2005 Idaho Code - 18-211 — EXAMINATION OF DEFENDANT -- APPOINTMENT OF PSYCHIATRISTS AND LICENSED PSYCHOLOGISTS -- HOSPITALIZATION -- REPORT

                                  TITLE  18
                            CRIMES AND PUNISHMENTS
                                  CHAPTER 2
                          PERSONS LIABLE, PRINCIPALS
                               AND ACCESSORIES
    18-211.  EXAMINATION OF DEFENDANT -- APPOINTMENT OF PSYCHIATRISTS AND
LICENSED PSYCHOLOGISTS -- HOSPITALIZATION -- REPORT. (1) Whenever there is
reason to doubt the defendant's fitness to proceed as set forth in section
18-210, Idaho Code, the court shall appoint at least one (1) qualified
psychiatrist or licensed psychologist or shall request the director of the
department of health and welfare to designate at least one (1) qualified
psychiatrist or licensed psychologist to examine and report upon the mental
condition of the defendant to assist counsel with defense or understand the
proceedings. The appointed examiner shall also evaluate whether the defendant
lacks capacity to make informed decisions about treatment. 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.
    (2)  Within three (3) days, excluding Saturdays, Sundays and legal
holidays, of the appointment or designation, the examiner shall determine the
best location for the examination. If practical, the examination shall be
conducted locally on an outpatient basis.
    (3)  If the examiner determines that confinement is necessary for purposes
of the examination, the court may order the defendant to be confined to a
jail, a hospital, or other suitable facility for that purpose for a period not
exceeding thirty (30) days. The order of confinement shall require the county
sheriff to transport the defendant to and from the facility and shall notify
the facility of any known medical, behavioral, or security requirements of the
defendant. The court, upon request, may make available to the examiner any
court records relating to the defendant.
    (4)  In such examination any method may be employed which is accepted by
the examiner's profession for the examination of those alleged not to be
competent to assist counsel in their defense.
    (5)  Upon completion of the examination a report shall be submitted to the
court and shall include the following:
    (a)  a description of the nature of the examination;
    (b)  a diagnosis or evaluation of the mental condition of the defendant;
    (c)  an opinion as to the defendant's capacity to understand the
    proceedings against him and to assist in his own defense;
    (d)  an opinion whether the defendant lacks the capacity to make informed
    decisions about treatment. "Lack of capacity to make informed decisions
    about treatment" means the defendant's inability, by reason of his mental
    condition, to achieve a rudimentary understanding of the purpose, nature,
    and possible significant risks and benefits of treatment, after
    conscientious efforts at explanation.
    (6)  If the examination cannot be conducted by reason of the unwillingness
of the defendant to participate therein, the report shall so state and shall
include, if possible, an opinion as to whether such unwillingness of the
defendant was the result of mental disease or defect.
    (7)  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.
    (8)  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.
    (9)  In addition to the psychiatrist or licensed psychologist, the court
may appoint additional experts to examine the defendant. In the event a
defendant is suspected of being developmentally disabled, the examination
shall proceed with those experts set out in subsection (7) of section 66-402,
Idaho Code.
    (10) If the defendant lacks capacity to make informed decisions about
treatment, as defined in section 66-317, Idaho Code, the court may authorize
consent to be given pursuant to section 66-322, Idaho Code. If the defendant
lacks capacity to make informed decisions as defined in subsection (9) of
section 66-402, Idaho Code, the court may authorize consent to be given
pursuant to sections 66-404 and 66-405, Idaho Code.
    (11) If the defendant was confined solely for the purpose of examination,
he shall be released from the facility within three (3) days, excluding
Saturdays, Sundays and legal holidays following notification of completion of
the examination.