2005 Idaho Code - 19-2522 — EXAMINATION OF DEFENDANT FOR EVIDENCE OF MENTAL CONDITION -- APPOINTMENT OF PSYCHIATRISTS OR LICENSED PSYCHOLOGISTS -- HOSPITALIZATION -- REPORTS

                                  TITLE  19
                              CRIMINAL PROCEDURE
                                  CHAPTER 25
                                   JUDGMENT
    19-2522.  EXAMINATION OF DEFENDANT FOR EVIDENCE OF MENTAL CONDITION --
APPOINTMENT OF PSYCHIATRISTS OR LICENSED PSYCHOLOGISTS -- HOSPITALIZATION --
REPORTS. (1) If there is reason to believe the mental condition of the
defendant will be a significant factor at sentencing and for good cause shown,
the court shall appoint at least one (1) psychiatrist or licensed psychologist
to examine and report upon the mental condition of the defendant. The costs of
examination shall be paid by the defendant if he is financially able. The
determination of ability to pay shall be made in accordance with chapter 8,
title 19, Idaho Code. The order appointing or requesting the designation of a
psychiatrist or licensed psychologist shall specify the issues to be resolved
for which the examiner is appointed or designated.
    (2)  In making such examination, any method may be employed which is
accepted by the examiner's profession for the examination of those alleged to
be suffering from a mental illness or defect.
    (3)  The report of the examination shall include the following:
    (a)  A description of the nature of the examination;
    (b)  A diagnosis, evaluation or prognosis of the mental condition of the
    defendant;
    (c)  An analysis of the degree of the defendant's illness or defect and
    level of functional impairment;
    (d)  A consideration of whether treatment is available for the defendant's
    mental condition;
    (e)  An analysis of the relative risks and benefits of treatment or
    nontreatment;
    (f)  A consideration of the risk of danger which the defendant may create
    for the public if at large.
    (4)  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.
    (5)  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
defendant for the purpose of examination.
    (6)  Nothing in this section is intended to limit the consideration of
other evidence relevant to the imposition of sentence.