US Laws, Codes, Statutes & Cases

                                  TITLE  18
                            CRIMES AND PUNISHMENTS
                                  CHAPTER 2
                          PERSONS LIABLE, PRINCIPALS
                               AND ACCESSORIES
    18-212.  DETERMINATION OF FITNESS OF DEFENDANT TO PROCEED -- SUSPENSION OF
PROCEEDING AND COMMITMENT OF DEFENDANT -- POSTCOMMITMENT HEARING. (1) When the
defendant's fitness to proceed is drawn in question, the issue shall be
determined by the court. The court shall also determine, based on the
examiner's findings, whether the defendant lacks capacity to make informed
decisions about treatment. If neither the prosecuting attorney nor counsel for
the defendant contests the finding of the report filed pursuant to section
18-211, Idaho Code, the court may make the determination on the basis of such
report. If the finding is contested, the court shall hold a hearing on the
issue. If the report is received in evidence upon such hearing, the party who
contests the finding thereof shall have the right to summon and to
cross-examine the psychiatrist or licensed psychologist who submitted the
report and to offer evidence upon the issue.
    (2)  If the court determines that the defendant lacks fitness to proceed,
the proceeding against him shall be suspended, except as provided in
subsections (5) and (6) of this section, and the court shall commit him to the
custody of the director of the department of health and welfare, for a period
not exceeding ninety (90) days, for care and treatment at an appropriate
facility of the department of health and welfare or if the defendant is found
to be dangerously mentally ill as defined in section 66-1305, Idaho Code, to
the department of correction for a period not exceeding ninety (90) days. The
order of commitment shall include the finding by the court whether the
defendant lacks capacity to make informed decisions about treatment. For
purposes of this section "facility" shall mean a state hospital, institution,
mental health center, or those facilities enumerated in subsection (8) of
section 66-402, Idaho Code, equipped to evaluate or rehabilitate such
defendants. The order of commitment shall require the county sheriff to
transport the defendant to and from the facility and require an evaluation of
the defendant's mental condition at the time of admission to the facility, and
a progress report on the defendant's mental condition. The progress report
shall include an opinion whether the defendant is fit to proceed, or if not,
whether there is a substantial probability the defendant will be fit to
proceed within the foreseeable future. If the report concludes that there is a
substantial probability that the defendant will be fit to proceed in the
foreseeable future, the court may order the continued commitment of the
defendant for an additional one hundred eighty (180) days. If at any time the
director of the facility to which the defendant is committed determines that
the defendant is fit to proceed, such determination shall be reported to the
court.
    (3)  If during a commitment under this section a defendant who has the
capacity to make informed decisions about treatment refuses any and all
treatment, or the only treatment available to restore competency for trial,
the court shall, within seven (7) days, excluding weekends and holidays, of
receiving notice of the defendant's refusal from the facility, conduct a
hearing on whether to order involuntary treatment or order such other terms
and conditions as may be determined appropriate. The burden shall be on the
state to demonstrate grounds for involuntary treatment including, but not
limited to: the prescribed treatment is essential to restore the defendant's
competency, the medical necessity and appropriateness of the prescribed
treatment, no less intrusive treatment alternative exists to render the
defendant competent for trial, and other relevant information. If each of
these findings is made by the court, treatment shall be ordered consistent
with the findings.
    (4)  Each report 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. Upon receipt of a report, the court shall
determine, after a hearing if a hearing is requested, the disposition of the
defendant and the proceedings against him. If the court determines that the
defendant is fit to proceed, the proceeding shall be resumed. If at the end of
the initial ninety (90) days the court determines that the defendant is unfit
and there is not a substantial probability the defendant will be fit to
proceed within the foreseeable future or if the defendant is not fit to
proceed after the expiration of the additional one hundred eighty (180) days,
involuntary commitment proceedings shall be instituted pursuant to either
section 66-329 or 66-406, Idaho Code, in the court in which the criminal
charge is pending.
    (5)  In its review of commitments pursuant to section 66-337, Idaho Code,
the department of health and welfare shall determine whether the defendant is
fit to proceed with trial. The department of health and welfare shall review
its commitments pursuant to chapter 4, title 66, Idaho Code, and may recommend
that the defendant is fit to proceed with trial. If the district court which
committed the defendant pursuant to section 66-406, Idaho Code, agrees with
the department's recommendation and finds the conditions which justified the
order pursuant to section 66-406, Idaho Code, do not continue to exist,
criminal proceedings may resume. If the defendant is fit to proceed, the court
in which the criminal charge is pending shall be notified and the criminal
proceedings may resume. If, however, the court is of the view that so much
time has elapsed, excluding any time spent free from custody by reason of the
escape of the defendant, since the commitment of the defendant that it would
be unjust  to resume the criminal proceeding, the court may dismiss the
charge.
    (6)  If a defendant escapes from custody during his confinement, the
director shall immediately notify the court from which committed, the
prosecuting attorney and the sheriff of the county from which committed. The
court shall forthwith issue an order authorizing any health officer, peace
officer, or the director of the institution from which the defendant escaped,
to take the defendant into custody and immediately return him to his place of
confinement.