The bill amends Section 66-326 of the Idaho Code to revise the provisions regarding the detention of individuals with mental illness without a court hearing. It allows for individuals to be taken into custody by peace officers and placed in a hospital or tribal health facility if there is reason to believe they are gravely disabled due to mental illness or pose an imminent danger to themselves or others. The bill specifies that the term "peace officer" now includes tribal police officers and state probation and parole officers. Additionally, it mandates that evidence supporting the claim of grave disability or imminent danger must be presented to a court within 24 hours of detention.

Furthermore, the bill outlines the process following detention, including the requirement for a temporary custody order and examination by a designated examiner within 24 hours. If the examiner finds the individual mentally ill and likely to harm themselves or others, a petition for detention must be filed within 24 hours, leading to a court hearing within five days. The bill also ensures that individuals held under these provisions have the same rights as those already committed and requires notification to their legal guardians or next-of-kin. Lastly, it allows for the transfer of detained individuals to other facilities for treatment. The act is set to take effect on July 1, 2026.

Statutes affected:
Bill Text: 66-326