2013 Idaho Statutes
Title 18 - CRIMES AND PUNISHMENTS
Chapter 2 - PERSONS LIABLE, PRINCIPALS AND ACCESSORIES
Section 18-207 - MENTAL CONDITION NOT A DEFENSE -- PROVISION FOR TREATMENT DURING INCARCERATION -- RECEPTION OF EVIDENCE -- NOTICE AND APPOINTMENT OF EXPERT EXAMINERS.
(2) If by the provisions of section 19-2523, Idaho Code, the court finds that one convicted of crime suffers from any mental condition requiring treatment, such person shall be committed to the board of correction or such city or county official as provided by law for placement in an appropriate facility for treatment, having regard for such conditions of security as the case may require. In the event a sentence of incarceration has been imposed, the defendant shall receive treatment in a facility which provides for incarceration or less restrictive confinement. In the event that a course of treatment thus commenced shall be concluded prior to the expiration of the sentence imposed, the offender shall remain liable for the remainder of such sentence, but shall have credit for time incarcerated for treatment.
(3) Nothing herein is intended to prevent the admission of expert evidence on the issue of any state of mind which is an element of the offense, subject to the rules of evidence.
(4) No court shall, over the objection of any party, receive the evidence of any expert witness on any issue of mental condition, or permit such evidence to be placed before a jury, unless such evidence is fully subject to the adversarial process in at least the following particulars:
History:
[18-207, added 1982, ch. 368, sec. 2, p. 919; am. 1996, ch. 225, sec. 1, p. 737.]
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