2005 Idaho Code - 18-207 — MENTAL CONDITION NOT A DEFENSE -- PROVISION FOR TREATMENT DURING INCARCERATION -- RECEPTION OF EVIDENCE -- NOTICE AND APPOINTMENT OF EXPERT EXAMINERS

                                  TITLE  18
                            CRIMES AND PUNISHMENTS
                                  CHAPTER 2
                          PERSONS LIABLE, PRINCIPALS
                               AND ACCESSORIES
    18-207.  MENTAL CONDITION NOT A DEFENSE -- PROVISION FOR TREATMENT DURING
INCARCERATION -- RECEPTION OF EVIDENCE -- NOTICE AND APPOINTMENT OF EXPERT
EXAMINERS. (1) Mental condition shall not be a defense to any charge of
criminal conduct.
    (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:
    (a)  Notice must be given at least ninety (90) days in advance of trial,
    or such other period as justice may require, that a party intends to raise
    any issue of mental condition and to call expert witnesses concerning such
    issue, failing which such witness shall not be permitted to testify until
    such time as the opposing party has a complete opportunity to consider the
    substance of such testimony and prepare for rebuttal through such opposing
    expert(s) as the party may choose.
    (b)  A party who expects to call an expert witness to testify on an issue
    of mental condition must, on a schedule to be set by the court, furnish to
    the opposing party a written synopsis of the findings of such expert, or a
    copy of a written report. The court may authorize the taking of
    depositions to inquire further into the substance of such reports or
    synopses.
    (c)  Raising an issue of mental condition in a criminal proceeding shall
    constitute a waiver of any privilege that might otherwise be interposed to
    bar the production of evidence on the subject and, upon request, the court
    shall order that the state's experts shall have access to the defendant in
    such cases for the purpose of having its own experts conduct an
    examination in preparation for any legal proceeding at which the
    defendant's mental condition may be in issue.
    (d)  The court is authorized to appoint at least one (1) expert at public
    expense upon a showing by an indigent defendant that there is a need to
    inquire into questions of the defendant's mental condition. 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.
    (e)  If an examination cannot be conducted by reason of the unwillingness
    of the defendant to cooperate, the examiner shall so advise the court in
    writing. In such cases the court may deny the party refusing to cooperate
    the right to present evidence in support of a mental status claim unless
    the interest of justice requires otherwise and shall instruct the jury
    that it may consider the party's lack of cooperation for its effect on the
    credibility of the party's mental status claim.