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LEGISLATURE OF THE STATE OF IDAHO Sixty-fifth Legislature First Regular Session - 2019 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO.
LEGISLATURE OF THE STATE OF IDAHO Sixty-fifth Legislature First Regular Session - 2019 Moved by Burgoyne Seconded by Thayn IN THE SENATE SENATE AMENDMENT TO H.B.
30, As Amended in the Senate BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE AN ACT RELATING TO CRIMINAL DEFENDANTS;
NO.
AMENDING SECTION 18-211, IDAHO CODE, TO PROVIDE FOR CERTAIN NOTIFICATION AND FOR THE APPOINTMENT OR DESIGNATION OF AN EVALUATION COMMITTEE AND TO MAKE TECHNICAL CORRECTIONS.
30 AMENDMENT TO SECTION 1 On page 2 of the printed bill, delete lines 17 and 18, and insert:
Be It Enacted by the Legislature of the State of Idaho:
"(9) In addition to the psychiatrist or licensed psychologist, the court may appoint additional experts to examine the defendant.
SECTION 1.
In the event a";
That Section 18-211, Idaho Code, be, and the same is hereby amended to read as follows:
following line 21, insert:
18-211.
"(10) In addition to the psychiatrist, licensed psychologist, or eval - uation committee, the court may appoint additional experts to examine the defendant.
EXAMINATION OF DEFENDANT -- APPOINTMENT OF PSYCHIATRISTS AND LICENSED PSYCHOLOGISTS -- HOSPITALIZATION -- REPORT.
";
(1) Whenever there is reason to doubt the defendant's fitness to proceed as set forth in sec- tion 18-210, Idaho Code, the court shall appoint at least one (1) qualified psychiatrist or licensed psychologist or shall request the director of the department of health and welfare to designate at least one (1) qualified psychiatrist or licensed psychologist to examine and report upon the mental condition of the defendant to assist counsel with defense or understand the proceedings.
in line 22, delete "(10)" and insert:
The appointed examiner shall also evaluate whether the defen- dant lacks capacity to make informed decisions about treatment.
"(11) ";
The costs of examination shall be paid by the defendant if he is financially able.
in line 30, delete "(11)" and insert:
The determination of ability to pay shall be made in accordance with chapter 8, title 19, Idaho Code.
"(12) ";
(2) Within three (3) days, excluding Saturdays, Sundays and legal hol- idays, of the appointment or designation, the examiner shall determine the best location for the examination.
and in line 36, delete "(112)" and insert:
If practical, the examination shall be conducted locally on an outpatient basis.
"(113)".
(3) If the examiner determines that confinement is necessary for pur- poses of the examination, the court may order the defendant to be confined to a jail, a hospital, or other suitable facility for that purpose for a period not exceeding thirty (30) days.
12
The order of confinement shall require the county sheriff to transport the defendant to and from the facility and shall notify the facility of any known medical, behavioral, or security require- ments of the defendant.
The court, upon request, may make available to the examiner any court records relating to the defendant.
(4) In such examination, any method may be employed which that is ac- cepted by the examiner's profession for the examination of those alleged not to be competent to assist counsel in their defense.
(5) Upon completion of the examination, a report shall be submitted to the court and shall include the following:
(a) a A description of the nature of the examination;
(b) a A diagnosis or evaluation of the mental condition of the defen- dant;
(c) a An opinion as to the defendant's capacity to understand the pro- ceedings against him and to assist in his own defense;
(d) aAn opinion whether the defendant lacks the capacity to make in- formed decisions about treatment.
"Lack of capacity to make informed decisions about treatment" means the defendant's inability, by reason of his mental condition, to achieve a rudimentary understanding of the purpose, nature, and possible significant risks and benefits of treat- ment, after conscientious efforts at explanation.
(6) If the examination cannot be conducted by reason of the unwilling- ness of the defendant to participate therein, the report shall so state and shall include, if possible, an opinion as to whether such unwillingness of the defendant was the result of mental disease or defect.
(7) The report of the examination shall be filed in triplicate with the clerk of the court, who shall cause copies to be delivered to the prosecuting attorney and to counsel for the defendant.
(8) When the defendant wishes to be examined by an expert of his own choice, such examiner shall be permitted to have reasonable access to the de- fendant for the purpose of examination.
(9) In addition to the psychiatrist or licensed psychologist, the court may appoint additional experts to examine the defendant.
In the event a defendant is suspected of being developmentally disabled, the examination shall proceed with those experts set out in subsection (7) of section 66-402, Idaho Code.
(10) In addition to the psychiatrist, licensed psychologist, or evalu - ation committee, the court may appoint additional experts to examine the de - fendant.
(11) If at any time during the examination process, the examiner has reason to believe that the defendant's alleged incompetency may be the result of a developmental disability and the matter has not already been re - ferred to an evaluation committee for review, the examiner shall immediately notify the court.
The court shall then appoint an evaluation committee or shall order the department of health and welfare to designate, within two (2) business days, an evaluation committee consistent with section 66-402(7), Idaho Code.
(12) If the defendant lacks capacity to make informed decisions about treatment, as defined in section 66-317, Idaho Code, the court may authorize consent to be given pursuant to section 66-322, Idaho Code.
If the defen- dant lacks capacity to make informed decisions as defined in subsection (9) of section 66-402, Idaho Code, the court may authorize consent to be given pursuant to sections 66-404 and 66-405, Idaho Code.
(113) If the defendant was confined solely for the purpose of examina- tion, he shall be released from the facility within three (3) days, excluding Saturdays, Sundays and legal holidays, following notification of completion of the examination.