Amends existing law to revise provisions regarding the detention or involuntary admission of developmentally disabled or mentally ill persons.
DEVELOPMENTALLY DISABLED AND MENTALLY ILL PERSONS -- Amends existing law to revise provisions regarding the detention or involuntary admission of developmentally disabled or mentally ill persons.
STATEMENT OF PURPOSE
The purpose of this legislation is to provide a mechanism to institute involuntary commitment proceedings, pursuant to Idaho Code §§66-326, 66-329, and 66-406, for defendants who, by way of mental illness or developmental disability, are determined to be incompetent and unable to be restored to competence in order to stand trial, when the appropriate conditions have been met. This change will allow county prosecutors to pursue civil commitment of defendants who meet the other existing criteria, consistent with the requirements of Idaho Code §18-212(4). Additionally, it will change the definition of mental illness to include neurocognitive disorders, allowing for involuntary commitments of those suffering from neurocognitive disorders, when they meet the other requirements under the statute. This would be in addition to the crisis holds described in Idaho Code §§56-2104 and 56-2105. This recognizes that resources for finding permanent placements for people suffering from neurocognitive disorders vary greatly throughout the state and provides for a viable alternative to keep the patient and the community safe while more permanent placement options are explored, particularly in rural communities with smaller hospitals or fewer medical professionals.
LATEST ACTION
Reported Printed and Referred to Judiciary, Rules & Administration
BILL INFO
- Session
- 2026
- Chamber
- house
- Status date
- Feb 10, 2026