§ 66-101. Charitable institutions commission creation. [Obsolete.]

§ 66-102 — 66-111. Powers and procedures. [Repealed.]

§ 66-112, 66-113. Name change — Compensation of board members. [Obsolete.]

§ 66-114. Transfer of powers and duties of charitable institutions commission to board of health and welfare.

The board of health and welfare of the state of Idaho shall exercise all powers, duties and privileges conferred upon the charitable institutions commission by title 66, Idaho Code, except as herein repealed, and also all the powers, duties and privileges conferred upon the charitable institutions commission by title 67, Idaho Code.

§ 66-115. Officially naming the state hospitals.

The hospital located at Blackfoot, in the county of Bingham, shall be known as the state hospital south; the hospital located at Orofino, in the county of Clearwater, shall be known as the state hospital north; the hospital located at Nampa, in the county of Canyon, shall be known as the southwest Idaho treatment center.

§ 66-116. Institutions under the jurisdiction of the board.

State hospital south, state hospital north and southwest Idaho treatment center shall be under the management and control of the board of health and welfare.

§ 66-117. Transfer of property to board.

All funds, papers, records and files of the charitable institutions commission of the state of Idaho are hereby transferred to the board of health and welfare.

§ 66-118. Powers and duties of the board — Hospitals managed by — Annual report.

The board shall have complete authority to manage and operate the state hospital north, at Orofino; the state hospital south, at Blackfoot; the southwest Idaho treatment center at Nampa; with authority to establish professional standards of qualifications for doctors, nurses, superintendents, general managers, farm managers, attendants, and all other personnel and may employ a general business manager for each of said hospitals, and hospital personnel at said hospitals and medical superintendents for each of said hospitals, at its discretion, or a superintendent, or director, or manager who may be over all hospitals. The board shall have complete authority to, or it is the duty of the board:

1. To make rules for the government of said hospitals and to define the duties of all employees; provided, that the members of the board shall not be personally liable for any act of any employee done in violation of any law, or contrary to any rule of the board; nor shall any administrative employee of the board be responsible for the act of any other employee done in violation of any laws of the state, or rule of the board, or order of the administrative employee;
2. To receive, take and hold property, both real and personal, in trust for the state and for the use and benefit of such hospitals;
3. To visit each of said hospitals at such times as it deems necessary and to keep itself advised of all expenses and the condition of buildings and property, the safety and treatment of patients, and require the general manager or superintendent to make periodic reports as to the condition of each hospital and treatment of the patients;
4. To require the keeping of a complete and accurate set of books of each hospital in accordance with the accounting required of other institutions of the state; to examine and audit the expenditures of each hospital and to certify the same to the state controller. The board shall require that all itemized bills, purchases and other expenditures made, must be examined and approved by the head of the hospital making such purchases or expenditures and then the same must be certified by the board, and transmitted to the state controller to be reviewed and allowed in the same manner as other accounts against the state are reviewed and allowed. When allowed the state controller must draw his warrant on the state treasurer for the amount so reviewed and allowed, and the state treasurer is hereby authorized and required to pay the same out of any money in the state treasury appropriated therefor;
5. To make rules and fix the terms and conditions of payment of costs of care and treatment of mentally ill persons who are not indigent or who are not residents of the state, who are admitted to said state hospital north, state hospital south, or southwest Idaho treatment center, all receipts from such persons to be paid into the state treasury and credited to salaries and wages, other current expense, or capital outlay of the general fund of the remitting hospital, at the discretion of the board;
6. To enter into reciprocal agreements with similar boards of other states for the transfer of residents of those states, who have been involuntarily hospitalized to any of the aforesaid hospitals in this state, or the transfer of Idaho residents, who have been involuntarily hospitalized to similar hospitals in those states, to the appropriate hospital in this state;
7. To recognize that or to proceed on the fact that any order of involuntary hospitalization of an Idaho resident, by judicial action of another state, shall be sufficient for admitting such resident, without further judicial action in this state, to a similar hospital in this state;
8. To remove patients in case of necessity, or when they feel it is for the betterment of the patient’s welfare, to an appropriate place at the discretion of the board, and to make necessary negotiations to carry out such a procedure;
9. To purchase insurance for any of the medical staff in any of the hospitals against liability for alleged malpractice by reason of any act, or omission, while in the service of the state of Idaho;
10. To remove and transfer from one (1) state hospital to another, or from a state hospital to a private hospital, or to a hospital of another state, or other government agency, any person confined therein, for the purpose of grouping together classes of mentally ill persons, or to give them better medical aid and care;
11. To report to the governor each year, a statement of receipts and expenditures, the condition of each hospital, the number of patients under treatment at each hospital during the preceding year and such other matters as may be pertinent, and to make an annual report to the governor in substantially the same manner on or before December 1 prior to each regular session of the legislature;
12. To delegate to the head of the hospital, or to a director or superintendent, or manager of all hospitals the powers and duties vested by law in the board, at its discretion;
13. To initiate, create, or promote procedures, policies and practices either as a body or in cooperation with other governmental departments or agencies for the general welfare and betterment of the mental health of the people of the state of Idaho.

§ 66-119. Pecuniary interest in contracts forbidden.

No member of the board, or its employees, or any other employee of the state of Idaho may be pecuniarily interested in any contract for supplies furnished said hospitals.

§ 66-201 — 66-203. State hospitals, charitable institutions commission. [Repealed.]

§ 66-204. Parole. [Repealed.]

§ 66-205 — 66-212. State hospitals — Procedures. [Repealed.]

§ 66-301 — 66-316. Commitment to insane asylums — Procedures. [Repealed.]

§ 66-317. Definitions.

As used in this chapter, terms shall have the following meanings:

1. “Department director” means the director of the state department of health and welfare.
2. “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 observation, diagnosis, evaluation, care or treatment pursuant to section 66-318, Idaho Code.
3. “Involuntary patient” means an individual committed pursuant to section 18-212, 66-329 or 66-1201, Idaho Code, or committed pursuant to section 16-1619 or 20-520, Idaho Code, and admitted to a facility for the treatment of minors.
4. “Licensed physician” means an individual licensed under the laws of this state to practice medicine or a medical officer of the government of the United States while in this state in the performance of his official duties.
5. “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.
6. “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.
7. “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.
8. “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.
9. “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.
10. “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.
11. “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; or
    3. The proposed patient lacks insight into his need for treatment and is unable or unwilling to comply with treatment and, based on his psychiatric history, clinical observation or other clinical evidence, if he does not receive and comply with treatment, there is a substantial risk he will continue to physically, emotionally or mentally deteriorate to the point that the person will, in the reasonably near future, inflict physical harm on himself or another person. (12) “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 or through outpatient treatment.

(13) “Gravely disabled” means a person who, as the result of mental illness, is:

(a) In danger of serious physical harm due to the person’s inability to provide for any of his own basic personal needs, such as nourishment, or essential clothing, medical care, shelter or safety; or

(b) Lacking insight into his need for treatment and is unable or unwilling to comply with treatment and, based on his psychiatric history, clinical observation or other clinical evidence, if he does not receive and comply with treatment, there is a substantial risk he will continue to physically, emotionally or mentally deteriorate to the point that the person will, in the reasonably near future, be in danger of serious physical harm due to the person’s inability to provide for any of his own basic personal needs such as nourishment, essential clothing, medical care, shelter or safety.

(14) “Outpatient treatment” means mental health treatment, not involving the continuous supervision of a person in an inpatient setting, that is reasonably designed to alleviate or to reduce a person’s mental illness or to maintain or prevent deterioration of the person’s physical, mental or emotional functioning. Mental health services or treatment 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.

(15) “Protection and advocacy system” means the agency designated by the governor as the state protection and advocacy system pursuant to 42 U.S.C. section 15043 and 42 U.S.C. sections 10801 et seq.

(16) “Holding proceedings in abeyance” means an alternative to judicial commitment based upon an agreement entered into by all parties, including the proposed patient, and agreed to by the court, providing for voluntary conditions of treatment, which holds in a state of suspension or inactivity the petition for involuntary commitment.

§ 66-318. Authority to admit voluntary patients — Denial of admission.

1. The director of any facility or a practitioner granted admitting privileges pursuant to chapter 13, title 39, Idaho Code, may admit as a voluntary patient the following persons for observation, diagnosis, evaluation, care or treatment of mental illness:
   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, care or 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 section 18-211 or 20-520, Idaho Code.
2. The director of any facility or a practitioner granted admitting privileges pursuant to chapter 13, title 39, Idaho Code, must refuse admission to any applicant under this section whenever:
   1. The applicant is determined not to be in need of observation, diagnosis, evaluation, care or treatment at the facility;
   2. The applicant is determined to lack 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 section 20-520 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.

1. 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.
2. 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.
3. 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.
4. 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.

§ 66-322. Appointment of guardian for individuals lacking capacity to make informed decisions about treatment — Judicial procedure.

1. 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.
2. 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.
3. 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.
4. 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 [subsection] (c) above, if necessary.
5. 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.
6. 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.
7. 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.
8. 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 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.
9. 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.
10. 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.
11. 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 [subsection] (i) above. The petition for continued authority shall be accompanied by the certificate of the treating professional meeting the requirements of subparagraph [subsection] (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.
12. 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.

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.

(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.

§ 66-323. Release

Notice. [Repealed.]

§ 66-324. Authority to receive involuntary patients.

The director of any facility, or a practitioner granted admitting privileges pursuant to chapter 13, title 39, Idaho Code, is authorized to receive in the facility for observation, diagnosis, evaluation, care or treatment any individual:

1. Committed to the department director pursuant to section 16-1619, 20-520, 18-212 or 66-329, Idaho Code;
2. Transferred pursuant to section 66-1201, Idaho Code; or
3. Detained or transferred pursuant to section 66-326, Idaho Code.

§ 66-326. Detention without hearing.

1. No person shall be taken into custody or detained as an alleged emergency patient for observation, diagnosis, evaluation, care or treatment of mental illness 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, or the person may be detained at a hospital at which the person presented or was brought to receive medical or mental health care, if the peace officer or a physician medical staff member of such hospital or a physician’s assistant or advanced practice registered nurse practicing in such hospital 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. For purposes of this section, the term “peace officer” shall include state probation and parole officers exercising their authority to supervise probationers and parolees. Whenever a person is taken into custody or detained 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 or detained.
2. If the court finds the individual to be gravely disabled due to mental illness or imminently dangerous under subsection (1) 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.
3. Where an examination is required under subsection (2) of this section, the designated examiner shall make his findings and report to the court within twenty-four (24) hours of the examination.
4. 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 from the facility.
5. 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 detaining or taking the person into custody.
6. Nothing in this section shall preclude a hospital from transferring a person who has been detained under this section to another facility that is willing to accept the transferred individual for purposes of observation, diagnosis, evaluation, care or treatment.

§ 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 or in the district court of any other county of this state where such person is found.

§ 66-329. Commitment to department director upon court order — Judicial procedure.

1. 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, by a licensed physician, by a physician assistant or advanced practice registered nurse practicing in a hospital, by a 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.
2. The application shall state the name and last known address of the proposed patient; the name and address of 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; whether 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.
3. 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;
4. 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 that 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.
5. 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. (6) Upon receipt of such application and designated examiners’ reports, the court shall appoint a time and place for a 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 petitioner, or upon motion of the proposed patient and attorney, and for good cause shown, the court may continue the hearing up to an additional five (5) days during which time, for good cause shown, the court may authorize treatment.
   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;
   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.

or a written statement by the applicant that the proposed patient has refused to submit to examination by a designated examiner.

(7) 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.

(8) If the involuntary detention was commenced under this section, 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 or in the county where the proposed patient was found immediately prior to commencement of such proceedings.

(9) 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.

(10) 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.

(11) If, upon completion of the hearing and consideration of the record, and after consideration of reasonable alternatives including, but not limited to, holding the proceedings in abeyance for a period of up to thirty (30) days, the court finds by clear and convincing evidence that the proposed patient:

the court shall order the proposed patient committed to the custody of the department director for observation, care, and treatment 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 or outpatient treatment, consistent with the needs of each patient committed under this section for observation, care, and treatment. (12) The commitment order constitutes a continuing authorization for the department of health and welfare, law enforcement, or director of a facility, upon request of the director of the outpatient facility, the physician, or the department director through his dispositioner, to transport a committed patient to designated outpatient treatment for the purpose of making reasonable efforts to obtain the committed patient’s compliance with the terms and conditions of outpatient treatment. If the director of the outpatient facility, the treating physician, or the department director through his dispositioner determines any of the following:

(a) The patient is failing to adhere to the terms and conditions of outpatient treatment or the patient refuses outpatient treatment after reasonable efforts at compliance have been made; or

(b) Outpatient treatment is not effective after reasonable efforts have been made;

the department director through his dispositioner shall cause the committed patient to be transported by the department of health and welfare, law enforcement, or director of a facility to the least restrictive available facility for observation, care, and treatment on an inpatient basis. Within forty-eight (48) hours of a committed patient’s transfer from outpatient treatment to a facility for inpatient treatment, the department director through his dispositioner shall notify the court that originally ordered the commitment, the committed patient’s attorney, and the committed patient’s spouse, guardian, adult next of kin, or friend of the change in disposition and provide a detailed affidavit reciting the facts and circumstances supporting the transfer from outpatient treatment to inpatient treatment at a facility. The court shall conduct an ex parte review of the notice and affidavit within forty-eight (48) hours of filing and determine whether the change in disposition from outpatient treatment to inpatient treatment at a facility is supported by probable cause. In no event shall the calculation of forty-eight (48) hours provided for in this subsection include holidays formally recognized and observed by the state of Idaho, nor shall the calculation include weekends. If the court determines that probable cause exists, the department director through his dispositioner shall continue with care and treatment on an inpatient basis at the least restrictive available facility. Within twenty-four (24) hours of a finding of probable cause, the court shall issue an order to show cause why the patient does not meet the conditions in paragraph (a) or (b) of this subsection. The order shall be served on the committed patient, the committed patient’s attorney and the committed patient’s spouse, guardian, adult next of kin, or friend. The patient shall have fifteen (15) days to present evidence that the conditions in paragraph (a) or (b) of this subsection have not been met. In no event shall the calculation of twenty-four (24) hours provided for in this subsection include holidays formally recognized and observed by the state of Idaho, nor shall the calculation include weekends. If the court determines that a change in disposition from outpatient treatment to inpatient treatment does not meet the conditions in paragraph (a) or (b) of this subsection, the department director through his dispositioner will continue with outpatient treatment on the same or modified terms and conditions. Nothing provided in this section shall limit the authority of any law enforcement officer to detain a patient pursuant to the emergency authority conferred by section 66-326, Idaho Code.

(13) 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:

(a) Has epilepsy, a developmental disability, a physical disability, an intellectual disability, is impaired by chronic alcoholism or drug abuse, or aged, unless in addition to such condition, such person is mentally ill;

(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; or

(14) 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 the patient’s spouse, guardian, adult next of kin, or friend.

(15) If the patient has no spouse or guardian and if the patient has property that 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.

(16) The commitment shall continue until terminated and shall be unaffected by the patient’s conditional release or change in disposition.

§ 66-329A. [Amended and Redesignated.]

§ 66-330. Transportation — Temporary detention — Notice.

1. 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.
2. 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.
3. 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.

1. 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.
2. 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.
3. 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.
4. 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 District of Columbia in respect to the authority of the chief officer of any facility of an agency of the United States with respect to detention, custody, transfer, conditional release or discharge under this section.

§ 66-332. Notice of commitment. [Repealed.]

§ 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.

1. 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.
2. 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.
3. 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.
4. 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.

§ 66-336. Any person mentally ill may be hospitalized. [Repealed.]

§ 66-337. Review, termination of commitment and discharge of patients.

1. 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.
2. 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.
3. 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.
4. 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:

(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.

§ 66-339. Rehospitalization of patients conditionally released from inpatient treatment facilities

Procedure. [Repealed.]

§ 66-339A. Outpatient commitment. [Repealed.]

§ 66-339B. Outpatient commitment hearing. [Repealed.]

§ 66-339C. Noncompliance with court order. [Repealed.]

§ 66-340. Appeal from order of rehospitalization. [Repealed.]

§ 66-341. Exemptions from liability.

No agency, public or private facility, nor an employee of a public or private facility, nor the superintendent, professional person in charge, or attending staff of any such facility, nor any public official performing functions necessary to the administration of this chapter, nor a peace officer responsible for detaining or transporting a person pursuant to this chapter, shall be civilly or criminally liable for detaining, failing to detain, diagnosing, transporting, treating or releasing a person pursuant to this chapter; provided that such duties were performed according to the procedures of this chapter in good faith and without gross negligence.

§ 66-342. Change in disposition

Appeal. [Repealed.]

§ 66-343. Petition for reexamination of order of commitment.

All patients committed pursuant to section 66-329, Idaho Code, shall be entitled to a reexamination of the order for or conditions of his commitment on his own petition, or that of his legal guardian, parent, spouse, relative, attorney or friend, to the district court of the county in which the patient was committed or is found. Within three (3) years of the effective date of this act, the department shall petition for the reexamination of all patients committed pursuant to section 66-329, Idaho Code, prior to the effective date of this act. Upon receipt of the petition the court shall determine whether the conditions justifying involuntary care and treatment continue to exist except that such proceedings shall not be required to be conducted if the petition is filed sooner than four (4) months after the issuance of the order of commitment or sooner than one (1) year after the filing of a previous petition under this section.

§ 66-344. Right to humane care and treatment.

Every patient shall be entitled to humane care and treatment.

§ 66-345. Restraints and seclusion.

Restraints shall not be applied to a patient nor shall a patient be secluded unless it is determined that such restraint or seclusion is necessary for the patient’s safety or for the safety of others. Every instance of a restraint or seclusion of a patient shall be documented in the clinical record of the patient. In addition, every instance of a restraint or seclusion shall be evaluated and the evaluation and reasons for such restraint or seclusion shall be made a part of the clinical record of the patient under the signature of a licensed physician or, as delegated through the bylaws of the hospital’s medical or professional staff, other practitioners licensed to practice independently. Whenever a peace officer deems it necessary to apply restraints to a patient while transporting the patient from one (1) facility to another and that restraint is against the medical advice of a licensed physician, the officer shall document the use of restraints in a report to be included in the clinical record.

§ 66-346. Right to communication and visitation — Exercise of civil rights.

1. Every patient shall have the following rights:
   1. To communicate by sealed mail or otherwise, with persons, inside or outside the facility and to have access to reasonable amounts of letter writing material and postage;
   2. To receive visitors at all reasonable times;
   3. To wear his own clothes; to keep and use his own personal possessions including toilet articles; to keep and be allowed to spend a reasonable sum of his own money for canteen expenses and small purchases; to have access to individual storage space for his private use;
   4. To refuse specific modes of treatment;
   5. To be visited by his attorney or any employee of his attorney’s firm, or a representative of the state protection and advocacy system at any time;
   6. To exercise all civil rights, including the right to dispose of property except property described in subsection (3) above, execute instruments, make purchases, enter into contractual relationships, and vote unless limited by prior court order;
   7. To have reasonable access to all records concerning himself.
2. Notwithstanding any limitations authorized under this section on the right of communication, every patient shall be entitled to communicate by sealed mail with the court, if any, which ordered his commitment.
3. The director of a facility may deny a patient’s rights under this section, except that the rights enumerated in subsections (a)(5) and (a)(6) of this section, shall not be denied by the director of the facility under any circumstances. Only in cases of emergency or when a court has determined that a patient lacks capacity to make informed decisions about treatment, may the director of a facility deny a patient’s rights under subsection (a)(4) of this section. A statement explaining the reasons for any denial of a patient’s rights shall be immediately entered in his treatment record and if the patient has been committed pursuant to court order, copies of such statement shall be submitted to the committing court and sent to the patient’s spouse, guardian, adult next of kin or friend and attorney, if any.
4. A list of the foregoing rights shall be prominently posted in all facilities and brought to the attention of the patient by such means as the board of health and welfare shall designate.

§ 66-348. Disclosure of information.

All certificates, applications, records, and reports made for the purpose of this act and directly or indirectly identifying a patient or former patient or an individual whose involuntary assessment, detention or commitment is being sought under this act shall be kept subject to disclosure according to chapter 1, title 74, Idaho Code; provided that such records may also be disclosed to any person:

1. If the individual identified, his attorney in fact for mental health care, or his legal guardian, if any, shall consent; or
2. If disclosure may be necessary to carry out any of the provisions of this act; or
3. If a court directs upon its determination that disclosure is necessary and that failure to make disclosure would be contrary to the public interest.

§ 66-349. Penalty for violation.

Any person violating any provisions of sections 66-344, 66-345, 66-346, 66-347, or 66-348[, Idaho Code,] shall be guilty of a misdemeanor and subject to a fine of not more than $500 and imprisonment for not more than one (1) year.

§ 66-350. Detention pending judicial determination.

Notwithstanding any other provision of this act, no patient with respect to whom proceedings for judicial commitment have been commenced shall be released or discharged during the pendency of such proceedings unless ordered by the court or a judge thereof upon the application of the patient, or his legal guardian, parent, spouse, or next of kin, or upon the report of the director of the facility that the patient may be discharged with safety.

§ 66-351. Repayment of money on discharge of patient.

If, at the time of the discharge of a person from any facility, or after the death and burial of any person therein confined, there remain in the custody of the director of the facility any unexpended moneys paid for the support or maintenance of such person, they must, upon demand, be repaid to the person or his personal representative.

§ 66-352. Money found on mentally ill persons — Disposition.

Any moneys, or other things of value, found on the person of a mentally ill person at the time of proceedings for involuntary commitment must be certified to by the judge and sent with such person to the facility, there to be delivered to the director of the facility who shall hold said money in trust as provided in chapter 5 of title 66, Idaho Code. All money received by or for a patient, voluntarily or involuntarily committed, while at the facility shall be placed in trust as provided in said chapter 5[, title 66, Idaho Code].

§ 66-353. Fees of designated examiner. [Repealed.]

§ 66-354. Mentally ill person with assets sufficient to pay expenses — Liability of relatives.

1. When a mentally ill person has been admitted to a state facility voluntarily or involuntarily, the director of the facility may cause an inquiry to be made as to the financial circumstances of such person and of the relatives of such person legally liable for his or her support, and if it is found that such person or said relatives, legally liable for the support of the patient, are able to pay the expenses for commitment proceedings and the charges for the care and treatment of the patient in the facility, in whole or in part, it shall be the duty of the director of the facility to collect such expenses and such charges, and if necessary to institute in the name of the state, a civil suit against the person or persons liable therefor.
2. The following relatives shall be bound by law to provide for the expenses and charges for the commitment, care and treatment of such mentally ill person referred to in this act: husband for the wife, and the wife for the husband; the parent for his or her minor child or minor children, and the children for their parents.

§ 66-356. Relief from firearms disabilities.

1. A court that:
   1. Orders commitment pursuant to section 66-329, Idaho Code;
   2. Orders commitment or treatment pursuant to section 66-406, Idaho Code;
   3. Appoints a guardian pursuant to section 66-322, Idaho Code, or section 15-5-304, Idaho Code;
   4. Appoints a conservator pursuant to section 15-5-407(b), Idaho Code;
   5. Appoints a guardian or conservator pursuant to section 66-404, Idaho Code; or
   6. Finds a defendant incompetent to stand trial pursuant to section 18-212, Idaho Code, shall make a finding as to whether the subject of the proceeding is a person to whom the provisions of 18 U.S.C. 922(d)(4) and (g)(4) apply. If the court so finds, the clerk of the court shall forward a copy of the order to the Idaho state police, which in turn shall forward a copy to the federal bureau of investigation, or its successor agency, for inclusion in the national instant criminal background check system database.
2. A person who is subject to an order, including an appointment or finding described in subsection (1) of this section, may petition the magistrate division of the court that issued such order, or the magistrate division of the district court of the county where the individual resides, to remove the person’s firearms-related disabilities as provided in section 105(a) of P.L. 110-180. A copy of the petition for relief shall also be served on the director of the department of health and welfare and the prosecuting attorney of the county in which the original order, appointment or finding occurred, and such department and office may, as it deems appropriate, appear, support, object to and present evidence relevant to the relief sought by the petitioner. The court shall receive and consider evidence, including evidence offered by the petitioner, concerning:
   1. The circumstances of the original order, appointment or finding;
   2. The petitioner’s mental health and criminal history records, if any;
   3. The petitioner’s reputation; and
   4. Changes in the petitioner’s condition or circumstances relevant to the relief sought.
3. When a court issues an order granting a petition for relief under subsection (2) of this section, the clerk of the court shall immediately forward a copy of the order to the Idaho state police, which in turn shall immediately forward a copy to the federal bureau of investigation, or its successor agency, for inclusion in the national instant criminal background check system database.

The court shall grant the petition for relief if it finds by a preponderance of the evidence that the petitioner will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest. The petitioner may appeal a denial of the requested relief, and review on appeal shall be de novo. A person may file a petition for relief under this section no more than once every two (2) years.

§ 66-357. Residence requirement met by guardian. [Repealed.]

§ 66-358. Reciprocal agreements controlled by residence definition. [Repealed.]

§ 66-359. Patient status contributing to residence requirement. [Repealed.]

§ 66-360. Commitment to veterans administration

Procedure. [Repealed.]

§ 66-361 — 66-364. Dangerously mentally ill persons and prisoners. [Repealed.]

§ 66-401. Legislative intent.

It is hereby declared by the legislature of the state of Idaho in enacting chapter 4, title 66, Idaho Code, that the citizens of Idaho who have developmental disabilities are entitled to be diagnosed, cared for, and treated in a manner consistent with their legal rights in a manner no more restrictive than for their protection and the protection of society, for a period no longer than reasonably necessary for diagnosis, care, treatment and protection, and to remain at liberty or be cared for privately except when necessary for their protection or the protection of society. Recognizing that every individual has unique needs and differing abilities, it is the purpose of the provisions of this chapter to promote the general welfare of all citizens by establishing a system which permits partially disabled and disabled persons to participate as fully as possible in all decisions which affect them, which assists such persons in meeting the essential requirements for their physical health and safety, protecting their rights, managing their financial resources, and developing or regaining their abilities to the maximum extent possible. The provisions of this chapter shall be liberally construed to accomplish these purposes.

§ 66-402. Definitions.

As used in this chapter:

1. “Adult” means an individual eighteen (18) years of age or older.
2. “Artificial life-sustaining procedures” means any medical procedure or intervention that utilizes mechanical means to sustain or supplant a vital function. Artificial life-sustaining procedures shall not include the administration of medication, and it shall not include the performance of any medical procedure deemed necessary to alleviate pain, or any procedure that could be expected to result in the recovery or long-term survival of the patient and his restoration to consciousness.
3. “Department” means the Idaho department of health and welfare.
4. “Director” means the director of the department of health and welfare.
5. “Developmental disability” means a chronic disability of a person that appears before the age of twenty-two (22) and:
   1. Is attributable to an impairment, such as intellectual disability, cerebral palsy, epilepsy, autism or other condition found to be closely related to or similar to one (1) of these impairments that requires similar treatment or services, or is attributable to dyslexia resulting from such impairments; and
   2. Results in substantial functional limitations in three (3) or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, or economic self-sufficiency; and
   3. Reflects the need for a combination and sequence of special, interdisciplinary or generic care, treatment or other services that are of lifelong or extended duration and individually planned and coordinated.
6. “Emancipated minor” means an individual between fourteen (14) and eighteen (18) years of age who has been married or whose circumstances indicate that the parent-child relationship has been renounced.
7. “Evaluation committee” means an interdisciplinary team of at least three (3) individuals designated by the director or his designee to evaluate an individual as required by the provisions of this chapter. Each committee must include a physician licensed to practice medicine in the state of Idaho, a licensed social worker or a licensed professional counselor, and a clinical psychologist or such other individual who has a master’s degree in psychology as designated by the department director. In a proceeding governed by section 66-404, Idaho Code, a licensed independent practitioner may be used instead of a physician. Each committee member must be specially qualified by training and experience in the diagnosis and treatment of persons with a developmental disability.
8. “Facility” means the southwest Idaho treatment center, a nursing facility, an intermediate care facility, an intermediate care facility for people with intellectual disabilities, a licensed residential or assisted living facility, a group foster home, other organizations licensed to provide twenty-four (24) hour care, treatment and training to the developmentally disabled, a mental health center, or an adult and child development center.
9. “Lacks capacity to make informed decisions” means the inability, by reason of developmental disability, to achieve a rudimentary understanding of the purpose, nature, and possible risks and benefits of a decision, after conscientious efforts at explanation, but shall not be evidenced by improvident decisions within the discretion allowed nondevelopmentally disabled individuals. (10) “Licensed independent practitioner” or “LIP” means:
   1. A licensed physician or physician assistant pursuant to section 54-1803, Idaho Code; or
   2. A licensed advanced practice registered nurse pursuant to section 54-1402, Idaho Code.
   3. That the respondent is unable to meet essential requirements for physical health or safety.

(11) “Likely to injure himself or others” means:

(a) A substantial risk that physical harm will be inflicted by the respondent upon his own person as evidenced by threats or attempts to commit suicide or inflict physical harm on himself; or

(b) A substantial risk that physical harm will be inflicted by the respondent upon another as evidenced by behavior that has caused such harm or that places another person or persons in reasonable fear of sustaining such harm; or

(12) “Manage financial resources” means the actions necessary to obtain, administer and dispose of real, personal, intangible or business property, benefits and/or income.

(13) “Meet essential requirements for physical health or safety” means the actions necessary to provide health care, food, clothing, shelter, personal hygiene and/or other care without which serious physical injury or illness would occur.

(14) “Minor” means an individual under age eighteen (18) years.

(15) “Protection and advocacy system” means the agency designated by the governor of the state of Idaho to provide advocacy services for people with disabilities pursuant to 42 U.S.C. 6042.

(16) “Respondent” means the individual subject to judicial proceedings authorized by the provisions of this chapter.

§ 66-404. Proceedings for appointment of guardians and conservators.

1. A person with a developmental disability or any person interested in his welfare may petition for a finding of legal disability or partial legal disability and appointment of a guardian or co-guardians, or conservator or co-conservators, or both.
2. The petition shall:
   1. State the names and addresses of the persons entitled to notice under subsection (4) of this section;
   2. Describe the impairments showing the respondent is developmentally disabled, the respondent’s ability to receive, evaluate and communicate information, and the respondent’s ability to manage financial resources and meet essential requirements for physical health or safety;
   3. State the nature and scope of guardianship and/or conservatorship services sought;
   4. Describe the respondent’s financial condition, including significant assets, income and ability to pay for the costs of judicial proceedings; and
   5. State if the appointment is made by will pursuant to section 15-5-301, Idaho Code, and the name(s) and address(es) of the person(s) named in the will to be guardian.
3. Upon filing of a petition, the court shall set a date for a hearing, appoint an attorney to represent the respondent in the proceedings unless the respondent has an attorney, and authorize an evaluation committee to examine the respondent, interview the proposed guardians and/or conservators and report to the court in writing. All reports shall be under oath or affirmation and shall comply with Idaho supreme court rules.
4. Notice of the time and place of the hearing on the petition together with a copy of the petition shall be served no less than fourteen (14) days before the hearing on:
   1. The respondent;
   2. The respondent’s spouse, parents and adult children, or if none, the respondent’s closest relative, if any can be found; and
   3. Any person who is currently serving as guardian, conservator or who is providing care for the respondent.
5. The respondent is entitled to be present at the hearing in person, to present evidence, call and cross-examine witnesses, and to see or hear all evidence in the proceeding.
6. At the hearing the court shall:
   1. Determine whether the respondent has a developmental disability;
   2. Evaluate the respondent’s ability to meet essential requirements for physical health or safety and manage financial resources;
   3. Evaluate the ability of the proposed guardian and/or conservator to act in the respondent’s best interests to manage the respondent’s financial resources and meet essential requirements for the respondent’s physical health or safety;
   4. Determine the nature and scope of guardianship or conservatorship services necessary to protect and promote the respondent’s well-being;
   5. Evaluate the ability of the respondent or those legally responsible to pay the costs associated with the judicial proceedings and fix responsibility therefor; and
   6. 1. As an alternative to appointing one (1) guardian or one (1) conservator, the court may appoint no more than two (2) co-guardians or no more than two (2) co-conservators if the court finds: (f)(i) As an alternative to appointing one (1) guardian or one (1) conservator, the court may appoint no more than two (2) co-guardians or no more than two (2) co-conservators if the court finds:
         1. The appointment of co-guardians or co-conservators will best serve the interests of the person with a developmental disability; and
         2. The persons to be appointed as co-guardians or co-conservators will work together cooperatively to serve the best interests of the person with a developmental disability.
         3. Must act jointly.
      2. The parents of a person with a developmental disability shall have preference over all other persons for appointment as co-guardians or co-conservators, unless the court finds that the parents are unwilling to serve as co-guardians or co-conservators, or are not capable of adequately serving the best interests of the person with a developmental disability; and
      3. If the court appoints co-guardians or co-conservators, the court shall also determine whether the co-guardians or co-conservators:
7. No individual shall be appointed as guardian or conservator of an incapacitated person unless all of the following first occurs:
   1. The proposed guardian or conservator has submitted to and paid for a criminal history and background check conducted pursuant to section 56-1004A(2) and (3), Idaho Code;
   2. In the case of a petition for guardianship and pursuant to an order of the court so requiring, any individual who resides in the incapacitated person’s proposed residence has submitted, at the proposed guardian’s expense, to a criminal history and background check conducted pursuant to section 56-1004A(2) and (3), Idaho Code;
   3. The findings of such criminal history and background checks have been made available to the evaluation committee by the department of health and welfare; and
   4. The proposed guardian or conservator provided a report of his or her civil judgments and bankruptcies to the evaluation committee and all others entitled to notice of the guardianship or conservatorship proceeding pursuant to subsection (4) of this section.
8. The provisions of paragraphs (a) and (d) of subsection (7) of this section shall not apply to an institution nor to a legal or commercial entity.
9. Each proposed guardian and conservator and each appointed guardian and conservator shall immediately report any change in his or her criminal history and any material change in the information required by subsection (7) of this section to the evaluation committee, all others entitled to notice of the guardianship or conservatorship proceeding pursuant to subsection (4) of this section and to the court.

Notice shall be served personally if the person to be served can be found within the state. If the person to be served cannot be found within the state, service shall be accomplished by registered mail to such person’s last known address.

1. May act independently;

2. May act independently but must act jointly in specified matters; or

The determination by the court must be stated in the order of appointment and in the letters of guardianship or conservatorship.

§ 66-404A. Temporary guardians.

1. The court may appoint a temporary guardian if it finds:
   1. A petition for guardianship under section 66-404, Idaho Code, has been filed, but a guardian has not yet been appointed;
   2. Substantial evidence the person has a developmental disability;
   3. By a preponderance of the evidence an emergency exists that will likely result in immediate and substantial harm to the person’s health, safety or welfare; and
   4. No other person appears to have the ability, authority and willingness to act.
2. When a person is under guardianship, the court may appoint a temporary guardian if it finds:
   1. Substantial evidence that the guardian is not performing the guardian’s duties; and
   2. By a preponderance of the evidence, an emergency exists that will likely result in immediate and substantial harm to the person’s health, safety or welfare.
3. 1. A temporary guardian may be appointed without notice or hearing if the court finds from a statement under oath that the person will be immediately and substantially harmed before notice can be given or a hearing held. (3)(a) A temporary guardian may be appointed without notice or hearing if the court finds from a statement under oath that the person will be immediately and substantially harmed before notice can be given or a hearing held.
   2. If the court appoints a temporary guardian without notice, notice of the appointment must be given to those designated in section 66-404(4), Idaho Code, within seventy-two (72) hours after the appointment. The notice must inform interested persons of the right to request a hearing. The court must hold a hearing on the appropriateness of the appointment within ten (10) days after request by an interested person.
   3. The temporary guardian’s authority may not exceed ninety (90) days, unless extended for good cause. The powers of the temporary guardian must be limited to those necessary to protect the immediate health, safety or welfare of the person until such time as a hearing may be held in the matter.
   4. A temporary guardian must make reports as the court requires.

The authority of a guardian previously appointed by the court is suspended as long as a temporary guardian has authority. The court must hold a hearing before the expiration of the temporary guardian’s authority and may enter any appropriate order.

§ 66-405. Order in protective proceedings.

1. If it is determined that the respondent does not have a developmental disability but appears in need of protective services, the court may cause the proceeding to be expanded or altered for consideration under the uniform probate code.
2. If it is determined that the respondent is able to manage financial resources and meet essential requirements for physical health or safety, the court shall dismiss the petition.
3. If it is determined that the respondent has a developmental disability and is unable to manage some financial resources or meet some essential requirements for physical health or safety, the court may appoint a partial guardian and/or partial conservator on behalf of the respondent. An order establishing partial guardianship or partial conservatorship shall define the powers and duties of the partial guardian or partial conservator so as to permit the respondent to meet essential requirements for physical health or safety and to manage financial resources commensurate with his ability to do so, and shall specify all legal restrictions to which he is subject. A respondent for whom a partial guardianship or partial conservatorship has been appointed under this chapter retains all legal and civil rights except those which have by court order been limited or which have been specifically granted to the partial guardian or partial conservator by the court.
4. If it is determined that the respondent has a developmental disability and is unable to manage financial resources or meet essential requirements for physical health or safety even with the appointment of a partial guardian or partial conservator, the court may appoint a total guardian and/or total conservator.
5. In the event that more than one (1) person seeks to be appointed guardian and/or conservator, the court shall appoint the person or persons most capable of serving on behalf of the respondent; the court shall not customarily or ordinarily appoint the department or any other organization or individual, public or private, that is or is likely to be providing services to the respondent. If an appointment of a guardian is made by will pursuant to section 15-5-301, Idaho Code, such appointment shall be entitled to preference as the guardian under this chapter, if the person so appointed by will is capable of serving on behalf of the respondent and the court finds that it is not in the best interests of the respondent to appoint a different person as guardian.
6. Subject to the limitations of the provisions of subsection (7) of this section, guardians or conservators may have any of the duties and powers as provided in sections 15-5-312(1)(a) through (d), 15-5-424 and 15-5-425, Idaho Code, and as specified in the order. A guardian shall be required to report to the court at least annually on the status of the respondent. A conservator shall be required to file with the court an inventory within ninety (90) days of appointment, an accounting at least annually, and a final accounting at the termination of the appointment of the conservator. All required inventories, accountings and reports shall be under oath or affirmation and shall comply with the Idaho supreme court rules. The court may require a conservator to submit to a physical check of the estate in his control, to be made in any manner the court may specify.
7. Except as otherwise provided in subsection (8) of this section, a guardian appointed under this chapter shall have no authority to refuse or withhold consent for medically necessary treatment when the effect of withholding such treatment would seriously endanger the life or health and well-being of the respondent. To withhold or attempt to withhold consent for such treatment may be cause for removal of the guardian. Except as otherwise provided in subsection (8) of this section, no health care provider or caregiver shall, based on such guardian’s direction or refusal to consent to care, withhold or withdraw such treatment for a respondent. If the health care provider cannot obtain valid consent for such medically necessary treatment from the guardian, the health care provider or caregiver shall provide the medically necessary treatment as authorized by section 39-4504(1)(i), Idaho Code. (8) A guardian appointed under this chapter may consent to withholding or withdrawing treatment other than appropriate nutrition or hydration to a respondent, and a health care provider may withhold or withdraw such treatment in reliance upon such consent, when in the treating LIP’s reasonable medical judgment any of the following circumstances apply:
   1. The attending LIP and at least one (1) other LIP certifies that the respondent is chronically and irreversibly comatose;
   2. The treatment would merely prolong dying, would not be effective in ameliorating or correcting all of the respondent’s life-threatening conditions, or would otherwise be futile in terms of the survival of the respondent; or
   3. The treatment would be virtually futile in terms of the survival of the respondent and would be inhumane under such circumstances.

(9) Any person who has information that medically necessary treatment of a respondent has been withheld or withdrawn in violation of this section may report such information to adult protective services or to the Idaho protection and advocacy system for people with developmental disabilities, which shall have the authority to investigate the report and in appropriate cases to seek a court order to ensure that medically necessary treatment is provided.

If adult protective services or the protection and advocacy system determines that withholding of medical treatment violates the provisions of this section, they may petition the court for an ex parte order to provide or continue the medical treatment in question. If the court finds, based on affidavits or other evidence, that there is probable cause to believe that the withholding of medical treatment in a particular case violates the provisions of this section, and that the life or health of the patient is endangered thereby, the court shall issue an ex parte order to continue or to provide the treatment until such time as the court can hear evidence from the parties involved. Petitions for court orders under this section shall be expedited by the courts and heard as soon as possible. No bond shall be required of a petitioner under this section.

(10) No partial or total guardian or partial or total conservator appointed under the provisions of this section may without specific approval of the court in a proceeding separate from that in which such guardian or conservator was appointed:

(a) Consent to medical or surgical treatment the effect of which permanently prohibits the conception of children by the respondent unless the treatment or procedures are necessary to protect the physical health of the respondent and would be prescribed for a person who does not have a developmental disability;

(b) Consent to experimental surgery, procedures or medications; or

(c) Delegate the powers granted by the order.

(11) Nothing in this section shall affect the rights of a competent patient or surrogate decision-maker to withhold or withdraw treatment pursuant to section 39-4514, Idaho Code, unless the patient is a respondent as defined in section 66-402, Idaho Code.

§ 66-406. Judicial procedure for commitment to director.

1. Proceedings for the involuntary care and treatment of developmentally disabled persons 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 respondent, or by a licensed physician, prosecuting attorney or other public official, or the head of the facility in which the respondent may be.
2. The application shall state the name and last known address of the respondent; the name and address of either the respondent’s spouse, guardian, next of kin or friend; whether the respondent can be cared for privately in the event commitment is not ordered; and a simple and precise statement of facts showing that the respondent is developmentally disabled and likely to injure himself or others.
3. Any application shall be accompanied by a report of an evaluation committee stating that the committee has examined the respondent within the last fourteen (14) days and is of the opinion that the respondent is developmentally disabled and likely to injure himself or others; or a written statement by the committee that the respondent has refused to submit to examination.
4. Upon receipt of an application for commitment not accompanied by an evaluation committee report, the court shall, within forty-eight (48) hours, order the respondent to submit to an examination. The evaluation committee shall report to the court its findings within three (3) working days of the order.
5. If it is determined by the evaluation committee that the respondent is developmentally disabled and likely to injure himself or others pending the hearing, the court may issue an order authorizing a department employee, peace officer, or head of a facility to take the respondent to a facility in the community in which the respondent 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 66-412(4), Idaho Code.
6. Upon receipt of the application and evaluation committee report, the court shall appoint a time and place for a hearing which shall be held not more than seven (7) days from receipt of the report and give written notice of the time and place of the hearing together with a copy of the application, evaluation committee report, and notice of the respondent’s right to be represented by an attorney, or if indigent, to be represented by a court-appointed attorney, to the applicant, to the respondent, and to either the respondent’s spouse, guardian, next of kin or friend, if other than the applicant. With the consent of the respondent and his attorney, the hearing may be held immediately. Upon motion for good cause shown and with the respondent’s consent, the court may continue the hearing up to an additional fourteen (14) days.
7. An opportunity to be represented by counsel shall be afforded to every respondent, and if neither the respondent nor others provide counsel, the court will appoint the counsel in accordance with chapter 8, title 19, Idaho Code.
8. The hearing shall be held at a facility, at the respondent’s home, or at any other suitable place not likely to have a harmful effect on the respondent’s physical or mental health.
9. In all proceedings under the provisions of this section, any existing provision of law prohibiting the disclosure of confidential communications between any member of the evaluation committee and the respondent shall not apply. (10) The respondent, the applicant, and any other person 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 respondent shall be required to be present at the hearing free from drugs likely to impair the respondent’s ability to communicate or understand the proceedings, unless the court determines that the mental or physical state of the respondent is such that his presence at the hearing free from drugs would be detrimental to the respondent’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 an informal manner consistent with orderly procedure and rules of evidence.
   1. Is developmentally disabled; and
   2. Because of such condition is likely to injure himself or others; and
   3. Lacks capacity to make informed decisions about treatment;

(11) If, upon completion of the hearing and consideration of the record, the court finds by clear and convincing evidence that the respondent:

the court shall order the respondent committed to the custody of the director for an indeterminate period of time not to exceed three (3) years. The director or his designee shall determine within forty-eight (48) hours the least restrictive available placement consistent with the needs of each respondent committed under the provisions of this section and make arrangement for placement in that setting.

(12) Nothing in the provisions of this chapter or in any rules or regulations adopted pursuant hereto shall be construed to authorize the commitment of an individual who can be properly cared for privately with the help of willing and able family or friends.

(13) The order of commitment shall state the name and address of the respondent’s attorney, and either the respondent’s spouse, guardian, adult next of kin or friend, if any.

§ 66-407. Change in disposition.

1. Upon the recommendation of the head of a facility providing services to a respondent committed to the custody of the director under section 66-406, Idaho Code, the director or his designee may redetermine the least restrictive available facility for any such respondent.
2. Notice of any change in disposition shall be filed with the committing court, the respondent’s attorney and either the respondent’s spouse, guardian, adult next of kin or friend, if any.
3. The respondent may appeal any change in disposition to a more restrictive level of care to the committing court or the court of the county in which such respondent is found within thirty (30) days of notice of the change in disposition. The court shall consider the treatment and need for protection of the respondent and may affirm or modify the change in disposition.

§ 66-408. Petition for reexamination of order of guardianship or commitment.

All respondents admitted to a residential facility upon application of their parent or guardian or committed to the director shall be entitled to an annual review of their placement by an evaluation committee upon request therefor by the respondent, the respondent’s guardian or attorney. In addition, all respondents committed pursuant to section 66-406, Idaho Code, or for whom an order for guardianship or conservatorship has been issued pursuant to section 66-405, Idaho Code, shall be entitled to a reexamination of the order for or conditions of their commitment, guardianship or conservatorship on their own petition, or that of their legal guardian, parent, attorney or friend, to the district court of the county in which the order was issued or in which they are found. Upon receipt of the petition, the court shall determine whether the conditions justifying the order or its conditions continue to exist.

§ 66-409. Authority to admit developmentally disabled persons.

The head of any facility licensed under state law, or a practitioner granted admitting privileges by the facility’s bylaws and other process by which the facility’s governing body and medical staff exercise oversight, such as through credentialing and competency review, is authorized to admit for observation, diagnosis, care or treatment any developmentally disabled person for services provided by that facility.

§ 66-410. Procedure upon application to a residential facility.

Upon receipt of an application for admission to a residential facility, the head of such facility licensed under state law shall have the application reviewed or approved by an evaluation committee. The facility head may admit any developmentally disabled individual pending review by the evaluation committee for a period not to exceed thirty (30) days. The evaluation committee shall determine whether the individual is in need of observation, diagnosis, care or treatment at the facility, whether there are other facilities or services less restrictive of personal liberty available and interview and examine the individual for whom admission is sought. The evaluation committee must carefully probe the individual’s background using all available sources including, but not limited to, parents, schools and other social agencies. If the head of the facility determines that the individual is not in need of observation, diagnosis, care or treatment at the facility, or determines that there are other facilities or services less restrictive of personal liberty available, the head of the facility shall, within three (3) days, discharge the individual.

§ 66-411. Review and discharge.

1. The head of each residential facility shall, following admission, examine or cause to be examined every resident, and determine whether to discharge each resident from the facility. A similar review shall be conducted annually thereafter. A report of each review and determination of every respondent committed to the director shall be sent to the committing court, respondent’s attorney, and either the respondent’s spouse, guardian, adult next of kin or friend, or if none, the respondent’s resident representative.
2. Whenever it is determined that the respondent is no longer developmentally disabled or likely to injure himself or others, the director or his designee shall terminate the commitment and make a report thereof to the court which issued the order.

§ 66-412. Rights in facilities.

1. Every developmentally disabled person admitted to any facility shall be entitled to humane care and treatment.
2. A developmentally disabled person shall not be put in isolation. Mechanical restraints shall not be applied unless it is determined to be necessary for the safety of that person or the safety of others. Every use of a mechanical restraint, or time out for therapeutic purposes, and the reasons therefore [therefor], shall be made a part of the permanent record of the person under the signature of the facility head.
3. Every developmentally disabled person has the following rights:
   1. To be free from mental and physical abuse including that which arises from acts of negligence;
   2. To reside in the environment or setting that is least restrictive of personal liberties in which appropriate treatment can be provided;
   3. To communicate by sealed mail, telephone, or otherwise with persons inside or outside the facility, to have access to reasonable amounts of letter writing material and postage and to have access to private areas to make telephone calls and receive visitors;
   4. To receive visitors at all reasonable times and to associate freely with persons of his own choice;
   5. To wear his own clothes, keep and use his own personal possessions including toilet articles, keep and be allowed to spend a reasonable sum of his own money for personal expenses and small purchases, and have access to individual storage space for his own use;
   6. To have free access to established procedures to voice grievances and to recommend changes in the policies and/or services being offered at the facility;
   7. To practice his religion;
   8. To be informed of his medical and habilitative condition, of services available in the facility and the charges therefor;
   9. To have reasonable access to all records concerning himself; and
   10. Unless limited by prior court order, to exercise all civil rights, including the right to dispose of property, except property described in subsection (e) of this section, execute instruments, make purchases, enter into contractual arrangements, and vote.
4. Adult and emancipated minor developmentally disabled individuals or a parent or guardian with authority to consent to treatment with respect to the minor child or ward, shall have the right to refuse specific modes of treatment or habilitation. The head of a facility may deny the right to refuse treatment or habilitation only in cases of emergency or when a court has determined that an adult or emancipated minor lacks the capacity to make informed decisions about treatment and there is no guardian with authority to consent to treatment. A statement explaining the reasons for any such denial shall immediately be entered in the individual’s permanent record and in the case of respondents committed under section 66-406, Idaho Code, copies of the statement shall be sent to the committing court, the respondent’s attorney and either the respondent’s spouse, guardian, adult next of kin or friend.
5. A list of the rights contained in this section and section 66-413, Idaho Code, shall be prominently posted in all facilities and explained as far as possible to each developmentally disabled individual.

§ 66-413. Individual treatment plan.

1. The head of a facility shall establish or obtain for each developmentally disabled resident or client a current individual treatment plan. This plan shall be placed in the resident’s or client’s permanent file and shall describe:
   1. The resident’s or client’s disabilities;
   2. The goals of care and treatment at the facility;
   3. The modes of care and treatment to be employed;
   4. The location least restrictive of personal liberty in which appropriate services can be provided;
   5. The written approval of the plan by the head of the facility or his designee;
   6. Changes to the original plan;
   7. A discharge plan including, if the resident or client has been committed to the director, a recommendation concerning legal status upon discharge; and
   8. A statement by the head of the facility or his designee that the plan has been explained, as far as possible, to the resident or client and that a copy of the plan and of subsequent changes has been mailed to the last known address of the known parents, legal guardian or next of kin of the resident or client.
2. Each facility shall take reasonable efforts to include the resident or client and parents of minor residents or clients, legal guardians of clients or residents who lack capacity to make informed decisions about treatment or the resident’s or client’s duly appointed resident representative in the development of the plan, and provide for a system by which the client or resident may secure an independent review of the treatment plan.
3. If, in the judgment of the head of any facility, the client or resident is unable to manage financial resources, is unable to meet essential requirements for physical health or safety, or lacks capacity to make informed decisions, he shall encourage guardianship or conservatorship proceedings under the provisions of this chapter.

§ 66-414. Developmentally disabled persons with assets sufficient to pay expenses — Liability of relatives.

1. When a developmentally disabled person has been admitted to a state operated facility voluntarily or involuntarily, the director of the facility may cause an inquiry to be made as to the financial circumstances of that person and of the relatives of that person as legally liable for his support, and if it is found that the person or his relatives are able to pay the charges for the care and treatment of the resident or client in the facility in whole or in part, it shall be the duty of the head of the facility to collect the expenses and charges and if necessary to institute in the name of the state a civil suit against the person or persons so liable.
2. The respondent in judicial proceedings authorized by the provisions of this chapter in which a total or partial guardian, total or partial conservator or commitment has been appointed or ordered, or the applicant in such proceedings if no total or partial guardian, total or partial conservator or commitment is appointed or ordered shall be legally liable for the costs associated with such proceedings, including court appointed counsel and evaluation.
3. The following relatives shall be bound by law to provide for the expenses and charges for judicial proceedings and for the care and treatment of such developmentally disabled persons: the husband for the wife, the wife for the husband and the parent for his or her minor child or children.

§ 66-415. Receipt and acceptance of foreign guardianship or conservatorship.

The receipt and acceptance of a foreign guardianship or conservatorship of a developmentally disabled person shall be regulated as set forth under chapter 9, title 15, Idaho Code.

§ 66-416. Transfer of guardianship or conservatorship to a foreign jurisdiction.

The transfer of a guardianship or conservatorship of a developmentally disabled person to a foreign jurisdiction shall be regulated as set forth under chapter 10, title 15, Idaho Code.

§ 66-417. Temporary recognition of foreign guardianship or conservatorship of developmentally disabled person.

The temporary recognition of a foreign guardianship or conservatorship of a developmentally disabled person shall be regulated as set forth under chapter 11, title 15, Idaho Code.

§ 66-501. Creation of patients’ trust fund.

There shall be established in the respective offices of the superintendents or managers of each state hospital and the southwest Idaho treatment center, a fund to be known as the patients’ trust fund.

§ 66-502. Use of money in fund by patients.

Persons having money in the patient’s trust fund may, with the consent of the superintendent or attending physician, or the superintendent or attending physician on behalf of any patient may, pursuant to rules and regulations of the board of health and welfare, apply such funds for necessary, incidental expenses.

§ 66-503. Custody of money — Duty of superintendent or manager.

All moneys so held in trust shall be kept by the superintendent or manager, subject to be returned to the person or persons from whom any part of such fund has been taken for deposit in trust, except any portion thereof applied to such patient’s expenses while in said state hospital or the southwest Idaho treatment center or applied to the payment of the funeral expenses of said patient, upon his death, release or discharge from the said institution; provided however, that if any patient who dies or has been discharged or escaped from any state hospital or the southwest Idaho treatment center does not present, personally or through his legal guardian, heirs or assigns, a claim against the said trust fund for repayment to him of money to his credit in said trust fund for patients within five (5) years from the date of his death, discharge or escape as certified to the state controller of the state of Idaho by the officer in charge of said institutions, then the superintendent or manager shall pay over the money in the manner set forth in section 14-519, Idaho Code, provided however, that money held in trust for a deceased patient shall be transferred pursuant to section 14-113, Idaho Code.

§ 66-601. Definitions.

For the purposes of this chapter, the following definitions shall apply:

1. “Agent” means an adult properly appointed to make mental health treatment decisions for a principal under a declaration for mental health treatment and also means an alternative agent.
2. “Attending physician” means the licensed physician who has primary responsibility for the care and treatment of the declarant.
3. “Facility” means:
   1. A designated treatment facility, as defined in section 66-317, Idaho Code;
   2. A nursing home; or
   3. An assisted living home.
4. “Incapable” means that, by order of a court in a guardianship proceeding under section 66-322, Idaho Code, or in the opinion of two (2) physicians that include a psychiatrist, or in the opinion of a physician and a professional mental health clinician, a person’s ability to receive and evaluate information effectively or communicate decisions is impaired to such an extent that the person currently lacks the capacity to make mental health treatment decisions.
5. “Mental health treatment” means electroconvulsive treatment, treatment with psychotropic medication or short-term admission to a treatment facility for a period not to exceed seventeen (17) days.
6. “Mental illness” means a substantial disorder of thought, mood, perception, orientation or memory, which grossly impairs judgment, behavior, or capacity to recognize and adapt to reality.
7. “Professional mental health clinician” means an individual who holds an earned master’s level or higher degree in social work from an accredited program; a registered nurse with an earned master’s degree or higher degree in nursing with a specialization in psychiatric or mental health nursing from an accredited program; an individual who holds an earned master’s level or higher degree in psychology from an accredited program; or an individual who holds an earned master’s level or higher degree in counseling, marriage and family therapy or other closely related degree. Additionally, professionals in each category must have at least two (2) years experience in a clinical mental health setting.

§ 66-602. Declarations for mental health treatment.

1. A competent adult may make a declaration of preferences or instructions regarding mental health treatment. The preferences or instructions may include consent to or refusal of mental health treatment. The declaration shall name an attorney-in-fact (agent) and an alternative agent whose authority continues in effect as long as the declaration appointing the agent is in effect or until the agent has withdrawn. If a declaration for mental health treatment has been invoked and is in effect, the declaration remains effective until the principal is no longer incapable.
2. A declaration for mental health treatment continues in effect until revoked. A declaration may be revoked in whole or in part at any time by the principal if the principal is not incapable. A revocation is effective when a capable principal communicates the revocation to the attending physician or other provider. The attending physician or other provider shall note the revocation as part of the principal’s medical record.

§ 66-603. Designation of agent.

1. A declaration may designate a competent adult to act as agent to make decisions about mental health treatment. An alternative agent may also be designated to act as agent if the original designee is unable or unwilling to act at any time.
2. The following may not serve as agent:
   1. The attending physician, mental health service provider, or an employee of the physician or provider, who is not related to the principal by blood, marriage or adoption;
   2. An owner, operator or employee of a health care facility in which the principal is a patient or resident who is not related to the principal by blood, marriage or adoption.
3. The designation of an agent under this section supersedes a previous designation of an agent regarding mental health treatment unless otherwise specifically provided in the declaration.

§ 66-604. Signature — Witnesses.

1. A declaration is effective only if it is signed by the principal and two (2) competent adult witnesses. The witnesses must attest that the principal is personally known to them, signed the declaration in their presence, appears to be of sound mind, and is not under duress, fraud or undue influence.
2. The following may not serve as a witness to the signing of a declaration:
   1. The attending physician or mental health service provider or a relative of the physician or provider;
   2. An owner, operator, or relative of an owner or operator of a health care facility in which the principal is a patient or resident; or
   3. A person related to the principal by blood, marriage or adoption.

§ 66-605. Operation of declaration.

1. A declaration becomes operative when it is delivered to the principal’s physician or mental health treatment provider and remains valid until revoked. The physician or provider shall act in accordance with an operative declaration when the principal has been found to be incapable. The physician or provider shall continue to obtain the principal’s informed consent to all mental health treatment decisions if the principal is capable of providing informed consent or refusal.
2. Upon being presented with a declaration, a physician or other provider shall make the declaration a part of the principal’s medical record if a physician-patient relationship has previously been established. If no physician-patient relationship has previously been established, nothing in this statute, or rules adopted pursuant thereto, may be read to require the establishment of physician-patient relationship in contradiction to the existing requirements of reasonable medical practice. When acting under authority of a declaration, a physician or provider shall comply with it to the fullest extent possible consistent with reasonable medical practice, the availability of treatments requested, and applicable law. If the physician or other provider is unwilling at any time to comply with the declaration, the physician or provider may withdraw from providing treatment consistent with the exercise of independent medical judgment by promptly notifying the principal and the agent and documenting the notification in the principal’s medical record.

§ 66-606. Powers of agent.

1. An agent who has accepted the appointment in writing may make decisions about mental health treatment on behalf of the principal only when the principal is incapable. The decisions must be consistent with desires the principal has expressed in the declaration.
2. Except to the extent the right is limited by the declaration or any federal law, an agent has the same right as the principal to receive information regarding the proposed mental health treatment and to receive, review and consent to disclosure of medical records relating to that treatment. This right of access does not waive any evidentiary privilege.
3. In exercising authority under the declaration, the agent has a duty to act consistently with the desires of the principal as expressed in the declaration. If the principal’s desires are not expressed in the declaration and not otherwise known by the agent, the agent has a duty to act in what the agent in good faith believes to be the best interest of the principal.
4. An agent is not subject to criminal prosecution, civil liability or professional disciplinary action for an action taken in good faith under a declaration for mental health treatment. The agent is not, as a result of acting in that capacity, personally liable for the cost of treatment provided to the principal.

§ 66-607. Withdrawal.

An agent may withdraw by giving notice to the principal. If a principal is incapable, the agent may withdraw by giving notice to the attending physician or provider. The attending physician or provider shall note the withdrawal as part of the principal’s medical record, and may continue treatment in accordance with the declaration to the extent such treatment is consistent with reasonable medical practice. A person who has withdrawn under the provision of this section may rescind the withdrawal by executing an acceptance after the date of the withdrawal. A person who rescinds a withdrawal shall give notice to the principal if the principal is capable or to the principal’s health care provider if the principal is incapable.

§ 66-608. Limitations.

A person may not be required to execute or to refrain from executing a declaration as a criterion for insurance, as a condition for receiving mental or physical health services, or as a condition of discharge from a health care facility.

§ 66-609. Actions contrary to declaration.

The physician or provider may subject the principal to mental health treatment in a manner contrary to the principal’s wishes as expressed in a declaration for mental health treatment only:

1. If the principal is committed to a treatment facility under section 18-212 or 66-329, Idaho Code; or
2. In cases of emergency endangering life or health.

§ 66-610. Relation to other statutes.

A declaration does not limit any authority provided in this chapter either to take a person into custody or to admit, retain or treat a person in a health care facility.

§ 66-611. Limited immunity.

A physician or provider who administers or does not administer mental health treatment according to and in good faith reliance upon the validity of a declaration is not subject to criminal prosecution, civil liability or professional disciplinary action resulting from a subsequent finding of a declaration’s invalidity.

§ 66-612. Penalty.

It is a misdemeanor for a person to knowingly alter, forge, conceal or destroy a declaration, or the reinstatement or revocation of a declaration. In this section, “knowingly” has the meaning given in section 18-101 5., Idaho Code.

§ 66-613. Form of declaration.

A declaration for mental health treatment shall contain the following language, or language that is substantially similar.

NOTICE TO PERSON MAKING A DECLARATION FOR MENTAL HEALTH TREATMENT. This is an important legal document. It creates a declaration for mental health treatment. Before signing this document, you should know these important facts:

1. This document allows you to make decisions in advance about three (3) types of mental health treatment: psychotropic medication, electroconvulsive therapy, and short-term (up to seventeen (17) days) admission to a treatment facility. The instructions that you include in this declaration will be followed only if a court, two (2) physicians that include a psychiatrist, or a physician and a professional mental health clinician believe that you are incapable of making treatment decisions. Otherwise, you will be considered capable to give or withhold consent for the treatments.
2. You may also appoint a person as your agent to make these treatment decisions for you if you become incapable. The person you appoint has a duty to act consistent with your desires as stated in this document or, if your desires are not stated or otherwise made known to the agent, to act in a manner consistent with what the person in good faith believes to be in your best interest. For the appointment to be effective, the person you appoint must accept the appointment in writing. The person also has the right to withdraw from acting as your agent at any time.
3. This document will continue in effect until revoked. You have the right to revoke this document in whole or in part at any time you have not been determined to be incapable. YOU MAY NOT REVOKE THIS DECLARATION WHEN YOU ARE CONSIDERED INCAPABLE BY A COURT, TWO (2) PHYSICIANS THAT INCLUDE A PSYCHIATRIST, OR A PHYSICIAN AND A PROFESSIONAL MENTAL HEALTH CLINICIAN. A revocation is effective when it is communicated to your attending physician or other provider.
4. If there is anything in this document that you do not understand, you should ask a lawyer to explain it to you. This declaration will not be valid unless it is signed by two (2) qualified witnesses who are personally known to you and who are present when you sign or acknowledge your signature.

§ 66-701 — 66-716. [Repealed.]

§ 66-801 — 66-812. [Repealed.]

§ 66-901. Establishment of homes.

On and after July 1, 2000, there shall be established in the division of veterans services in the department of self-governing agencies in this state homes for veterans which shall hereafter be known and designated as Idaho state veterans homes. Idaho state veterans homes shall be homes for veterans discharged under honorable conditions by the government of the United States and the spouses of veterans eligible for admission to an Idaho state veterans home. A “spouse” shall mean the current husband or wife of a veteran under a marriage recognized by title 32, Idaho Code, and, as allowed by admissions criteria established pursuant to section 66-907, Idaho Code, the widow or widower of a veteran under a marriage recognized by title 32, Idaho Code. Before a person is admitted to a home, that person shall be a bona fide resident of this state.

§ 66-902, 66-903. Commandant — Physician and matron. [Repealed.]

§ 66-904. Inspection of homes.

The veterans homes shall be subject to inspection at any time by the governor or any officer of his staff designated by him for the purpose of making such inspection.

§ 66-905. Uniforms. [Repealed.]

§ 66-906. Succession to property of deceased resident.

Hereafter, the application of any person for membership in a veterans home of this state, and the admission of the applicant thereunder shall be and constitute a valid and binding contract between such applicant and the administrator of the division of veterans services in the department of self-governing agencies of the state of Idaho that on the death of said applicant, while a member of such home, leaving no heirs at law next of kin, all personal property owned by said applicant at the time of his death, including money or choses in action held by him and not disposed of by will, whether such property be the proceeds of pensions or otherwise derived, shall vest in and become the property of said division of veterans services in the department of self-governing agencies of the state of Idaho for the sole use and benefit of said home, the proceeds to be disposed of in such manner as may be ordered by the administrator of the division, and that all personal property of said applicant which, upon his death, while a member, shall at once pass to and vest in said administrator, subject to be reclaimed by any legatee or person entitled to take the same by inheritance at any time within five (5) years after the death of such member. The administrator of the division of veterans services is directed to so change the form of application for membership as to give reasonable notice of this provision to each applicant, and as to contain the consent of the applicant to accept membership upon the conditions herein provided.

§ 66-907. Admissions to and charges for residence at homes.

The administrator of the division of veterans services in the department of self-governing agencies with the advice of the veterans affairs commission is hereby authorized and directed to establish appropriate admissions criteria for the homes and to establish charges for residence in those cases where residents have available resources for this purpose.

§ 66-908. Receipt of resident funds.

1. Notwithstanding any other provision of law, the administrator of the division of veterans services or his designee may be appointed by the paying entity as a payee, fiduciary or other agent for the purposes of receiving funds payable to a resident of a veterans home of this state. Prior to appointing the administrator as a recipient of resident funds, the paying entity shall conduct its customary process for determining the need for the appointment and conclude that the appointment of the administrator complies with the laws, policies and procedures applicable to the paying entity. The administrator shall provide the resident with notice and an opportunity to appeal the appointment before accepting appointment as a recipient of the resident’s funds. The process for appeal of the appointment shall be set forth in rules promulgated by the administrator.
2. All moneys received pursuant to this section shall be kept by the administrator in trust for the benefit of the resident. The administrator may apply any portion of the funds held in trust to the expenses of the resident arising from residence at a veterans home. The administrator may apply funds not required for the expenses arising from residence at a veterans home to payment for other reasonable expenses of the resident.
3. The administrator shall maintain an accounting of the funds received and distributed under this section. A copy of the accounting shall be available to the resident and to other parties designated by the resident.
4. Upon a resident’s discharge from a veterans home and the payment of all outstanding expenses of the resident known to the administrator, the administrator shall distribute funds held on behalf of the resident under this section to the resident or to his designee.

§ 66-1001. Establishment of tuberculosis hospital.

A hospital for the care and treatment of persons having tuberculosis shall be established, remodeled, and equipped by the state of Idaho upon certain property belonging to Gooding College of the Methodist Episcopal Church, situated near the City of Gooding, in Gooding County, state of Idaho, described as acreage tracts 26, 31, 32 and 37 South Gooding Acreage, containing approximately 40 acres of land, provided that said property together with the water rights appurtenant thereto and all building and appurtenants thereon be, within ninety (90) days after the enactment of this bill, donated to the state of Idaho free and clear of all mortgages and other incumbrances thereon.

§ 66-1002. Acceptance of funds authorized.

For the purpose of making available additional funds for assisting in carrying out the provisions of this act the board of health and welfare of the state of Idaho is hereby authorized to accept for and on behalf of the state of Idaho from any department or agency, or other instrumentality of the United States Government, a grant or donation of money for the remodeling, equipment and/or operation of said hospital, and to use the same for such remodeling, equipment and/or operation.

§ 66-1003. Remodeling and equipment of hospital.

As soon as practicable after the acquirement of the site and the title thereto, the board of health and welfare shall proceed with the remodeling and equipment of said hospital, procedure to be regulated by stipulations concerning construction of public buildings.

§ 66-1004. Delegation of responsibility for hospitalization of patients.

The board of health and welfare, in addition to all other powers granted it by law, is hereby authorized, empowered and directed to assume responsibility for the direction, operation, and control of the hospitalization of tuberculosis patients in said hospital.

§ 66-1005. Provision for transfer of power.

In the event the functions now vesting in the division of public health, of the department of public welfare [board of health and welfare] shall hereinafter vest in or be transferred to any other office or department, the powers and duties of the division of public health [board] shall likewise vest in such office or department.

§ 66-1006. Separability.

The provisions of this act are hereby declared to be severable, and if any provisions of this act or application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions or applications of the act which can be given effect without the invalid provision or application.

§ 66-1007. Transfer of powers and duties to department of public health [board of health and welfare].

All powers and duties vested by title 66, chapter 10, Idaho Code, in the charitable institutions commission over the Idaho Tuberculosis Hospital in Gooding County, Idaho, are hereby transferred to and vested in the department of public health [board of health and welfare] of the state of Idaho.

§ 66-1101. Mental hospital permanent endowment fund.

1. There is established in the state treasury the mental hospital permanent endowment fund. This fund is perpetually appropriated for the beneficiaries of the endowment. The fund shall be managed and invested by the endowment fund investment board according to law and the policies established by the state board of land commissioners. The fund principal shall forever remain intact. The fund shall be a permanent fund and shall consist of the following:
   1. Proceeds from the sale of lands granted to the state of Idaho under the provisions of section 11 of the Idaho Admission Bill, 26 Stat. L. 215, ch. 656, known at the time of admission as insane asylum lands, and lands granted in lieu thereof;
   2. Proceeds of royalties from the extraction of minerals on mental hospital lands owned by the state;
   3. Moneys allocated from the mental hospital earnings reserve fund.
2. Provided however, that proceeds from the sale of mental hospital lands may be first deposited into the land bank fund established in section 58-133, Idaho Code, to be used to acquire other lands within the state for the benefit of beneficiaries of the mental hospital endowment. If the land sale proceeds are not used to acquire other lands in accordance with section 58-133, Idaho Code, the proceeds shall be deposited into the mental hospital permanent endowment fund along with any earnings on the proceeds.
3. Earnings from the investment of the mental hospital permanent endowment fund shall be distributed according to the provisions of section 57-723A, Idaho Code.

§ 66-1101A. Mental hospital earnings reserve fund.

1. There is established in the state treasury the mental hospital earnings reserve fund. The fund shall be managed and invested by the endowment fund investment board according to law and the policies established by the state board of land commissioners. The fund shall consist of the following:
   1. Earnings of the mental hospital permanent endowment fund, created to receive moneys from the insane asylum endowment provided in section 11 of the Idaho Admission Bill, 26 Stat. L. 215, ch. 656;
   2. Proceeds of the sale of timber growing upon mental hospital lands;
   3. Proceeds of leases of mental hospital lands;
   4. Proceeds of interest charged upon deferred payments on mental hospital lands or timber on those lands; and
   5. All other proceeds received from the use of mental hospital endowment lands and not otherwise designated for deposit in the mental hospital permanent endowment fund.
2. Moneys shall be distributed out of the mental hospital earnings reserve fund only to support the beneficiaries of the mental hospital endowment, including distributions by the state board of land commissioners to the mental hospital permanent endowment fund and the mental hospital income fund; provided, that funds shall not be appropriated by the legislature from the mental hospital earnings reserve fund except to pay for administrative costs incurred managing the assets of the mental hospital endowment including, but not limited to, real property and monetary assets.

§ 66-1102. Mental hospital income fund.

There is established in the state treasury the mental hospital income fund. The fund shall consist of all moneys distributed from the mental hospital earnings reserve fund and from other sources as the legislature deems appropriate. Moneys in the mental hospital income fund shall be used for the benefit of the beneficiaries of the endowment and distributed to current beneficiaries of the mental hospital endowment pursuant to legislative appropriation.

§ 66-1103. Charitable institutions permanent endowment fund.

1. There is established in the state treasury the charitable institutions permanent endowment fund. This fund is perpetually appropriated for the beneficiaries of the endowment. The fund shall be managed and invested by the endowment fund investment board according to law and the policies established by the state board of land commissioners. The fund principal shall forever remain intact. The fund shall be a permanent fund and shall consist of the following:
   1. Proceeds from the sale of lands granted to the state of Idaho for charitable, educational, penal and reformatory institutions by the Idaho Admission Bill, 26 Stat. L. 215, ch. 656, and lands granted in lieu thereof;
   2. Proceeds of royalties from the extraction of minerals on charitable institutions endowment lands owned by the state;
   3. Moneys allocated from the charitable institutions earnings reserve fund;
2. Provided however, that proceeds from the sale of charitable institutions endowment lands may be first deposited into the land bank fund established in section 58-133, Idaho Code, to be used to acquire other lands within the state for the benefit of beneficiaries of the charitable institutions endowment. If the land sale proceeds are not used to acquire other lands in accordance with section 58-133, Idaho Code, the proceeds shall be deposited into the charitable institutions permanent endowment fund along with any earnings on the proceeds.
3. Earnings from the investment of the charitable institutions permanent endowment fund shall be distributed according to the provisions of section 57-723A, Idaho Code.

§ 66-1104. Charitable institutions earnings reserve fund.

1. There is established in the state treasury the charitable institutions earnings reserve fund. The fund shall be managed and invested by the endowment fund investment board according to law and the policies established by the state board of land commissioners. The fund shall consist of the following:
   1. Earnings of the charitable institutions permanent endowment fund;
   2. Proceeds from the sale of timber growing upon charitable institutions endowment lands;
   3. Proceeds of leases of charitable institutions endowment lands;
   4. Proceeds of interest charged upon deferred payments on charitable institutions endowment lands or timber on those lands; and
   5. All other proceeds received from the use of charitable institutions endowment lands and not otherwise designated for deposit in the charitable institutions permanent endowment fund.
2. Moneys shall be distributed out of the charitable institutions earnings reserve fund only to support the beneficiaries of the charitable institutions endowment, including distributions by the state board of land commissioners to the charitable institutions permanent endowment fund and the charitable institutions income fund; provided, that funds shall not be appropriated by the legislature from the charitable institutions earnings reserve fund except to pay for administrative costs incurred managing the assets of the charitable institutions endowment including, but not limited to, real property and monetary assets.

§ 66-1105. Charitable institutions income fund.

There is established in the state treasury the charitable institutions income fund. The fund shall consist of all moneys distributed from the charitable institutions earnings reserve fund and from other sources as the legislature deems appropriate. Moneys in the charitable institutions income fund shall be used for the benefit of the beneficiaries of the endowment and distributed to current beneficiaries of the charitable institutions endowment pursuant to legislative appropriation.

§ 66-1106. Charitable institutions [permanent endowment] fund — Transfer of moneys to separate funds.

Any and all moneys hereafter accruing to said charitable institutions [permanent endowment] fund shall be forthwith transferred and credited to the following designated funds in the following proportions, respectively, to wit:

To the Idaho State University fund, four-fifteenths (4/15) thereof;

To the State Juvenile Corrections Institutions fund, four-fifteenths (4/15) thereof;

To the State Hospital North fund, four-fifteenths (4/15) thereof;

To the Division of Veterans Services fund, five-thirtieths (5/30) thereof;

To the School for the Deaf and Blind fund, one-thirtieth (1/30) thereof.

§ 66-1107. Moneys credited or accruing to special funds — Exclusive use.

All moneys heretofore properly credited to or accruing to any special fund heretofore created out of any portion of the expendable income from the land grant of one hundred fifty thousand (150,000) acres aforesaid, for the support or maintenance of the Idaho State University, the State Juvenile Corrections Center, State Hospital North, Division of Veterans Services and the State School for the Deaf and the Blind, respectively, or any of such institutions, together with all funds hereafter accruing under this act to the funds designated in section 66-1106, Idaho Code, are hereby appropriated for the maintenance of said institutions, respectively, and no portion of said funds shall be diverted to any other purpose or transferred to any other fund: provided, that no provision hereof shall be so construed as to preclude the state controller from correcting errors in the apportionment of receipts or distribution of disbursements heretofore or hereafter erroneously credited or charged to any of such funds.

§ 66-1108. School for the deaf and the blind fund.

Any and all funds heretofore accruing to the credit of the charitable institutions fund on the books of the state controller and state treasurer and not properly transferred or credited to funds known and designated as “The Academy of Idaho Fund,” “The Idaho Technical Institute Fund” or “The Southern Branch of the University of Idaho Fund,” “The Idaho Industrial Reform School Fund” or “The Idaho Industrial Training School Fund,” “The Northern Idaho Insane Asylum Fund” or “The Northern Idaho Sanitarium Fund,” “The Soldiers’ Home Fund” and the “School for the Deaf and the Blind Fund” or the “Deaf and Blind School Fund,” shall be transferred and credited to a special fund to be known as the “School for the Deaf and the Blind Fund.”

§ 66-1201. Enactment of compact.

The Interstate Compact on Mental Health is hereby enacted into law and entered into by this state with all other states legally joining therein in the form substantially as follows:

ARTICLE I

The party states find that the proper and expeditious treatment of the mentally ill and mentally deficient can be facilitated by cooperative action, to the benefit of the patients, their families, and society as a whole. Further, the party states find that the necessity of and desirability for furnishing such care and treatment bears no primary relation to the residence or citizenship of the patient but that, on the contrary, the controlling factors of community safety and humanitarianism require that facilities and services be made available for all who are in need of them. Consequently, it is the purpose of this compact and of the party states to provide the necessary legal basis for the institutionalization or other appropriate care and treatment of the mentally ill and mentally deficient under a system that recognizes the paramount importance of patient welfare and to establish the responsibilities of the party states in terms of such welfare.

ARTICLE II

As used in this compact:

1. “Sending state” shall mean a party state from which a patient is transported pursuant to the provisions of the compact or from which it is contemplated that a patient may be so sent.
2. “Receiving state” shall mean a party state to which a patient is transported pursuant to the provisions of the compact or to which it is contemplated that a patient may be so sent.
3. “Institution” shall mean any hospital or other facility maintained by a party state or political subdivision thereof for the care and treatment of mental illness or mental deficiency.
4. “Patient” shall mean any person subject to or eligible as determined by the laws of the sending state, for institutionalization or other care, treatment, or supervision pursuant to the provisions of this compact.
5. “After-care” shall mean care, treatment and services provided a patient, as defined herein, or [on] convalescent status or conditional release.
6. “Mental illness” shall mean mental disease to such extent that a person so afflicted requires care and treatment for his own welfare, or the welfare of others, or of the community.
7. “Mental deficiency” shall mean mental deficiency as defined by appropriate clinical authorities to such extent that a person so afflicted is incapable of managing himself and his affairs, but shall not include mental illness as defined herein.
8. “State” shall mean any state, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

ARTICLE III

1. Whenever a person physically present in any party state shall be in need of institutionalization by reason of mental illness or mental deficiency, he shall be eligible for care and treatment in an institution in that state irrespective of his residence, settlement or citizenship qualifications. (b) The provisions of paragraph (a) of this article to the contrary notwithstanding, any patient may be transferred to an institution in another state whenever there are factors based upon clinical determinations indicating that the care and treatment of said patient would be facilitated or improved thereby. Any such institutionalization may be for the entire period of care and treatment or for any portion or portions thereof. The factors referred to in this paragraph shall include the patient’s full record with due regard for the location of the patient’s family, character of the illness and probable duration thereof, and such other factors as shall be considered appropriate.

(c) No state shall be obliged to receive any patient pursuant to the provisions of paragraph (b) of this article unless the sending state has given advance notice of its intention to send the patient; furnished all available medical and other pertinent records concerning the patient; given the qualified medical or other appropriate clinical authorities of the receiving state an opportunity to examine the patient if said authorities so wish; and unless the receiving state shall agree to accept the patient.

(d) In the event that the laws of the receiving state establish a system of priorities for the admission of patients, an interstate patient under this compact shall receive the same priority as a local patient and shall be taken in the same order and at the same time that he would be taken if he were a local patient.

(e) Pursuant to this compact, the determination as to the suitable place of institutionalization for a patient may be reviewed at any time and such further transfer of the patient may be made as seems likely to be in the best interest of the patient.

ARTICLE IV

1. Whenever, pursuant to the laws of the state in which a patient is physically present, it shall be determined that the patient should receive after-care or supervision, such care or supervision may be provided in a receiving state. If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state shall have reason to believe that after-care in another state would be in the best interest of the patient and would not jeopardize the public safety, they shall request the appropriate authorities in the receiving state to investigate the desirability of affording the patient such after-care in said receiving state, and such investigation shall be made with all reasonable speed. The request for investigation shall be accompanied by complete information concerning the patient’s intended place of residence and the identity of the person in whose charge it is proposed to place the patient, the complete medical history of the patient, and such other documents as may be pertinent.
2. If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state and the appropriate authorities in the receiving state find that the best interest of the patient would be served thereby, and if the public safety would not be jeopardized thereby, the patient may receive after-care or supervision in the receiving state.
3. In supervising, treating, or caring for a patient on after-care pursuant to the terms of this article, a receiving state shall employ the same standards of visitation, examination, care, and treatment that it employs for similar local patients.

ARTICLE V

Whenever a dangerous or potentially dangerous patient escapes from an institution in any party state, the state shall promptly notify all appropriate authorities within and without the jurisdiction of the escapee [escape] in a manner reasonably calculated to facilitate the speedy apprehension of the escapee. Immediately upon the apprehension and identification of any such dangerous or potentially dangerous patient, he shall be detained in the state where found pending disposition in accordance with law.

ARTICLE VI

The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the patient, shall be permitted to transport any patient being moved pursuant to this compact through any and all states party to this compact, without interference.

ARTICLE VII

1. No person shall be deemed a patient of more than one institution at any given time. Completion of transfer of any patient to an institution in a receiving state shall have the effect of making the person a patient of the institution in the receiving state.
2. The sending state shall pay all costs of and incidental to the transportation of any patient pursuant to this compact, but any two or more party states may, by making a specific agreement for that purpose, arrange for a different allocation of costs as among themselves.
3. No provision of this compact shall be construed to alter or affect any internal relationships among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.
4. Nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to any provision of this compact.
5. Nothing in this compact shall be construed to invalidate any reciprocal agreement between a party state and a nonparty state relating to institutionalization, care or treatment of the mentally ill or mentally deficient, or any statutory authority pursuant to which such agreements may be made.

ARTICLE VIII

1. Nothing in this compact shall be construed to abridge, diminish, or in any way impair the rights, duties, and responsibilities of any patient’s guardian on his own behalf or in respect of any patient for whom he may serve, except that where the transfer of any patient to another jurisdiction makes advisable the appointment of a supplemental or substitute guardian, any court of competent jurisdiction in the receiving state may make such supplemental or substitute appointment and the court which appointed the previous guardian shall upon being duly advised of the new appointment, and upon the satisfactory completion of such accounting and other acts as such court may by law require, relieve the previous guardian of power and responsibility to whatever extent shall be appropriate in the circumstances; provided, however, that in the case of any patient having settlement in the sending state, the court of competent jurisdiction in the sending state shall have the sole discretion to relieve a guardian appointed by it or continue his power and responsibility, whichever it shall deem advisable. The court in the receiving state may, in its discretion, confirm or reappoint the person or persons previously serving as guardian in the sending state in lieu of making a supplemental or substitute appointment. (b) The term “guardian” as used in paragraph (a) of this article shall include any guardian, trustee, legal committee, conservator, or other person or agency however denominated who is charged by law with power to act for or responsibility for the person or property of a patient.

ARTICLE IX

1. No provisions [provision] of this compact except Article V shall apply to any person institutionalized while under sentence in a penal or correctional institution or while subject to trial on a criminal charge, or whose institutionalization is due to the commission of an offense for which, in the absence of mental illness or mental deficiency, said person would be subject to incarceration in a penal or correctional institution.
2. To every extent possible, it shall be the policy of states party to this compact that no patient shall be placed or detained in any prison, jail or lockup, but such patient shall, with all expedition, be taken to a suitable institutional facility for mental illness or mental deficiency.

ARTICLE X

1. Each party state shall appoint a “compact administrator” who, on behalf of his state, shall act as general coordinator of activities under the compact in his state and who shall receive copies of all reports, correspondence, and other documents relating to any patient processed under the compact by his state either in the capacity of sending or receiving state. The compact administrator or his duly designated representative shall be the official with whom other party states shall deal in any matter relating to the compact or any patient processed thereunder.
2. The compact administrators of the respective party states shall have power to promulgate reasonable rules and regulations to carry out more effectively the terms and provisions of this compact.

ARTICLE XI

The duly constituted administrative authorities of any two or more party states may enter into supplementary agreements for the provision of any service or facility or for the maintenance of any institution on a joint or cooperative basis whenever the states concerned shall find that such agreements will improve services, facilities, or institutional care and treatment in the fields of mental illness or mental deficiency. No such supplementary agreement shall be construed so as to relieve any party state of any obligation which it otherwise would have under other provisions of this compact.

ARTICLE XII

This compact shall enter into full force and effect as to any state when enacted by it into law and such state shall thereafter be a party thereto with any and all states legally joining therein.

ARTICLE XIII

1. A state party to this compact may withdraw therefrom by enacting a statute repealing the same. Such withdrawal shall take effect one year after notice thereof has been communicated officially and in writing to the governors and compact administrators of all other party states. However, the withdrawal of any state shall not change the status of any patient who has been sent to said state or sent out of said state pursuant to the provisions of the compact. (b) Withdrawal from any agreement permitted by Article VII(b) as to costs or from any supplementary agreement made pursuant to Article XI shall be in accordance with the terms of such agreement.

ARTICLE XIV

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

§ 66-1202. Compact administrator.

Pursuant to said compact, the governor is hereby authorized and empowered to designate an officer who shall be the compact administrator and who, acting jointly with like officers of other party states, shall have power to promulgate rules and regulations to carry out more effectively the terms of the compact. Said compact administrator shall serve subject to the pleasure of the governor. The compact administrator is hereby authorized, empowered and directed to cooperate with all departments, agencies and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or of any supplementary agreement or agreements entered into by this state thereunder.

§ 66-1203. Supplementary agreements.

The compact administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to Articles VII and XI of the compact. In the event that such supplementary agreements shall require or contemplate the use of any institution or facility of this state or require or contemplate the provision of any service by this state, no such agreement shall have force or effect until approved by the head of the department or agency under whose jurisdiction said institution or facility is operated or whose department or agency will be charged with the rendering of such service.

§ 66-1204. Finances.

The compact administrator, subject to the approval of the board of examiners, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder.

§ 66-1205. Transmission of copies of act.

Duly authenticated copies of this act shall, upon its approval, be transmitted by the secretary of state to the governor of each state, the attorney general and the secretary of state of the United States, and the Council of State Governments.

§ 66-1301. Program established.

The state board of correction shall establish, operate and maintain a program for persons displaying evidence of mental illness or psychosocial disorders and requiring diagnostic services and treatment in a maximum security setting, and for other criminal commitments as determined by the board of correction or its designee. The program shall be identifiably separate and apart from those functions and other programs maintained by the board for the ordinary prison population.

§ 66-1302. Administrator.

An administrator of the Idaho security medical program shall be appointed by the board of correction or its designee. The administrator shall be a reputable and qualified person experienced in the administration of programs for the care and treatment of persons afflicted with mental disorders and with such other qualifications as the board deems necessary.

§ 66-1303. Administrator’s duties.

The administrator shall:

1. Perform all duties required by law and by the board of correction not inconsistent with this chapter.
2. Maintain cognizance of and secure the professional care and treatment of each patient.
3. Maintain a complete record on the condition of each patient.
4. Retain custody of all patients in such manner as deemed necessary and in the best interest of the patients subject to the rules of the board of correction.
5. Advise and consult with the director of the department of correction regarding the admissions and releases of patients to and from the program within any facility.
6. To have care and custody over inmates assigned to the program under the provisions of section 66-1301, Idaho Code.

§ 66-1304. Sources of residents.

1. Patients admitted to the program may originate from the following sources:
   1. Commitments by the courts as unfit to proceed pursuant to section 18-212, Idaho Code.
   2. Commitments by the courts of persons acquitted of a crime on the grounds of mental illness or defect pursuant to section 18-214, Idaho Code.
   3. Referrals by the courts for psychosocial diagnosis and recommendations as part of the pretrial or presentence procedure or determination of mental competency to stand trial.
   4. Mentally ill adult prisoners from city, county and state correctional institutions for diagnosis, evaluation or treatment.
   5. Commitments by the courts pursuant to section 66-329, Idaho Code.
   6. Criminal commitments of the Idaho department of correction requiring some form of specialized program not otherwise available.
2. Residents coming to the program in the circumstances of subsection (1)(a), (b) and (e) of this section must first be found to be both dangerous and mentally ill, as defined in section 66-1305, Idaho Code, in judicial proceedings conducted in accordance with section 66-329, Idaho Code.

§ 66-1305. Dangerous and mentally ill persons defined.

For purposes of this chapter persons found to be both dangerous and mentally ill shall mean persons found by a court of competent jurisdiction pursuant to any lawful proceeding:

1. To be in such mental condition that they are in need of supervision, evaluation, treatment and care; and
2. To present a substantial risk of physical harm to other persons as manifested by evidence of homicidal or other violent behavior or evidence that others are placed in reasonable fear of violent behavior and serious physical harm to them; and
3. To be dangerous to such a degree that a maximum security treatment setting is required.

§ 66-1306. Final decision.

The final decision regarding the admission or discharge of patients to the program shall rest with the director of the department of correction, after consultation with the administrator.

§ 66-1307. Return of patient.

When a patient transferred under the program from any other correctional institution or admitted by order of any court no longer requires special treatment in the maximum security setting, the patient shall be returned to the source from which received. The correctional institution or court that referred the patient to the program shall retain constructive jurisdiction over the patient.

§ 66-1308. Transportation of patients.

When a patient is admitted to the program from a state institution or by order of any court, the expenses and responsibility for transportation of such patients from and to the facility where the patient will be admitted into the program shall be borne by the original institution or the county of the court ordering such admission.

§ 66-1309. Costs and charges.

The administrator shall seek recovery for expenses incurred in the evaluation, treatment and care of residents as follows:

1. Extraordinary costs for evaluation, treatment and care of referees by the court for psychosocial diagnosis and recommendations as part of the pretrial or presentence procedure or determination of fitness to proceed shall be charged to the court referring such persons.
2. Extraordinary costs for evaluation, treatment and care of mentally ill prisoners from county jails admitted for diagnosis shall be charged to the county so referring.
3. Extraordinary costs for evaluation, treatment and care of commitments by the courts as unfit to proceed shall be the responsibility of the court so committing.
4. Commitments by the courts after acquittal of a crime on the grounds of mental illness or defect shall be considered a responsibility of the department of correction.
5. Transferees from other institutions under the jurisdiction of the department of correction shall be considered a responsibility of the department of correction.
6. For purposes of this section, the term “extraordinary costs of evaluation, treatment and care” includes but is not limited to neurological evaluation, CAT scan, endocrine and/or metabolic evaluation, electro-convulsive therapy, surgery or medical treatment which requires the patient to be transferred to a hospital outside the facility, eyeglasses, and expert witness fees and expenses for court appearances; provided, however, the term does not include physical examination, psychiatric evaluation, psychological testing, obtaining social, medical and criminal histories, group and individual therapy, psychiatric treatment, medication, medical care which can be provided at the facility which is not elective or cosmetic, emergency dental treatment provided at the facility, and board, room and basic toiletries.

§ 66-1310. Civil rights of residents.

All patients received from any institution or facility under the jurisdiction of the department of health and welfare shall be accorded those civil rights provided by section 66-346, Idaho Code, with the exception of those aspects of the right to privacy which are inconsistent with the maintenance of a maximum security setting.

§ 66-1311. Right to humane care and treatment.

Every patient shall be entitled to humane care and treatment.

§ 66-1312. Standards for treatment.

The department of correction and the department of health and welfare shall jointly develop appropriate standards for treatment of patients committed under this program. It shall be the responsibility of the administrator of the program to implement those standards.

§ 66-1313. Mechanical restraints.

Mechanical restraints shall not be applied to a patient unless it is determined that such is necessary for either his safety or the safety of other persons at the facility. Every use of a mechanical restraint and the reasons therefor shall be made a part of the clinical record of the patient under the signature of the administrator of the program, except that mechanical restraints may be used without such recording during transportation of residents from or to any facility.

§ 66-1314. Interstate contracts.

The administrator is authorized to enter into agreements, through the department of correction, with other states for diagnosis and treatment of persons from such states who are both dangerous and mentally ill, on the basis of patient exchange or per diem interstate billing of all costs and expenses.

§ 66-1315. Short title.

This chapter may be referred to as and cited as the “Idaho Security Medical Program Act.”

§ 66-1316. Patients from other institutions.

The state board of correction shall be authorized to receive and admit patients of any institution or facility under the jurisdiction of the department of health and welfare, which patients have been determined by a court to be both dangerous and mentally ill as defined in section 66-1305, Idaho Code. The department of health and welfare shall in such cases, retain jurisdiction over the patients.

§ 66-1317. Review of involuntary treatment.

The state board of correction shall adopt procedures ensuring that treatment plans are developed for patients in the program for whom the court has authorized treatment, that the relative risks and benefits of specific modes of treatment contained in such plans are explained, to the extent possible, to each patient; that when treatment is given over the objection of a patient, there is a review of the decision to provide treatment independent of the treating professional and that a statement explaining the reasons for giving treatment over objection of the patient shall be entered in the patient’s treatment record over the signature of the program administrator.

§ 66-1318. Transfer to noncorrectional facilities.

Prisoners with a mental illness or defect committed to the board of correction may be transferred to facilities of the department of health and welfare in accordance with rules adopted pursuant to section 66-335, Idaho Code.

§ 66-1401. Short title.

This chapter shall be known and may be cited as the “Secure Treatment Facility Act.”

§ 66-1402. Authority.

1. The department of health and welfare shall have the power to establish, operate and maintain a secure treatment facility for persons with an intellectual or developmental disability who pose a substantial threat to the safety of others. These persons may also have co-occurring mental illness requiring diagnostic services and treatment in a secure facility. The facility shall be identifiably separate from other facilities managed by the department of health and welfare for persons with an intellectual or a developmental disability. The provisions of this chapter shall be liberally construed to accomplish these purposes.
2. The director of the department of health and welfare or the director’s designee shall have the authority to make rules for the governance of the facility and program consistent with this chapter.
3. When a person is the subject of a court order pursuant to section 66-1404, Idaho Code, for admission to a secure facility, the department may disposition the person to the facility or another appropriate placement.
4. The department of health and welfare division of licensing and certification will develop a license and survey process for the facility.
5. The provisions of chapter 4, title 66, Idaho Code, apply unless otherwise specified.

§ 66-1403. Definitions.

As used in this chapter:

1. “Administrator” means the administrator of the secure treatment facility.
2. “Adult” means an individual eighteen (18) years of age or older.
3. “Department” means the Idaho department of health and welfare.
4. “Developmental disability” means a developmental disability as defined in section 66-402, Idaho Code, or an intellectual disability as defined in section 73-114, Idaho Code.
5. “Director” means the director of the department.
6. “Dual diagnosis” means the coexistence of the symptoms of both intellectual or developmental disabilities and mental health issues.
7. “Facility” or “secure treatment facility” means the facility to be operated by the department to fulfill the purposes of this chapter. The facility shall, at a minimum, include:
   1. Locked, fenced and enclosed grounds accessible only to persons, staff and authorized individuals;
   2. Locked residential units;
   3. Bedroom and building exit alarms;
   4. Monitoring cameras in all common areas;
   5. Modified interiors to reduce risk of suicide; and
   6. Restricted access to items that could be used as weapons.
8. “Person” means an individual subject to judicial proceedings authorized by the provisions of this chapter who is being considered for disposition or is admitted and dispositioned into the secure treatment facility.
9. “Serious mental illness” means any of the following psychiatric illnesses as defined by the American psychiatric association in the diagnostic and statistical manual of mental disorders (DSM):
   1. Schizophrenia spectrum and other related disorders;
   2. Paranoia and other psychotic disorders;
   3. Bipolar and other related disorders;
   4. Depressive disorders;
   5. Trauma and stressor-related disorders;
   6. Anxiety disorders;
   7. Obsessive-compulsive and other related disorders;
   8. Dissociative disorders; and
   9. Personality disorders.
10. “Substantial threat to the safety of others” means the presentation, by a person, of a substantial risk to physically harm other individuals, as manifested by evidence of violent behavior.

§ 66-1404. Criteria for admission.

1. To be admitted to the facility, a person must:
   1. Have a primary diagnosis of developmental disability, as determined by the department, and a diagnosis of serious mental illness;
   2. Be an adult;
   3. Meet one (1) of the following grounds:
      1. The person is charged with a crime and is committed to the department to undergo evaluation or treatment for competency to stand trial in conformance with chapter 2, title 18, Idaho Code; or
      2. The person is civilly committed to the custody of the department in conformance with chapter 4, title 66, Idaho Code; and
   4. Be found, by a court, to present a substantial threat to the safety of others if not evaluated or treated in a secure facility.
2. If the court finds that the person meets the criteria for admission, the court shall, as part of the commitment to the department, order that the person is appropriate to be admitted to the facility.

§ 66-1405. Disposition, redisposition and discharge.

1. Disposition. Disposition of a person into the facility shall be determined solely by the director or the director’s designee. In considering whether a person should be dispositioned to the facility, the director or the director’s designee may consider any relevant factor including, but not limited to, the following:
   1. Whether less-restrictive alternatives, including services provided in community residential facilities or other community settings that would offer an opportunity for improvement of the condition, have been judged to be inappropriate;
   2. Whether admission of the person would cause overcrowding of the facility; and
   3. Whether the facility is unable to provide appropriate care or treatment for the person.
2. Transportation. Upon admission, the person shall be transported to the facility in conformance with chapter 2, title 18, Idaho Code, or chapter 4, title 66, Idaho Code.
3. Redisposition and notice.
   1. After placement in the facility, the director or the director’s designee may redisposition the person to a less-restrictive facility. If the person was committed to the department under title 18, Idaho Code, notice of change of disposition shall be filed with the committing court. If the person was committed to the department under this title, notice of change in disposition shall be given in accordance with section 66-407, Idaho Code.
   2. A judicial order that a person is appropriate to be admitted to the facility constitutes continuing authorization for the department to redisposition a person back into the facility as long as the commitment to the department continues under chapter 2, title 18, Idaho Code, or chapter 4, title 66, Idaho Code. If the director or the director’s designee has dispositioned a person to a less-restrictive facility and later redispositions the person to the secure treatment facility, the person may appeal the redisposition to the committing court within thirty (30) days’ notice of the change in disposition. The court shall consider the following admission criteria:
      1. Whether the person continues to present a substantial threat to the safety of others if not evaluated or treated in a secure facility; and
      2. Whether its order that the person may be admitted to a secure treatment facility continues to be appropriate.
4. Discharge. The director or the director’s designee shall review the person’s progress every ninety (90) days to determine whether the person continues to meet the program criteria. If the person no longer meets the program criteria as provided in this chapter, the director or the director’s designee shall discharge the person from the facility. The director or the director’s designee may discharge the person from the commitment under chapter 2, title 18, Idaho Code, or chapter 4, title 66, Idaho Code, or redisposition the person to a less-restrictive setting. If the person is discharged from commitment, notice shall be given as allowed by law authorizing the commitment.

If the court finds that the person does not meet either admission criteria, the department shall disposition the person to a placement other than the facility, or discharge the person from commitment in accordance with chapter 2, title 18, Idaho Code, or chapter 4, title 66, Idaho Code.

§ 66-1406. Rights of persons.

1. All persons shall be accorded those civil rights provided by chapter 4, title 66, Idaho Code, except as otherwise provided in this section.
2. Access to attorney and advocacy. Every person in the facility shall at all times have the right to visit and be visited by or to communicate by sealed mail, telephone, or otherwise with the person’s attorney, an employee at the attorney’s firm or a representative of the state protection and advocacy system. Each person shall have reasonable access to letter-writing material and postage for this purpose.
3. Court order. The department may limit civil rights if and as provided in a court order.
4. Limitations on communication, visitation and property in the facility. Except as provided in subsection (2) of this section, the department may limit a person’s rights to communicate with individuals inside or outside the facility or to receive visitors or associate freely with individuals, and to keep and use the person’s own personal possessions, only if the following occurs:
   1. The decision to limit such person’s rights is a clinical decision made as part of the person’s individual treatment plan developed in accordance with chapter 4, title 66, Idaho Code;
   2. A statement explaining the reasons for such limitations shall immediately be entered in the person’s treatment record;
   3. Copies of such statement shall be sent to the person’s attorney, guardian, and the person’s spouse, adult next of kin, or friend, if any; and
   4. The person may appeal the treatment decisions that limit the person’s rights under this section to the department’s human rights committee within thirty (30) days.
5. The use of mechanical restraints during the transportation to or from any facility must be in compliance with section 66-345, Idaho Code.

§ 66-1407. Treatment.

1. The director or the director’s designee shall have the power to develop appropriate standards and rules for treatment of persons in the facility. It shall be the responsibility of the director or the director’s designee to implement those standards.
2. The relative risks and benefits of specific modes of treatment contained in such plans shall be explained to each person or the spouse, guardian, adult next of kin or friend of the person, to the extent allowable by law.
3. The ability of a person to make informed decisions as to treatment will be made in accordance with a person’s commitment to the department as provided in chapter 2, title 18, Idaho Code, or chapter 4, title 66, Idaho Code.
4. Restraints may be used only when a person poses an imminent risk of physical harm to self or others and restraints are the least-restrictive intervention that would achieve safety.
5. The person shall be entitled to be diagnosed, cared for and treated in a manner consistent with the person’s legal rights and in a manner no more restrictive than necessary for the person’s protection and the protection of others for a period no longer than reasonably necessary for diagnosis, care, treatment and protection.