Amends existing law to include tribal health facilities in provisions regarding certain detentions without hearing.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1255 BY HEALTH AND WELFARE COMMITTEE AN ACT1 RELATING TO HOSPITALIZATION OF MENTALLY ILL; AMENDING SECTION 66-326, IDAHO2 CODE, TO REVISE PROVISIONS REGARDING DETENTION WITHOUT HEARING; AND3 DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.4

Be It Enacted by the Legislature of the State of Idaho:5

SECTION 1. That Section 66-326, Idaho Code, be, and the same is hereby6 amended to read as follows:7 66-326. DETENTION WITHOUT HEARING. (1) No person shall be taken into8 custody or detained as an alleged emergency patient for observation, diag-9 nosis, evaluation, care or treatment of mental illness unless and until the10 court has ordered such apprehension and custody under the provisions out-11 lined in section 66-329, Idaho Code; provided, however, that a person may be12 taken into custody by a peace officer and placed in a facility, or the per-13 son may be detained at a hospital or tribal health facility at which the per-14 son presented or was brought to receive medical or mental health care, if the15 peace officer or a physician medical staff member of such hospital or tribal16 health facility or a physician's assistant or advanced practice registered17 nurse practicing in such hospital or tribal health facility has reason to be-18 lieve that the person is gravely disabled due to mental illness or the per-19 son's continued liberty poses an imminent danger to that person or others,20 as evidenced by a threat of substantial physical harm; provided, under no21 circumstances shall the proposed patient be detained in a nonmedical unit22 used for the detention of individuals charged with or convicted of penal of-23 fenses. For purposes of this section, the term "peace officer" shall in-24 clude tribal police officers and state probation and parole officers exer-25 cising their authority to supervise probationers and parolees. Whenever a26 person is taken into custody or detained under this section without court or-27 der, the evidence supporting the claim of grave disability due to mental ill-28 ness or imminent danger must be presented to a duly authorized court within29 twenty-four (24) hours from the time the individual was placed in custody or30 detained.31 (2) If the court finds the individual to be gravely disabled due to men-32 tal illness or imminently dangerous under subsection (1) of this section,33 the court shall issue a temporary custody order requiring the person to be34 held in a facility, and requiring an examination of the person by a desig-35 nated examiner within twenty-four (24) hours of the entry of the order of the36 court. Under no circumstances shall the proposed patient be detained in a37 nonmedical unit used for the detention of individuals charged with or con-38 victed of penal offenses.39 (3) Where an examination is required under subsection (2) of this sec-40 tion, the designated examiner shall make his findings and report to the court41 within twenty-four (24) hours of the examination.42

2 (4) If the designated examiner finds, in his examination under this1 section, that the person is mentally ill, and either is likely to injure him-2 self or others or is gravely disabled due to mental illness, the prosecuting3 attorney shall file, within twenty-four (24) hours of the examination of the4 person, a petition with the court requesting the patient's detention pend-5 ing commitment proceedings pursuant to the provisions of section 66-329,6 Idaho Code. Upon the receipt of such a petition, the court shall order his7 detention to await hearing which shall be within five (5) days (including8 Saturdays, Sundays and legal holidays) of the detention order. If no pe-9 tition is filed within twenty-four (24) hours of the designated examiner's10 examination of the person, the person shall be released from the facility.11 (5) Any person held in custody under the provisions of this section12 shall have the same protection and rights that are guaranteed to a person13 already committed to the department director. Upon taking a person into14 custody, a good faith effort shall be made to provide notice to the person's15 legal guardian, parent, spouse, or adult next-of-kin of the person's physi-16 cal whereabouts and the reasons for taking the person into custody.17 (6) Nothing in this section shall preclude a hospital or tribal health18 facility from transferring a person who has been detained under this section19 to another facility that is willing to accept the transferred individual for20 purposes of observation, diagnosis, evaluation, care or treatment.21

SECTION 2. An emergency existing therefor, which emergency is hereby22 declared to exist, this act shall be in full force and effect on and after23 July 1, 2026.24