2010 Idaho Code
TITLE 19 CRIMINAL PROCEDURE
CHAPTER 25 JUDGMENT
19-2524 SUBSTANCE ABUSE AND MENTAL HEALTH TREATMENT.

TITLE 19

CRIMINAL PROCEDURE

CHAPTER 25

JUDGMENT

19-2524. Substance abuse and mental health treatment. (1) When a defendant has pled guilty to or been found guilty of a felony, or when a defendant who has been convicted of a felony has admitted to or been found to have committed a violation of a condition of probation, the court, prior to the sentencing hearing or the hearing on revocation of probation, may order the defendant to undergo a substance abuse assessment and/or a mental health examination.

(2) If a substance abuse assessment ordered pursuant to this section indicates that the defendant is a drug addict or alcoholic, as those terms are defined in section 39-302, Idaho Code, then the assessment submitted to the court shall also include a plan of treatment. If the court concludes at sentencing that the defendant is a drug addict or alcoholic, as those terms are defined in section 39-302, Idaho Code, and if the court places the defendant on probation, the court may order the defendant, as a condition of probation, to undergo treatment consistent with the plan of treatment, subject to modification of the plan of treatment by the court.

(3) (a) If a mental health examination is ordered pursuant to this section, the report of the mental health examination shall include the following:

(i) A description of the nature of the examination;

(ii) A diagnosis, evaluation or prognosis of the mental condition of the defendant;

(iii) An analysis of the degree of the defendant’s illness or defect and level of functional impairment;

(iv) A consideration of whether treatment is available for the defendant’s mental condition;

(v) An analysis of the relative risks and benefits of treatment or nontreatment;

(vi) A consideration of the risk of danger which the defendant may create for the public if at large; and

(vii) A plan of treatment if the mental health examination indicates that:

1. The defendant suffers from a severe and reliably diagnosable mental illness or defect;

2. Without treatment, the immediate prognosis is for major distress resulting in serious mental or physical deterioration of the defendant;

3. Treatment is available for such illness or defect; and

4. The relative risks and benefits of treatment or nontreatment are such that a reasonable person would consent to treatment.

(b) If the court, after receiving the mental health assessment and plan of treatment, determines that additional information is necessary to determine whether the factors listed above in subsection (3)(a) are present, or to determine an appropriate plan of treatment, the court may order an evaluation and/or recommendations for treatment to be furnished by a psychiatrist, licensed physician or licensed psychologist.

(c) If the court concludes at sentencing that all of the factors listed above in subsection (3)(a) are present, and if the court places the defendant on probation, then the court may order as a condition of probation that the defendant undergo treatment consistent with the plan of treatment, subject to modification of the plan of treatment by the court.

(4) Where the court has ordered either a substance abuse assessment or mental health examination of the defendant pursuant to this section, the court shall also order a criminogenic risk assessment of the defendant if such an assessment is not provided in the presentence report. Any substance abuse assessment or report of mental health examination shall, in addition to the criminogenic risk assessment, be delivered to the court, the defendant and the prosecuting attorney prior to the sentencing or the hearing on revocation of probation.

(5) If the defendant is sentenced to the custody of the board of correction, then any substance abuse assessment, report of mental examination, plan of treatment or criminogenic risk assessment shall be sent to the department of correction along with the presentence report.

(6) The expenses of the assessments and examinations, including any evaluation or recommendations for treatment ordered under subsection (3)(a) of this section, and any treatment ordered by the court pursuant to this section shall be borne by the department of health and welfare. The department of health and welfare shall be entitled to any payment received by the defendant or to which he may be entitled for the assessments, examinations and treatment, and to any payment from any public or private source available to the department of health and welfare because of the assessments, examinations and treatment provided to the defendant. The department of health and welfare is authorized to promulgate rules for a schedule of fees to be charged to defendants for the assessments, evaluations and treatments provided to the defendants based upon the costs of such services and the ability of the defendants to pay.


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