The bill amends Section 56-1904 of the Idaho Code, which pertains to the protective custody of individuals with neurocognitive disorders. It establishes that no person can be taken into protective custody without a court order, except in cases where a peace officer or healthcare provider believes the individual poses an imminent danger to themselves or others. The bill clarifies that if a person is taken into custody without a court order, evidence supporting the claim must be presented to a court within 24 hours. Additionally, it mandates that if a court finds sufficient reason to believe the individual is dangerous, a temporary protective custody order must be issued, requiring the individual to be held in a hospital and examined by a healthcare provider within 24 hours.
The bill also includes provisions for the release of individuals if they no longer meet the criteria for protective custody, and it requires that a petition for continued protective placement be filed within 24 hours if the individual is found to be dangerous. The court must then hold a hearing within five days of the protective placement order. Furthermore, the bill emphasizes the importance of notifying the individual's legal guardian or next of kin upon taking them into custody. An emergency clause is included, making the act effective on July 1, 2025.