HOSPITALIZATION OF MENTALLY ILL – 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
ACT
1
RELATING
TO
HOSPITALIZATION
OF
MENTALLY
ILL;
AMENDING
SECTION
66
-
326,
IDAHO
2
CODE,
TO
REVISE
PROVISIONS
REGARDING
DETENTION
WITHOUT
HEARING;
AND
3
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
hereby
6
amended
to
read
as
follows:
7
66
-
326.
DETENTION
WITHOUT
HEARING.
(1)
No
person
shall
be
taken
into
8
custody
or
detained
as
an
alleged
emergency
patient
for
observation,
diag
-
9
nosis,
evaluation,
care
or
treatment
of
mental
illness
unless
and
until
the
10
court
has
ordered
such
apprehension
and
custody
under
the
provisions
out
-
1
1
lined
in
section
66
-
329,
Idaho
Code;
provided,
however,
that
a
person
may
be
12
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
the
15
peace
officer
or
a
physician
medical
staff
member
of
such
hospital
or
tribal
16
health
facility
or
a
physician's
assistant
or
advanced
practice
registered
17
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
no
21
circumstances
shall
the
proposed
patient
be
detained
in
a
nonmedical
unit
22
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
a
26
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
within
29
twenty
-
four
(24)
hours
from
the
time
the
individual
was
placed
in
custody
or
30
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
be
34
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
the
36
court.
Under
no
circumstances
shall
the
proposed
patient
be
detained
in
a
37
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
court
41
within
twenty
-
four
(24)
hours
of
the
examination.
42

2
(4)
If
the
designated
examiner
finds,
in
his
examination
under
this
1
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
prosecuting
3
attorney
shall
file,
within
twenty
-
four
(24)
hours
of
the
examination
of
the
4
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
his
7
detention
to
await
hearing
which
shall
be
within
five
(5)
days
(including
8
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's
10
examination
of
the
person,
the
person
shall
be
released
from
the
facility.
1
1
(5)
Any
person
held
in
custody
under
the
provisions
of
this
section
12
shall
have
the
same
protection
and
rights
that
are
guaranteed
to
a
person
13
already
committed
to
the
department
director.
Upon
taking
a
person
into
14
custody,
a
good
faith
effort
shall
be
made
to
provide
notice
to
the
person's
15
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
health
18
facility
from
transferring
a
person
who
has
been
detained
under
this
section
19
to
another
facility
that
is
willing
to
accept
the
transferred
individual
for
20
purposes
of
observation,
diagnosis,
evaluation,
care
or
treatment.
21
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
22
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
23
July
1,
2026.
24