Code, as unfit to proceed, may not be released from an inpatient facility
unless thirty (30) days before such release, the department director or his
designee shall notify the committing court and prosecuting attorney of the
contemplated release.
(c) Upon notification
of intention to release from an inpatient facility either a patient admitted
under section 18-214, Idaho Code, acquitted of criminal charges filed prior to
July 1, 1982, on grounds of mental disease or defect, or committed pursuant to
sections 18-212(4) and 66-329, Idaho Code, as unfit to proceed, and upon motion
of an interested party or the court on its own motion, the court shall
determine whether the conditions justifying such release exist. In making such
determination, the court may order an independent examination of the patient.
The cost of such independent examination must be borne by the party making the
motion or, if indigent, the county having jurisdiction of the case. If no
motion is made, the patient may be released according to the notice.
(d) Section 18-214,
Idaho Code, shall remain in full force and effect for every individual
previously acquitted pursuant to section 18-213, Idaho Code.
Section 18-214, Idaho Code, as last amended by section 2,
chapter 13, laws of 1977, which is placed here for reference only and is not a
reenactment of section 18-214, Idaho Code, and reads as follows:
§ 18-214. Commitment of acquitted defendant -- Conditional release --
Revocation of release within five years.
(1) When a defendant is acquitted on
the ground of mental disease or defect excluding responsibility, the court
shall order him to be committed to the custody of the director of the
department of health and welfare to be placed in an appropriate institution for
custody, care and treatment.
(2)
If the director of the department of health and welfare is of the view
that a person committed to his custody, pursuant to paragraph (1) of this
section, may be discharged or released on condition without danger to himself
or to others, he shall make application for the discharge or release of such
person in a report to the court by which such person was committed and shall
transmit a copy of such application and report to the prosecuting attorney of
the county from which the defendant was committed. The court shall thereupon
appoint at least two (2) qualified psychiatrists to examine such person and to
report within sixty (60) days, or such longer period as the court determines to
be necessary for the purpose, their opinion as to his mental condition. To
facilitate such examination and the proceedings thereon, the court may cause
such person to be confined in any institution located near the place where the
court sits, which may hereafter be designated by the director of the department
of health and welfare as suitable for the temporary detention of irresponsible
persons.
(3)
If the court is satisfied by the report filed pursuant to paragraph (2)
of this section and such testimony of the reporting psychiatrists as the court
deems necessary that the committed person may be discharged or released on
condition without danger to himself or others, the court shall order his
discharge or his release on such conditions as the court determines to be
necessary. If the court is not so satisfied, it shall promptly order a hearing
to determine whether such person may safely be discharged or released. Any such
hearing shall be deemed a civil proceeding and the burden shall be upon the
committed person to prove that he may safely be discharged or released.
According to the determination of
the court upon the hearing, the committed person shall thereupon be discharged
or released on such conditions as the court determines to be necessary, or
shall be recommitted to the custody of the director of the department of health
and welfare, subject to discharge or release only in accordance with the
procedure prescribed above for a first hearing.
(4)
If, within five (5) years after the conditional release of a committed
person, the court shall determine, after hearing evidence, that the conditions
of release have not been fulfilled and that for the safety of such person or
for the safety of others his conditional release should be revoked, the court
shall forthwith order him to be recommitted to the custody of the director of
the department of health and welfare subject to discharge or release only in
accordance with the procedure prescribed above for a first hearing.
(5)
A committed person may make application for his discharge or release to
the court by which he was committed, and the procedure to be followed upon such
application shall be the same as that prescribed above in the case of an
application by the director of the department of health and welfare. However,
no such application by a committed person need be considered until he has been
confined for a period of not less than six (6) months from the date of the
order of commitment and if the determination of the court be adverse to the
application, such person shall not be permitted to file a further application
until one (1) year has elapsed from the date of any preceding hearing on an
application for his release or discharge.
(6)
If a defendant escapes from custody during his confinement, the director
shall immediately notify the court from which committed, the prosecuting
attorney and the sheriff of the county from which committed. The court shall
forthwith issue an order authorizing any health officer, peace officer, or the
director of the institution from which the defendant escaped, to take the
defendant into custody and immediately return him to his place of confinement.
§ 66-338.
CONDITIONAL RELEASE.
Except for patients confined pursuant to section 16-1835, 18-211, 18-212, 18-214, or 20-520, Idaho
Code, upon determining that a patient may be released without imminent risk or
harm due to mental illness, the department director or his designated
representative may release a patient from an inpatient treatment facility on
the condition that the patient receive outpatient treatment pursuant to a
written treatment plan as specified by the department director or his designee
or as amended pursuant to this chapter. For purposes of this chapter,
"conditional release" shall refer to the situation in which a patient
is discharged from an inpatient treatment facility and dispositioned
to an outpatient facility, but shall not include absences, such as escape or
other absences wherein the patient is expected to return to the inpatient
facility upon a certain date or occurrence of an event.
§ 66-339.
REHOSPITALIZATION OF PATIENTS CONDITIONALLY RELEASED FROM INPATIENT
TREATMENT FACILITIES -- PROCEDURE.
(a) Proceedings for the rehospitalization
of a patient conditionally released from an inpatient treatment facility may be
commenced by the filing of a written application with a court of competent
jurisdiction by a prosecuting attorney, judge, designated examiner or other
person interested in the patient's welfare.
(b) The application
shall state the patient's name and last known address; the name and address of
either the patient's spouse, guardian, next of kin or friend, if any; and a
simple and precise statement of the facts showing that either the patient has
violated a condition of the release or is in need of outpatient commitment, or
is again in need of placement in an inpatient treatment facility.
(c) Upon receipt of
an application, the court shall issue notice of the time and place of hearing
not more than five (5) days, excluding Saturdays, Sundays and holidays, from
the filing of the application, ensure that the notice and copy of the
application are served on the patient, ensure that the patient is represented
by counsel and is advised of his or her right to challenge the allegations of
the application, ensure that the patient is examined by two (2) designated
examiners; and enter such supplemental orders as may be necessary to protect
the patient pending the hearing.
(d) The court shall
authorize an outpatient commitment as set out in section 66-339A, Idaho Code,
or authorize a dispositioner to enter a change in
disposition to an inpatient treatment facility if, at the hearing, conducted
substantially as a hearing under section 66-329, Idaho Code, the court finds by
clear and convincing evidence that the patient:
(1)
Has a mental illness;
(2)
Either (i) has violated a condition of the
release or (ii) is again in need of placement in an inpatient treatment
facility; and
(3)
Either (i) is likely to injure himself or
others; (ii) is gravely disabled; or (iii) that the course of the patient's
particular mental disorder is such that the patient is likely to injure himself
or others or become gravely disabled in the foreseeable future if the patient
is not placed in an inpatient treatment facility.
(e) Within
twenty-four (24) hours of the court's authorization, a dispositioner
shall determine the least restrictive available inpatient treatment facility
consistent with the needs of the patient to be rehospitalized.
Within seventy-two (72) hours of the court's authorization, the sheriff of the
county in which the patient is present shall transport the patient to the
facility designated by the dispositioner. The
department of health and welfare shall assume responsibility for the usual and
customary treatment costs, as defined in section 66-327(b), Idaho Code, after
the patient is dispositioned and transported to a
state facility.
§ 66-339A.
OUTPATIENT COMMITMENT.
A person may be committed to outpatient treatment for a
period of up to one (1) year if, after a court hearing conducted substantially
similar to the one outlined in section 66-329, Idaho Code, the court
determines, on the basis of clear and convincing evidence that:
(1)
The person is diagnosed as having a mental illness; and
(2)
The person, without the requested treatment:
(a) Is likely to cause harm to himself or to
suffer substantial mental or emotional deterioration, or become gravely
disabled, or
(b) Is likely to cause harm to others; and
(3)
The person lacks capacity to make an informed decision concerning his
need for treatment; and
(4)
The person has previously been hospitalized for treatment of mental
illness and has by history substantially failed to comply on one (1) or more
occasions with the prescribed course of treatment outside the hospital; and
(5)
A treatment plan has been prepared which includes specific conditions
with which the patient is expected to comply, together with a detailed plan for
reviewing the patient's medical status and for monitoring his or her compliance
with the required conditions of treatment; and
(6)
There is a reasonable prospect that the patient's disorder will respond
to the treatment proposed in the treatment plan without having to be
involuntarily committed to an inpatient facility if the patient complies with
the treatment requirements specified in the court's order; and
(7)
The physician or treatment facility which is to be responsible for the
patient's treatment under the commitment order has agreed to accept the
patient.
§ 66-339B.
OUTPATIENT COMMITMENT HEARING.
(1) Proceedings for the involuntary care and treatment of a
person with a mental illness in an outpatient setting by the department may be
commenced by the filing of a written application with a court of competent
jurisdiction by a friend, relative, spouse or guardian of the proposed patient,
or by a licensed physician, prosecuting attorney, or other public official of a
municipality, county or of the state of Idaho, regional mental health authority
(RMHA) treating professional, or the director of any facility in which such
patient may be.
(2) The application
shall state: (i) the name and last known address of
the proposed patient; (ii) the name and address of either the spouse, guardian,
next of kin or friend of the proposed patient; (iii) that more restrictive
treatment would be necessary or required if the illness progressed as prior
history indicated; (iv) if the proposed patient is, at the time of the
application, a voluntary patient; (v) a simple and precise statement showing
that the proposed patient has previously been diagnosed with a mental illness,
that the proposed patient has previously refused to accept treatment outlined
in a treatment plan, and is now refusing such treatment; (vi) the observations indicating
the current progression of the illness, that the expected progression would
more than likely result in a condition where the proposed patient is likely to
injure himself or others or suffer substantial mental or emotional
deterioration, or likely to become gravely disabled; and (vii) whether or not
there is a less restrictive alternative.
(3) Any such petition
shall be accompanied by the report of a designated examiner stating that he has
personally examined the proposed patient within the last fourteen (14) days and
is of the opinion that the proposed patient (i) has a
history of mental illness; (ii) that as a result of the progression of this
illness the proposed patient without treatment is likely to injure himself or
others or suffer substantial mental or emotional deterioration, or become
gravely disabled; (iii) that the proposed patient has a treatment plan that can
be satisfied by outpatient services; (iv) that the proposed patient has failed
to comply on one (1) or more occasions with a prescribed course of treatment;
and (v) that the proposed patient now refuses or lacks the capacity to make
informed decisions about the necessity for continued treatment, or (vi) a
written statement by the applicant that the proposed patient has refused to
submit to examination by a designated examiner. The designated examiner shall
report his findings as to the mental condition of the proposed patient and the
appropriateness of the patient receiving treatment in an outpatient commitment
setting or in an inpatient facility to the court within the forty-eight (48)
hours. The report shall be in the form of a written certificate which shall be
filed with the court.
(a)
If the designated examiner's certificate states a belief that the
proposed patient meets the above established criteria for outpatient commitment
the judge of such court shall issue an order authorizing any regional mental
health authority, health officer, peace officer, or director of a facility to
take the proposed patient to an outpatient facility in the community in which
the proposed patient is residing or to the nearest place of treatment as
designated by the RMHA. In addition, the court shall authorize treatment as
described in the treatment plan. The conditions of the treatment plan shall be
specified, and a copy of that treatment plan shall be provided to the patient
as soon as practicable after the hearing. Under no circumstances shall the
proposed patient be detained in a nonmedical unit
used for the detention of individuals charged with or convicted of penal
offenses.
(b)
If the designated examiner's certificate states a belief that the
proposed patient does not meet the above established criteria for outpatient
commitment, the court may terminate the proceedings and dismiss the application
without taking any further action.
(4) An opportunity to
be represented by counsel shall be afforded to every patient proposed for an
outpatient commitment, and if neither the proposed patient nor others provide
counsel, the court shall appoint counsel in accordance with chapter 8, title
19, Idaho Code, no later than the time the petition is received by the court.
Notice of the petition shall be given to the RMHA by the clerk of the court by
mailing to an address the RMHA shall provide. In addition to the right to
counsel, the proposed patient shall be afforded 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 presence at the hearing would be detrimental to the proposed patient's
health or would unduly disrupt the proceedings.
(5) The hearing shall
be held at a facility, at the home of the proposed patient, or at any other
suitable place not likely to have a harmful effect on the proposed patient's
physical or mental health. Venue for the hearing shall be in the county of
residence of the proposed patient, unless the patient waives the right to have
venue fixed there. The court on its own motion may find that venue in the
county where the proposed patient is found is proper, if it is in the best
interest of the proposed patient. A record of the proceedings shall be made as
for other civil hearings. The hearing shall be conducted in as informal a
manner as may be consistent with the rules of evidence.
(6) In all
proceedings under this section, any existing provision of the law prohibiting
the disclosure of confidential communications between the designated examiner
and proposed patient shall not apply and any designated examiner who shall have
examined the proposed patient shall be a competent witness to testify as to the
proposed patient's condition.
(7) If, upon
completion of the hearing and consideration of the record, the court finds by
clear and convincing evidence that the proposed patient:
(a)
Has a mental illness; and
(b)
Has a prescribed course of treatment for this mental illness; and
(c)
Has failed to comply with a prescribed course of treatment on one (1) or
more occasions outside an inpatient facility; and
(d)
Because of a deterioration resulting from the failure to comply with the
prescribed course of treatment is likely to suffer substantial mental or
emotional deterioration or be likely to injure himself or others, or become
gravely disabled due to mental illness; the court shall order the proposed
patient committed to the department only for the purposes of outpatient
commitment for an indeterminate period of time not to exceed one (1) year.
The conditions of the treatment plan shall be specified, and
a copy of that treatment plan shall be provided to the patient as soon as practicableafter the hearing. The RMHA, through its dispositioner, shall determine within twenty-four (24)
hours the least restrictive available outpatient facility consistent with the
needs of the patient and the treatment plan.
The order of outpatient commitment shall state: (i)
whether the proposed patient lacks capacity to make informed
decisions about treatment; and (ii) the name and address of the patient's
attorney; and (iii) either the patient's spouse, guardian, adult next of kin,
or friend; and (iv) whether or not the patient may be involuntarily medicated
with medication described in the treatment plan.
(8) If at any time
during the one (1) year (or any subsequent) outpatient commitment a patient
substantially fails or refuses to comply with the treatment plan, as it may be
amended from time to time by the treating facility or physician, the physician
or place of treatment to whose care the patient was dispositioned
shall proceed in accordance with section 66-339C, Idaho Code.
(9) Notwithstanding other
provisions of these statutes, and subject to the provisions of federal law,
staff of a facility in which patients are being treated may communicate with
outpatient clinicians without patient consent in order to develop outpatient
treatment plans.
(10) Nothing in this chapter or in any rule adopted pursuant
thereto shall be construed to authorize the detention or involuntary outpatient
commitment of an individual who:
(a)
Is epileptic, mentally deficient, mentally retarded, impaired by chronic
alcoholism or drug abuse, or aged, unless in addition to such condition, such
person is mentally ill; or
(b)
Is a patient under treatment by spiritual means alone, through prayer,
in accordance with the tenets and practices of a recognized church or religious
denomination by a duly accredited practitioner thereof and who asserts to any
authority attempting to detain him that he is under such treatment and who
gives the name of a practitioner so treating him to such authority.
(11) The commitment shall continue for an indeterminate time
not to exceed one (1) year. It may be terminated sooner by the RMHA, the
treating physician, or the court. It may be renewed upon application under this
section by the RMHA, the treating physician, relative, spouse, guardian, or
prosecuting attorney, upon the failure of the patient to continue with a
treatment plan.
It may be terminated sooner by the RMHA, the treating
physician, or upon application of the patient if the patient is no longer
mentally ill, or is no longer in need of following a treatment plan.
§ 66-339C.
NONCOMPLIANCE WITH COURT ORDER.
(1) If a patient fails to comply with the requirements
specified in the outpatient commitment order, and the RMHA, the physician or
staff of the treatment facility believes that there is a significant risk of
deterioration in the patient's conditions, the director of the facility,
physician, or RMHA shall notify law enforcement.
(2) The outpatient
commitment order constitutes a continuing authorization for law enforcement, upon
request of the director of the outpatient facility, the physician, or the RMHA,
to transport the patient to the designated outpatient treatment facility or the
physician's office for the purpose of making reasonable efforts to obtain the
person's compliance with the requirements of the outpatient commitment order.
However, the patient may not be detained at the facility or the physician's
office for more than one (1) hour, and may not be physically coerced to take
prescribed medications unless the court has entered on the outpatient
commitment order an authorization for the nonconsensual delivery of prescribed
medication. If a patient has been involuntarily medicated, a report of such
action shall be made within twenty-four (24) hours to the court, the patient's
guardian, or next of kin by the treatment provider.
(3) If a patient
fails to comply with the requirement of the court order, and the RMHA, the
physician or staff of the treatment facility believes that there is a
significant risk of deterioration, the RMHA, the director of the facility or
the physician shall notify the original petitioner for outpatient commitment
and the prosecuting attorney of the county where the patient is found and shall
recommend an appropriate disposition.
Within seventy-two (72) hours of receiving the notice
transmitted pursuant to this section that a patient has failed to comply with the requirements
of the outpatient commitment order, the original petitioner for outpatient
commitment, the RMHA and the prosecuting attorney of the county where the
patient is found or resides may petition the court for a supplemental hearing,
or may proceed under any other section of this chapter. If a petition for
supplemental hearing is filed, the court shall hold a supplemental hearing in
accordance with the procedures specified in section 66-329, Idaho Code, within
forty-eight (48) hours. After hearing evidence concerning the patient's current
condition and compliance with the court order, the court shall make whichever
of the following dispositions it deems appropriate:
(a)
Upon finding that hospitalization is necessary to prevent the patient
from harming himself or others or to prevent substantial deterioration of the
patient's mental or emotional conditions, the court shall order a commitment
proceeding under section 66-329, Idaho Code, and may temporarily commit the
patient to an inpatient facility pending hearing on a petition or application
for commitment to an inpatient facility.