2005 Idaho Code - 66-339 — REHOSPITALIZATION OF PATIENTS CONDITIONALLY RELEASED FROM INPATIENT TREATMENT FACILITIES -- PROCEDURE

                                  TITLE  66
                        STATE CHARITABLE INSTITUTIONS
                                  CHAPTER 3
                       HOSPITALIZATION OF MENTALLY ILL
    66-339.  REHOSPITALIZATION OF PATIENTS CONDITIONALLY RELEASED FROM
INPATIENT TREATMENT FACILITIES -- PROCEDURE. (a) Proceedings for the
rehospitalization of a patient conditionally released from an inpatient
treatment facility may be commenced by the filing of a written application
with a court of competent jurisdiction by a prosecuting attorney, judge,
designated examiner or other person interested in the patient's welfare.
    (b)  The application shall state the patient's name and last known
address; the name and address of either the patient's spouse, guardian, next
of kin or friend, if any; and a simple and precise statement of the facts
showing that either the patient has violated a condition of the release or is
in need of outpatient commitment, or is again in need of placement in an
inpatient treatment facility.
    (c)  Upon receipt of an application, the court shall issue notice of the
time and place of hearing not more than five (5) days, excluding Saturdays,
Sundays and holidays, from the filing of the application, ensure that the
notice and copy of the application are served on the patient, ensure that the
patient is represented by counsel and is advised of his or her right to
challenge the allegations of the application, ensure that the patient is
examined by two (2) designated examiners; and enter such supplemental orders
as may be necessary to protect the patient pending the hearing.
    (d)  The court shall authorize an outpatient commitment as set out in
section 66-339A, Idaho Code, or authorize a dispositioner to enter a change in
disposition to an inpatient treatment facility if, at the hearing, conducted
substantially as a hearing under section 66-329, Idaho Code, the court finds
by clear and convincing evidence that the patient:
    (1)  Has a mental illness;
    (2)  Either (i) has violated a condition of the release or (ii) is again
    in need of placement in an inpatient treatment facility; and
    (3)  Either (i) is likely to injure himself or others; (ii) is gravely
    disabled; or (iii) that the course of the patient's particular mental
    disorder is such that the patient is likely to injure himself or others or
    become gravely disabled in the foreseeable future if the patient is not
    placed in an inpatient treatment facility.
    (e)  Within twenty-four (24) hours of the court's authorization, a
dispositioner shall determine the least restrictive available inpatient
treatment facility consistent with the needs of the patient to be
rehospitalized. Within seventy-two (72) hours of the court's authorization,
the sheriff of the county in which the patient is present shall transport the
patient to the facility designated by the dispositioner. The department of
health and welfare shall assume responsibility for the usual and customary
treatment costs, as defined in section 66-327(b), Idaho Code, after the
patient is dispositioned and transported to a state facility.