2005 Idaho Code - 66-331 — CARE AND TREATMENT IN A FEDERAL FACILITY

                                  TITLE  66
                        STATE CHARITABLE INSTITUTIONS
                                  CHAPTER 3
                       HOSPITALIZATION OF MENTALLY ILL
    66-331.  CARE AND TREATMENT IN A FEDERAL FACILITY. (a) If an involuntary
patient committed pursuant to the provisions of section 66-329, Idaho Code, is
eligible for care or treatment by any agency of the United States, the
department director or his designee, upon receipt of a certificate from such
agency showing that facilities are available and that the involuntary patient
is eligible for care and treatment therein, may authorize the involuntary
patient to be placed in the custody of such agency for care and treatment.
    (b)  Upon effecting any such transfer, the department director or his
designee shall notify the committing court, the involuntary patient's attorney
and either the involuntary patient's spouse, guardian, adult next of kin or
friend, as stated on the order of commitment, of such transfer. Records
pertaining to the involuntary patient shall be sent by the sending facility to
the receiving facility as soon as possible.
    (c)  When admitted to any facility pursuant to subsection (a) of this
section, by any such agency within or without the state, the involuntary
patient shall be subject to the rules and regulations of the agency. The chief
officer of any facility operated by such agency shall, with respect to
involuntary patients admitted to that facility pursuant to subsection (a) of
this section, be vested with the same powers as the department director with
respect to detention, custody, transfer, conditional release or discharge.
Jurisdiction shall be retained in appropriate courts of this state at any time
to inquire into the mental condition of an involuntary patient admitted to a
facility pursuant to subsection (a) of this section and to determine the
necessity for continuance of the person's commitment, and every order of
commitment issued pursuant to section 66-329, Idaho Code, shall be so
conditioned.
    (d)  The judgment or order of commitment by a court of competent
jurisdiction of another state or of the District of Columbia, committing a
person to any agency of the United States, and any transfer of any committed
person to any agency of the United States for care and treatment, shall have
the same force and effect as to the committed person while in this state as in
the jurisdiction in which is situated the court entering the judgment or
making the order, or the entity effecting the transfer; and the courts of the
committing state, or of the District of Columbia, shall be deemed to have
retained jurisdiction of the person so committed for the purpose of inquiring
into the mental condition of such person, and of determining the necessity for
continuance of the person's commitment, as is provided for persons committed
by the courts of this state in subsection (c) of this section. Consent is
hereby given to the application of the law of the committing state or the
District of Columbia in respect to the authority of the chief officer of any
facility of an agency of the United States with respect to detention, custody,
transfer, conditional release or discharge under this section.
    (e)  The chief officer of any facility operated by any agency of the
United States shall, with respect to persons admitted to that facility
pursuant to subsection (a) of this section, report to the committing court,
the department director or his designee, the person's spouse, guardian, next
of kin or friend as stated on the order of commitment as follows: within the
first ninety (90) days and every one hundred twenty (120) days thereafter as
to whether or not conditions justifying involuntary care and treatment
continue to exist and upon conditional release, upon transfer between
facilities, or upon discharge.