2005 Idaho Code - 66-339C — NONCOMPLIANCE WITH COURT ORDER

                                  TITLE  66
                        STATE CHARITABLE INSTITUTIONS
                                  CHAPTER 3
                       HOSPITALIZATION OF MENTALLY ILL
    66-339C.  NONCOMPLIANCE WITH COURT ORDER. (1) If a patient fails to comply
with the requirements specified in the outpatient commitment order, and the
RMHA, the physician or staff of the treatment facility believes that there is
a significant risk of deterioration in the patient's conditions, the director
of the facility, physician, or RMHA shall notify law enforcement.
    (2)  The outpatient commitment order constitutes a continuing
authorization for law enforcement, upon request of the director of the
outpatient facility, the physician, or the RMHA, to transport the patient to
the designated outpatient treatment facility or the physician's office for the
purpose of making reasonable efforts to obtain the person's compliance with
the requirements of the outpatient commitment order. However, the patient may
not be detained at the facility or the physician's office for more than one
(1) hour, and may not be physically coerced to take prescribed medications
unless the court has entered on the outpatient commitment order an
authorization for the nonconsensual delivery of prescribed medication. If a
patient has been involuntarily medicated, a report of such action shall be
made within twenty-four (24) hours to the court, the patient's guardian, or
next of kin by the treatment provider.
    (3)  If a patient fails to comply with the requirement of the court order,
and the RMHA, the physician or staff of the treatment facility believes that
there is a significant risk of deterioration, the RMHA, the director of the
facility or the physician shall notify the original petitioner for outpatient
commitment and the prosecuting attorney of the county where the patient is
found and shall recommend an appropriate disposition.
    Within seventy-two (72) hours of receiving the notice transmitted pursuant
to this section that a patient has  failed to comply with the requirements of
the outpatient commitment order, the original petitioner for outpatient
commitment, the RMHA and the prosecuting attorney of the county where the
patient is found or resides may petition the court for a supplemental hearing,
or may proceed under any other section of this chapter. If a petition for
supplemental hearing is filed, the court shall hold a supplemental hearing in
accordance with the procedures specified in section 66-329, Idaho Code, within
forty-eight (48) hours. After hearing evidence concerning the patient's
current condition and compliance with the court order, the court shall make
whichever of the following dispositions it deems appropriate:
    (a)  Upon finding that hospitalization is necessary to prevent the patient
    from harming himself or others or to prevent substantial deterioration of
    the patient's mental or emotional conditions, the court shall order a
    commitment proceeding under section 66-329, Idaho Code, and may
    temporarily commit the patient to an inpatient facility pending hearing on
    a petition or application for commitment to an inpatient facility.
    (b)  Upon finding that the patient does not meet the criteria for
    inpatient commitment and continues to meet the criteria for outpatient
    commitment set forth in section 66-329B [66-339B], Idaho Code, and that
    additional outpatient treatment appears warranted, the court shall renew
    or modify the order to outpatient commitment.
    (c)  Upon finding that neither condition in subparagraphs (a) nor (b) are
    met, the court shall rescind the commitment order.
    (d)  Nothing provided in this section shall limit the authority of any law
    enforcement officer to detain a patient pursuant to the emergency
    authority conferred by section 66-326, Idaho Code.