reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 6 - DECLARATIONS FOR MENTAL HEALTH TREATMENT › Section 66-607 - WITHDRAWAL.

66-607. WITHDRAWAL. An agent may withdraw by giving notice to the principal. If a principal is incapable, the agent may withdraw by giving notice to the attending physician or provider. The attending physician or provider shall note the withdrawal as part of the principal’s medical record, and may continue treatment in accordance with the declaration to the extent such treatment is consistent with reasonable medical practice. A person who has withdrawn under the provision of this section may rescind the withdrawal by executing an acceptance after the date of the withdrawal. A person who rescinds a withdrawal shall give notice to the principal if the principal is capable or to the principal’s health care provider if the principal is incapable.
History:
[66-607, added 1998, ch. 81, sec. 1, p. 290.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 6 - DECLARATIONS FOR MENTAL HEALTH TREATMENT › Section 66-608 - LIMITATIONS.

66-608. LIMITATIONS. A person may not be required to execute or to refrain from executing a declaration as a criterion for insurance, as a condition for receiving mental or physical health services, or as a condition of discharge from a health care facility.
History:
[66-608, added 1998, ch. 81, sec. 1, p. 290.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 6 - DECLARATIONS FOR MENTAL HEALTH TREATMENT › Section 66-609 - ACTIONS CONTRARY TO DECLARATION.

66-609. ACTIONS CONTRARY TO DECLARATION. The physician or provider may subject the principal to mental health treatment in a manner contrary to the principal’s wishes as expressed in a declaration for mental health treatment only:
(1) If the principal is committed to a treatment facility under section 18-212 or 66-329, Idaho Code; or
(2) In cases of emergency endangering life or health.
History:
[66-609, added 1998, ch. 81, sec. 1, p. 290; am. 2017, ch. 64, sec. 1, p. 153.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 6 - DECLARATIONS FOR MENTAL HEALTH TREATMENT › Section 66-610 - RELATION TO OTHER STATUTES.

66-610. RELATION TO OTHER STATUTES. A declaration does not limit any authority provided in this chapter either to take a person into custody or to admit, retain or treat a person in a health care facility.
History:
[66-610, added 1998, ch. 81, sec. 1, p. 290.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 6 - DECLARATIONS FOR MENTAL HEALTH TREATMENT › Section 66-611 - LIMITED IMMUNITY.

66-611. LIMITED IMMUNITY. A physician or provider who administers or does not administer mental health treatment according to and in good faith reliance upon the validity of a declaration is not subject to criminal prosecution, civil liability or professional disciplinary action resulting from a subsequent finding of a declaration’s invalidity.
History:
[66-611, added 1998, ch. 81, sec. 1, p. 290.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 6 - DECLARATIONS FOR MENTAL HEALTH TREATMENT › Section 66-612 - PENALTY.

66-612. PENALTY. It is a misdemeanor for a person to knowingly alter, forge, conceal or destroy a declaration, or the reinstatement or revocation of a declaration. In this section, "knowingly" has the meaning given in section 18-101 5., Idaho Code.
History:
[66-612, added 1998, ch. 81, sec. 1, p. 290.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 6 - DECLARATIONS FOR MENTAL HEALTH TREATMENT › Section 66-613 - FORM OF DECLARATION.

66-613. FORM OF DECLARATION. A declaration for mental health treatment shall contain the following language, or language that is substantially similar.
NOTICE TO PERSON MAKING A DECLARATION FOR MENTAL HEALTH TREATMENT. This is an important legal document. It creates a declaration for mental health treatment. Before signing this document, you should know these important facts:
(1) This document allows you to make decisions in advance about three (3) types of mental health treatment: psychotropic medication, electroconvulsive therapy, and short-term (up to seventeen (17) days) admission to a treatment facility. The instructions that you include in this declaration will be followed only if a court, two (2) physicians that include a psychiatrist, or a physician and a professional mental health clinician believe that you are incapable of making treatment decisions. Otherwise, you will be considered capable to give or withhold consent for the treatments.
(2) You may also appoint a person as your agent to make these treatment decisions for you if you become incapable. The person you appoint has a duty to act consistent with your desires as stated in this document or, if your desires are not stated or otherwise made known to the agent, to act in a manner consistent with what the person in good faith believes to be in your best interest. For the appointment to be effective, the person you appoint must accept the appointment in writing. The person also has the right to withdraw from acting as your agent at any time.
(3) This document will continue in effect until revoked. You have the right to revoke this document in whole or in part at any time you have not been determined to be incapable. YOU MAY NOT REVOKE THIS DECLARATION WHEN YOU ARE CONSIDERED INCAPABLE BY A COURT, TWO (2) PHYSICIANS THAT INCLUDE A PSYCHIATRIST, OR A PHYSICIAN AND A PROFESSIONAL MENTAL HEALTH CLINICIAN. A revocation is effective when it is communicated to your attending physician or other provider.
(4) If there is anything in this document that you do not understand, you should ask a lawyer to explain it to you. This declaration will not be valid unless it is signed by two (2) qualified witnesses who are personally known to you and who are present when you sign or acknowledge your signature.
History:
[66-613, added 1998, ch. 81, sec. 1, p. 290.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 9 - IDAHO VETERANS’ HOME › Section 66-901 - ESTABLISHMENT OF HOMES.

66-901. ESTABLISHMENT OF HOMES. On and after July 1, 2000, there shall be established in the division of veterans services in the department of self-governing agencies in this state homes for veterans which shall hereafter be known and designated as Idaho state veterans homes. Idaho state veterans homes shall be homes for veterans discharged under honorable conditions by the government of the United States and the spouses of veterans eligible for admission to an Idaho state veterans home. A "spouse" shall mean the current husband or wife of a veteran under a marriage recognized by title 32, Idaho Code, and, as allowed by admissions criteria established pursuant to section 66-907, Idaho Code, the widow or widower of a veteran under a marriage recognized by title 32, Idaho Code. Before a person is admitted to a home, that person shall be a bona fide resident of this state.
History:
[(66-901) 1893, p. 91, sec. 1; am. 1897, p. 7, sec. 1; reen. 1899, p. 190, sec. 1; am. 1905, p. 4, sec. 1; am. 1905, p. 414, sec. 1; am. 1907, p. 15, sec. 1; reen. R.C. & C.L., sec. 792; C.S., sec. 1250; am. 1921, ch. 173, sec. 1, p. 368; am. 1925, ch. 55, sec. 1, p. 80; I.C.A., sec. 64-701; am. 1945, ch. 57, sec. 1, p. 73; am. 1963, ch. 118, sec. 1, p. 346; am. 1969, ch. 134, sec. 1, p. 417; am. 1974, ch. 23, sec. 177, p. 633; am. 1984, ch. 75, sec. 1, p. 140; am. 1990, ch. 56, sec. 6, p. 131; am. 1992, ch. 53, sec. 2, p. 158; am. 2000, ch. 59, sec. 5, p. 128; am. 2001, ch. 198, sec. 3, p. 677; am. 2006, ch. 50, sec. 1, p. 144.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 9 - IDAHO VETERANS’ HOME › Section 66-904 - INSPECTION OF HOMES.

66-904. INSPECTION OF HOMES. The veterans homes shall be subject to inspection at any time by the governor or any officer of his staff designated by him for the purpose of making such inspection.
History:
[(66-904) 1893, p. 91, sec. 8; reen. 1899, p. 190, sec. 8; reen. R.C. & C.L., sec. 797; C.S., sec. 1254; I.C.A., sec. 64-704; am. 1969, ch. 134, sec. 3, p. 417; am. 1990, ch. 56, sec. 7, p. 131.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 9 - IDAHO VETERANS’ HOME › Section 66-906 - SUCCESSION TO PROPERTY OF DECEASED RESIDENT.

66-906. SUCCESSION TO PROPERTY OF DECEASED RESIDENT. Hereafter, the application of any person for membership in a veterans home of this state, and the admission of the applicant thereunder shall be and constitute a valid and binding contract between such applicant and the administrator of the division of veterans services in the department of self-governing agencies of the state of Idaho that on the death of said applicant, while a member of such home, leaving no heirs at law next of kin, all personal property owned by said applicant at the time of his death, including money or choses in action held by him and not disposed of by will, whether such property be the proceeds of pensions or otherwise derived, shall vest in and become the property of said division of veterans services in the department of self-governing agencies of the state of Idaho for the sole use and benefit of said home, the proceeds to be disposed of in such manner as may be ordered by the administrator of the division, and that all personal property of said applicant which, upon his death, while a member, shall at once pass to and vest in said administrator, subject to be reclaimed by any legatee or person entitled to take the same by inheritance at any time within five (5) years after the death of such member. The administrator of the division of veterans services is directed to so change the form of application for membership as to give reasonable notice of this provision to each applicant, and as to contain the consent of the applicant to accept membership upon the conditions herein provided.
History:
[(66-906) 1911, ch. 135, p. 424; reen. C.L., sec. 799a; C.S., sec. 1257; I.C.A., sec. 64-706; am. 1969, ch. 134, sec. 4, p. 417; am. 1974, ch. 23, sec. 178, p. 633; am. 1990, ch. 56, sec. 8, p. 131; am. 2000, ch. 59, sec. 6, p. 128.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 9 - IDAHO VETERANS’ HOME › Section 66-907 - ADMISSIONS TO AND CHARGES FOR RESIDENCE AT HOMES.

66-907. ADMISSIONS TO AND CHARGES FOR RESIDENCE AT HOMES. The administrator of the division of veterans services in the department of self-governing agencies with the advice of the veterans affairs commission is hereby authorized and directed to establish appropriate admissions criteria for the homes and to establish charges for residence in those cases where residents have available resources for this purpose.
History:
[(66-907) 1963, ch. 288, sec. 1 [part], p. 636; am. 1974, ch. 23, sec. 179, p. 633; am. 1990, ch. 56, sec. 9, p. 132; am. 2000, ch. 59, sec. 7, p. 129.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 9 - IDAHO VETERANS’ HOME › Section 66-908 - RECEIPT OF RESIDENT FUNDS.

66-908. RECEIPT OF RESIDENT FUNDS. (1) Notwithstanding any other provision of law, the administrator of the division of veterans services or his designee may be appointed by the paying entity as a payee, fiduciary or other agent for the purposes of receiving funds payable to a resident of a veterans home of this state. Prior to appointing the administrator as a recipient of resident funds, the paying entity shall conduct its customary process for determining the need for the appointment and conclude that the appointment of the administrator complies with the laws, policies and procedures applicable to the paying entity. The administrator shall provide the resident with notice and an opportunity to appeal the appointment before accepting appointment as a recipient of the resident’s funds. The process for appeal of the appointment shall be set forth in rules promulgated by the administrator.
(2) All moneys received pursuant to this section shall be kept by the administrator in trust for the benefit of the resident. The administrator may apply any portion of the funds held in trust to the expenses of the resident arising from residence at a veterans home. The administrator may apply funds not required for the expenses arising from residence at a veterans home to payment for other reasonable expenses of the resident.
(3) The administrator shall maintain an accounting of the funds received and distributed under this section. A copy of the accounting shall be available to the resident and to other parties designated by the resident.
(4) Upon a resident’s discharge from a veterans home and the payment of all outstanding expenses of the resident known to the administrator, the administrator shall distribute funds held on behalf of the resident under this section to the resident or to his designee.
History:
[66-908, added 2012, ch. 319, sec. 1, p. 874.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 11 - FUNDS OF CHARITABLE INSTITUTIONS › Section 66-1101 - MENTAL HOSPITAL PERMANENT ENDOWMENT FUND.

66-1101. MENTAL HOSPITAL PERMANENT ENDOWMENT FUND. (1) There is established in the state treasury the mental hospital permanent endowment fund. This fund is perpetually appropriated for the beneficiaries of the endowment. The fund shall be managed and invested by the endowment fund investment board according to law and the policies established by the state board of land commissioners. The fund principal shall forever remain intact. The fund shall be a permanent fund and shall consist of the following:
(a) Proceeds from the sale of lands granted to the state of Idaho under the provisions of section 11 of the Idaho Admission Bill, 26 Stat. L. 215, ch. 656, known at the time of admission as insane asylum lands, and lands granted in lieu thereof;
(b) Proceeds of royalties from the extraction of minerals on mental hospital lands owned by the state;
(c) Moneys allocated from the mental hospital earnings reserve fund.
(2) Provided however, that proceeds from the sale of mental hospital lands may be first deposited into the land bank fund established in section 58-133, Idaho Code, to be used to acquire other lands within the state for the benefit of beneficiaries of the mental hospital endowment. If the land sale proceeds are not used to acquire other lands in accordance with section 58-133, Idaho Code, the proceeds shall be deposited into the mental hospital permanent endowment fund along with any earnings on the proceeds.
(3) Earnings from the investment of the mental hospital permanent endowment fund shall be distributed according to the provisions of section 57-723A, Idaho Code.
History:
[66-1101 added 1998, ch. 256, sec. 50, p. 845.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 11 - FUNDS OF CHARITABLE INSTITUTIONS › Section 66-1101A - MENTAL HOSPITAL EARNINGS RESERVE FUND.

66-1101A. MENTAL HOSPITAL EARNINGS RESERVE FUND. (1) There is established in the state treasury the mental hospital earnings reserve fund. The fund shall be managed and invested by the endowment fund investment board according to law and the policies established by the state board of land commissioners. The fund shall consist of the following:
(a) Earnings of the mental hospital permanent endowment fund, created to receive moneys from the insane asylum endowment provided in section 11 of the Idaho Admission Bill, 26 Stat. L. 215, ch. 656;
(b) Proceeds of the sale of timber growing upon mental hospital lands;
(c) Proceeds of leases of mental hospital lands;
(d) Proceeds of interest charged upon deferred payments on mental hospital lands or timber on those lands; and
(e) All other proceeds received from the use of mental hospital endowment lands and not otherwise designated for deposit in the mental hospital permanent endowment fund.
(2) Moneys shall be distributed out of the mental hospital earnings reserve fund only to support the beneficiaries of the mental hospital endowment, including distributions by the state board of land commissioners to the mental hospital permanent endowment fund and the mental hospital income fund; provided, that funds shall not be appropriated by the legislature from the mental hospital earnings reserve fund except to pay for administrative costs incurred managing the assets of the mental hospital endowment including, but not limited to, real property and monetary assets.
History:
[66-1101A, added 1998, ch. 256, sec. 51, p. 846.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 11 - FUNDS OF CHARITABLE INSTITUTIONS › Section 66-1102 - MENTAL HOSPITAL INCOME FUND.

66-1102. MENTAL HOSPITAL INCOME FUND. There is established in the state treasury the mental hospital income fund. The fund shall consist of all moneys distributed from the mental hospital earnings reserve fund and from other sources as the legislature deems appropriate. Moneys in the mental hospital income fund shall be used for the benefit of the beneficiaries of the endowment and distributed to current beneficiaries of the mental hospital endowment pursuant to legislative appropriation.
History:
[66-1102 added 1998, ch. 256, sec. 53, p. 847.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 11 - FUNDS OF CHARITABLE INSTITUTIONS › Section 66-1103 - CHARITABLE INSTITUTIONS PERMANENT ENDOWMENT FUND.

66-1103. CHARITABLE INSTITUTIONS PERMANENT ENDOWMENT FUND. (1) There is established in the state treasury the charitable institutions permanent endowment fund. This fund is perpetually appropriated for the beneficiaries of the endowment. The fund shall be managed and invested by the endowment fund investment board according to law and the policies established by the state board of land commissioners. The fund principal shall forever remain intact. The fund shall be a permanent fund and shall consist of the following:
(a) Proceeds from the sale of lands granted to the state of Idaho for charitable, educational, penal and reformatory institutions by the Idaho Admission Bill, 26 Stat. L. 215, ch. 656, and lands granted in lieu thereof;
(b) Proceeds of royalties from the extraction of minerals on charitable institutions endowment lands owned by the state;
(c) Moneys allocated from the charitable institutions earnings reserve fund;
(2) Provided however, that proceeds from the sale of charitable institutions endowment lands may be first deposited into the land bank fund established in section 58-133, Idaho Code, to be used to acquire other lands within the state for the benefit of beneficiaries of the charitable institutions endowment. If the land sale proceeds are not used to acquire other lands in accordance with section 58-133, Idaho Code, the proceeds shall be deposited into the charitable institutions permanent endowment fund along with any earnings on the proceeds.
(3) Earnings from the investment of the charitable institutions permanent endowment fund shall be distributed according to the provisions of section 57-723A, Idaho Code.
History:
[66-1103 added 1998, ch. 256, sec. 55, p. 847.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 11 - FUNDS OF CHARITABLE INSTITUTIONS › Section 66-1104 - CHARITABLE INSTITUTIONS EARNINGS RESERVE FUND.

66-1104. CHARITABLE INSTITUTIONS EARNINGS RESERVE FUND. (1) There is established in the state treasury the charitable institutions earnings reserve fund. The fund shall be managed and invested by the endowment fund investment board according to law and the policies established by the state board of land commissioners. The fund shall consist of the following:
(a) Earnings of the charitable institutions permanent endowment fund;
(b) Proceeds from the sale of timber growing upon charitable institutions endowment lands;
(c) Proceeds of leases of charitable institutions endowment lands;
(d) Proceeds of interest charged upon deferred payments on charitable institutions endowment lands or timber on those lands; and
(e) All other proceeds received from the use of charitable institutions endowment lands and not otherwise designated for deposit in the charitable institutions permanent endowment fund.
(2) Moneys shall be distributed out of the charitable institutions earnings reserve fund only to support the beneficiaries of the charitable institutions endowment, including distributions by the state board of land commissioners to the charitable institutions permanent endowment fund and the charitable institutions income fund; provided, that funds shall not be appropriated by the legislature from the charitable institutions earnings reserve fund except to pay for administrative costs incurred managing the assets of the charitable institutions endowment including, but not limited to, real property and monetary assets.
History:
[66-1104 added 1998, ch. 256, sec. 57, p. 848.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 11 - FUNDS OF CHARITABLE INSTITUTIONS › Section 66-1105 - CHARITABLE INSTITUTIONS INCOME FUND.

66-1105. CHARITABLE INSTITUTIONS INCOME FUND. There is established in the state treasury the charitable institutions income fund. The fund shall consist of all moneys distributed from the charitable institutions earnings reserve fund and from other sources as the legislature deems appropriate. Moneys in the charitable institutions income fund shall be used for the benefit of the beneficiaries of the endowment and distributed to current beneficiaries of the charitable institutions endowment pursuant to legislative appropriation.
History:
[66-1105 added 1998, ch. 256, sec. 59, p. 848.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 11 - FUNDS OF CHARITABLE INSTITUTIONS › Section 66-1106 - CHARITABLE INSTITUTIONS FUND — TRANSFER OF MONEYS TO SEPARATE FUNDS.

66-1106. CHARITABLE INSTITUTIONS FUND — TRANSFER OF MONEYS TO SEPARATE FUNDS. Any and all moneys hereafter accruing to said charitable institutions fund shall be forthwith transferred and credited to the following designated funds in the following proportions, respectively, to wit:
To the Idaho State University fund, four-fifteenths (4/15) thereof;
To the State Juvenile Corrections Institutions fund, four-fifteenths (4/15) thereof;
To the State Hospital North fund, four-fifteenths (4/15) thereof;
To the Division of Veterans Services fund, five-thirtieths (5/30) thereof;
To the School for the Deaf and Blind fund, one-thirtieth (1/30) thereof.
History:
[(66-1106) 1929, ch. 184, sec. 4, p. 326; I.C.A., sec. 64-806; am. 1990, ch. 56, sec. 10, p. 132; am. 1995, ch. 44, sec. 57, p. 101; am. 2000, ch. 14, sec. 1, p. 31; am. 2005, ch. 336, sec. 1, p. 1053.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 11 - FUNDS OF CHARITABLE INSTITUTIONS › Section 66-1107 - MONEYS CREDITED OR ACCRUING TO SPECIAL FUNDS — EXCLUSIVE USE.

66-1107. MONEYS CREDITED OR ACCRUING TO SPECIAL FUNDS — EXCLUSIVE USE. All moneys heretofore properly credited to or accruing to any special fund heretofore created out of any portion of the expendable income from the land grant of one hundred fifty thousand (150,000) acres aforesaid, for the support or maintenance of the Idaho State University, the State Juvenile Corrections Center, State Hospital North, Division of Veterans Services and the State School for the Deaf and the Blind, respectively, or any of such institutions, together with all funds hereafter accruing under this act to the funds designated in section 66-1106, Idaho Code, are hereby appropriated for the maintenance of said institutions, respectively, and no portion of said funds shall be diverted to any other purpose or transferred to any other fund: provided, that no provision hereof shall be so construed as to preclude the state controller from correcting errors in the apportionment of receipts or distribution of disbursements heretofore or hereafter erroneously credited or charged to any of such funds.
History:
[(66-1107) 1929, ch. 184, sec. 5, p. 326; I.C.A., sec. 64-807; am. 1990, ch. 56, sec. 11, p. 132; am. 1994, ch. 180, sec. 164, p. 528; am. 1995, ch. 44, sec. 56, p. 101; am. 2005, ch. 336, sec. 2, p. 1053.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 11 - FUNDS OF CHARITABLE INSTITUTIONS › Section 66-1108 - SCHOOL FOR THE DEAF AND THE BLIND FUND.

66-1108. SCHOOL FOR THE DEAF AND THE BLIND FUND. Any and all funds heretofore accruing to the credit of the charitable institutions fund on the books of the state controller and state treasurer and not properly transferred or credited to funds known and designated as "The Academy of Idaho Fund," "The Idaho Technical Institute Fund" or "The Southern Branch of the University of Idaho Fund," "The Idaho Industrial Reform School Fund" or "The Idaho Industrial Training School Fund," "The Northern Idaho Insane Asylum Fund" or "The Northern Idaho Sanitarium Fund," "The Soldiers’ Home Fund" and the "School for the Deaf and the Blind Fund" or the "Deaf and Blind School Fund," shall be transferred and credited to a special fund to be known as the "School for the Deaf and the Blind Fund."
History:
[(66-1108) 1929, ch. 184, sec. 6, p. 326; I.C.A., sec. 64-808; am. 1994, ch. 180, sec. 165, p. 528.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 12 - INTERSTATE COMPACT ON MENTAL HEALTH › Section 66-1202 - COMPACT ADMINISTRATOR.

66-1202. COMPACT ADMINISTRATOR. Pursuant to said compact, the governor is hereby authorized and empowered to designate an officer who shall be the compact administrator and who, acting jointly with like officers of other party states, shall have power to promulgate rules and regulations to carry out more effectively the terms of the compact. Said compact administrator shall serve subject to the pleasure of the governor. The compact administrator is hereby authorized, empowered and directed to cooperate with all departments, agencies and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or of any supplementary agreement or agreements entered into by this state thereunder.
History:
[66-1202, added 1961, ch. 239, sec. 2, p. 385.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 12 - INTERSTATE COMPACT ON MENTAL HEALTH › Section 66-1203 - SUPPLEMENTARY AGREEMENTS.

66-1203. SUPPLEMENTARY AGREEMENTS. The compact administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to Articles VII and XI of the compact. In the event that such supplementary agreements shall require or contemplate the use of any institution or facility of this state or require or contemplate the provision of any service by this state, no such agreement shall have force or effect until approved by the head of the department or agency under whose jurisdiction said institution or facility is operated or whose department or agency will be charged with the rendering of such service.
History:
[66-1203, added 1961, ch. 239, sec. 3, p. 385.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 12 - INTERSTATE COMPACT ON MENTAL HEALTH › Section 66-1204 - FINANCES.

66-1204. FINANCES. The compact administrator, subject to the approval of the board of examiners, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder.
History:
[66-1204, added 1961, ch. 239, sec. 4, p. 385.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 12 - INTERSTATE COMPACT ON MENTAL HEALTH › Section 66-1205 - TRANSMISSION OF COPIES OF ACT.

66-1205. TRANSMISSION OF COPIES OF ACT. Duly authenticated copies of this act shall, upon its approval, be transmitted by the secretary of state to the governor of each state, the attorney general and the secretary of state of the United States, and the Council of State Governments.
History:
[66-1205, added 1961, ch. 239, sec. 5, p. 385.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 13 - IDAHO SECURITY MEDICAL PROGRAM › Section 66-1301 - PROGRAM ESTABLISHED.

66-1301. PROGRAM ESTABLISHED. The state board of correction shall establish, operate and maintain a program for persons displaying evidence of mental illness or psychosocial disorders and requiring diagnostic services and treatment in a maximum security setting, and for other criminal commitments as determined by the board of correction or its designee. The program shall be identifiably separate and apart from those functions and other programs maintained by the board for the ordinary prison population.
History:
[66-1301, added 1976, ch. 360, sec. 2, p. 1179; am. 1981, ch. 114, sec. 36, p. 194; am. 2007, ch. 336, sec. 2, p. 985.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 13 - IDAHO SECURITY MEDICAL PROGRAM › Section 66-1302 - ADMINISTRATOR.

66-1302. ADMINISTRATOR. An administrator of the Idaho security medical program shall be appointed by the board of correction or its designee. The administrator shall be a reputable and qualified person experienced in the administration of programs for the care and treatment of persons afflicted with mental disorders and with such other qualifications as the board deems necessary.
History:
[66-1302, added 1976, ch. 360, sec. 2, p. 1180; am. 1981, ch. 114, sec. 37, p. 194; am. 2007, ch. 336, sec. 3, p. 985.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 13 - IDAHO SECURITY MEDICAL PROGRAM › Section 66-1303 - ADMINISTRATOR’S DUTIES.

66-1303. ADMINISTRATOR’S DUTIES. The administrator shall:
(1) Perform all duties required by law and by the board of correction not inconsistent with this chapter.
(2) Maintain cognizance of and secure the professional care and treatment of each patient.
(3) Maintain a complete record on the condition of each patient.
(4) Retain custody of all patients in such manner as deemed necessary and in the best interest of the patients subject to the rules of the board of correction.
(5) Advise and consult with the director of the department of correction regarding the admissions and releases of patients to and from the program within any facility.
(6) To have care and custody over inmates assigned to the program under the provisions of section 66-1301, Idaho Code.
History:
[66-1303, added 1976, ch. 360, sec. 2, p. 1180; am. 1981, ch. 114, sec. 38, p. 194; am. 2007, ch. 336, sec. 4, p. 986.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 13 - IDAHO SECURITY MEDICAL PROGRAM › Section 66-1304 - SOURCES OF RESIDENTS.

66-1304. SOURCES OF RESIDENTS. (1) Patients admitted to the program may originate from the following sources:
(a) Commitments by the courts as unfit to proceed pursuant to section 18-212, Idaho Code.
(b) Commitments by the courts of persons acquitted of a crime on the grounds of mental illness or defect pursuant to section 18-214, Idaho Code.
(c) Referrals by the courts for psychosocial diagnosis and recommendations as part of the pretrial or presentence procedure or determination of mental competency to stand trial.
(d) Mentally ill adult prisoners from city, county and state correctional institutions for diagnosis, evaluation or treatment.
(e) Commitments by the courts pursuant to section 66-329, Idaho Code.
(f) Criminal commitments of the Idaho department of correction requiring some form of specialized program not otherwise available.
(2) Residents coming to the program in the circumstances of subsection (1)(a), (b) and (e) of this section must first be found to be both dangerous and mentally ill, as defined in section 66-1305, Idaho Code, in judicial proceedings conducted in accordance with section 66-329, Idaho Code.
History:
[66-1304, added 1976, ch. 360, sec. 2, p. 1180; am. 1981, ch. 114, sec. 39, p. 195; am. 2007, ch. 336, sec. 5, p. 986.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 13 - IDAHO SECURITY MEDICAL PROGRAM › Section 66-1305 - DANGEROUS AND MENTALLY ILL PERSONS DEFINED.

66-1305. DANGEROUS AND MENTALLY ILL PERSONS DEFINED. For purposes of this chapter persons found to be both dangerous and mentally ill shall mean persons found by a court of competent jurisdiction pursuant to any lawful proceeding:
(1) To be in such mental condition that they are in need of supervision, evaluation, treatment and care; and
(2) To present a substantial risk of physical harm to other persons as manifested by evidence of homicidal or other violent behavior or evidence that others are placed in reasonable fear of violent behavior and serious physical harm to them; and
(3) To be dangerous to such a degree that a maximum security treatment setting is required.
History:
[66-1305, added 1976, ch. 360, sec. 2, p. 1181; am. 1981, ch. 114, sec. 40, p. 195; am. 2007, ch. 336, sec. 6, p. 986.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 13 - IDAHO SECURITY MEDICAL PROGRAM › Section 66-1306 - FINAL DECISION.

66-1306. FINAL DECISION. The final decision regarding the admission or discharge of patients to the program shall rest with the director of the department of correction, after consultation with the administrator.
History:
[66-1306, added 1976, ch. 360, sec. 2, p. 1181; am. 2007, ch. 336, sec. 7, p. 987.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 13 - IDAHO SECURITY MEDICAL PROGRAM › Section 66-1307 - RETURN OF PATIENT.

66-1307. RETURN OF PATIENT. When a patient transferred under the program from any other correctional institution or admitted by order of any court no longer requires special treatment in the maximum security setting, the patient shall be returned to the source from which received. The correctional institution or court that referred the patient to the program shall retain constructive jurisdiction over the patient.
History:
[66-1307, added 1976, ch. 360, sec. 2, p. 1181; am. 2007, ch. 336, sec. 8, p. 987.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 13 - IDAHO SECURITY MEDICAL PROGRAM › Section 66-1308 - TRANSPORTATION OF PATIENTS.

66-1308. TRANSPORTATION OF PATIENTS. When a patient is admitted to the program from a state institution or by order of any court, the expenses and responsibility for transportation of such patients from and to the facility where the patient will be admitted into the program shall be borne by the original institution or the county of the court ordering such admission.
History:
[66-1308, added 1976, ch. 360, sec. 2, p. 1181; am. 2007, ch. 336, sec. 9, p. 987.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 13 - IDAHO SECURITY MEDICAL PROGRAM › Section 66-1309 - COSTS AND CHARGES.

66-1309. COSTS AND CHARGES. The administrator shall seek recovery for expenses incurred in the evaluation, treatment and care of residents as follows:
(a) Extraordinary costs for evaluation, treatment and care of referees by the court for psychosocial diagnosis and recommendations as part of the pretrial or presentence procedure or determination of fitness to proceed shall be charged to the court referring such persons.
(b) Extraordinary costs for evaluation, treatment and care of mentally ill prisoners from county jails admitted for diagnosis shall be charged to the county so referring.
(c) Extraordinary costs for evaluation, treatment and care of commitments by the courts as unfit to proceed shall be the responsibility of the court so committing.
(d) Commitments by the courts after acquittal of a crime on the grounds of mental illness or defect shall be considered a responsibility of the department of correction.
(e) Transferees from other institutions under the jurisdiction of the department of correction shall be considered a responsibility of the department of correction.
(f) For purposes of this section, the term "extraordinary costs of evaluation, treatment and care" includes but is not limited to neurological evaluation, CAT scan, endocrine and/or metabolic evaluation, electro-convulsive therapy, surgery or medical treatment which requires the patient to be transferred to a hospital outside the facility, eyeglasses, and expert witness fees and expenses for court appearances; provided, however, the term does not include physical examination, psychiatric evaluation, psychological testing, obtaining social, medical and criminal histories, group and individual therapy, psychiatric treatment, medication, medical care which can be provided at the facility which is not elective or cosmetic, emergency dental treatment provided at the facility, and board, room and basic toiletries.
History:
[66-1309, added 1976, ch. 360, sec. 2, p. 1181; am. 1981, ch. 114, sec. 41, p. 195.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 13 - IDAHO SECURITY MEDICAL PROGRAM › Section 66-1310 - CIVIL RIGHTS OF RESIDENTS.

66-1310. CIVIL RIGHTS OF RESIDENTS. All patients received from any institution or facility under the jurisdiction of the department of health and welfare shall be accorded those civil rights provided by section 66-346, Idaho Code, with the exception of those aspects of the right to privacy which are inconsistent with the maintenance of a maximum security setting.
History:
[66-1310, added 1976, ch. 360, sec. 2, p. 1182.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 13 - IDAHO SECURITY MEDICAL PROGRAM › Section 66-1311 - RIGHT TO HUMANE CARE AND TREATMENT.

66-1311. RIGHT TO HUMANE CARE AND TREATMENT. Every patient shall be entitled to humane care and treatment.
History:
[66-1311, added 1976, ch. 360, sec. 2, p. 1182.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 13 - IDAHO SECURITY MEDICAL PROGRAM › Section 66-1312 - STANDARDS FOR TREATMENT.

66-1312. STANDARDS FOR TREATMENT. The department of correction and the department of health and welfare shall jointly develop appropriate standards for treatment of patients committed under this program. It shall be the responsibility of the administrator of the program to implement those standards.
History:
[66-1312, added 1976, ch. 360, sec. 2, p. 1182; am. 2007, ch. 336, sec. 10, p. 987.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 13 - IDAHO SECURITY MEDICAL PROGRAM › Section 66-1313 - MECHANICAL RESTRAINTS.

66-1313. MECHANICAL RESTRAINTS. Mechanical restraints shall not be applied to a patient unless it is determined that such is necessary for either his safety or the safety of other persons at the facility. Every use of a mechanical restraint and the reasons therefor shall be made a part of the clinical record of the patient under the signature of the administrator of the program, except that mechanical restraints may be used without such recording during transportation of residents from or to any facility.
History:
[66-1313, added 1976, ch. 360, sec. 2, p. 1182; am. 2007, ch. 336, sec. 11, p. 987.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 13 - IDAHO SECURITY MEDICAL PROGRAM › Section 66-1314 - INTERSTATE CONTRACTS.

66-1314. INTERSTATE CONTRACTS. The administrator is authorized to enter into agreements, through the department of correction, with other states for diagnosis and treatment of persons from such states who are both dangerous and mentally ill, on the basis of patient exchange or per diem interstate billing of all costs and expenses.
History:
[66-1314, added 1976, ch. 360, sec. 2, p. 1182.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 13 - IDAHO SECURITY MEDICAL PROGRAM › Section 66-1315 - SHORT TITLE.

66-1315. SHORT TITLE. This chapter may be referred to as and cited as the "Idaho Security Medical Program Act."
History:
[66-1315, added 1976, ch. 360, sec. 2, p. 1183; am. 2007, ch. 336, sec. 12, p. 988.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 13 - IDAHO SECURITY MEDICAL PROGRAM › Section 66-1316 - PATIENTS FROM OTHER INSTITUTIONS.

66-1316. PATIENTS FROM OTHER INSTITUTIONS. The state board of correction shall be authorized to receive and admit patients of any institution or facility under the jurisdiction of the department of health and welfare, which patients have been determined by a court to be both dangerous and mentally ill as defined in section 66-1305, Idaho Code. The department of health and welfare shall in such cases, retain jurisdiction over the patients.
History:
[66-1316, added 1976, ch. 360, sec. 3, p. 1183; am. 1977, ch. 121, sec. 1, p. 260; 1979, ch. 50, sec. 1, p. 140.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 13 - IDAHO SECURITY MEDICAL PROGRAM › Section 66-1317 - REVIEW OF INVOLUNTARY TREATMENT.

66-1317. REVIEW OF INVOLUNTARY TREATMENT. The state board of correction shall adopt procedures ensuring that treatment plans are developed for patients in the program for whom the court has authorized treatment, that the relative risks and benefits of specific modes of treatment contained in such plans are explained, to the extent possible, to each patient; that when treatment is given over the objection of a patient, there is a review of the decision to provide treatment independent of the treating professional and that a statement explaining the reasons for giving treatment over objection of the patient shall be entered in the patient’s treatment record over the signature of the program administrator.
History:
[66-1317, added 1982, ch. 368, sec. 11, p. 926; am. 2007, ch. 336, sec. 13, p. 988.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 13 - IDAHO SECURITY MEDICAL PROGRAM › Section 66-1318 - TRANSFER TO NONCORRECTIONAL FACILITIES.

66-1318. TRANSFER TO NONCORRECTIONAL FACILITIES. Prisoners with a mental illness or defect committed to the board of correction may be transferred to facilities of the department of health and welfare in accordance with rules adopted pursuant to section 66-335, Idaho Code.
History:
[66-1318, added 1982, ch. 368, sec. 12, p. 926.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 14 - SECURE TREATMENT FACILITY ACT › Section 66-1401 - SHORT TITLE.

66-1401. SHORT TITLE. This chapter shall be known and may be cited as the "Secure Treatment Facility Act."
History:
[66-1401, added 2017, ch. 240, sec. 1, p. 593.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 14 - SECURE TREATMENT FACILITY ACT › Section 66-1402 - AUTHORITY.

66-1402. AUTHORITY. (1) The department of health and welfare shall have the power to establish, operate and maintain a secure treatment facility for persons with an intellectual or developmental disability who pose a substantial threat to the safety of others. These persons may also have co-occurring mental illness requiring diagnostic services and treatment in a secure facility. The facility shall be identifiably separate from other facilities managed by the department of health and welfare for persons with an intellectual or a developmental disability. The provisions of this chapter shall be liberally construed to accomplish these purposes.
(2) The director of the department of health and welfare or the director’s designee shall have the authority to make rules for the governance of the facility and program consistent with this chapter.
(3) When a person is the subject of a court order pursuant to section 66-1404, Idaho Code, for admission to a secure facility, the department may disposition the person to the facility or another appropriate placement.
(4) The department of health and welfare division of licensing and certification will develop a license and survey process for the facility.
(5) The provisions of chapter 4, title 66, Idaho Code, apply unless otherwise specified.
History:
[66-1402, added 2017, ch. 240, sec. 1, p. 593.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 14 - SECURE TREATMENT FACILITY ACT › Section 66-1403 - DEFINITIONS.

66-1403. DEFINITIONS. As used in this chapter:
(1) "Administrator" means the administrator of the secure treatment facility.
(2) "Adult" means an individual eighteen (18) years of age or older.
(3) "Department" means the Idaho department of health and welfare.
(4) "Developmental disability" means a developmental disability as defined in section 66-402, Idaho Code, or an intellectual disability as defined in section 73-114, Idaho Code.
(5) "Director" means the director of the department.
(6) "Dual diagnosis" means the coexistence of the symptoms of both intellectual or developmental disabilities and mental health issues.
(7) "Facility" or "secure treatment facility" means the facility to be operated by the department to fulfill the purposes of this chapter. The facility shall, at a minimum, include:
(a) Locked, fenced and enclosed grounds accessible only to persons, staff and authorized individuals;
(b) Locked residential units;
(c) Bedroom and building exit alarms;
(d) Monitoring cameras in all common areas;
(e) Modified interiors to reduce risk of suicide; and
(f) Restricted access to items that could be used as weapons.
(8) "Person" means an individual subject to judicial proceedings authorized by the provisions of this chapter who is being considered for disposition or is admitted and dispositioned into the secure treatment facility.
(9) "Serious mental illness" means any of the following psychiatric illnesses as defined by the American psychiatric association in the diagnostic and statistical manual of mental disorders (DSM):
(a) Schizophrenia spectrum and other related disorders;
(b) Paranoia and other psychotic disorders;
(c) Bipolar and other related disorders;
(d) Depressive disorders;
(e) Trauma and stressor-related disorders;
(f) Anxiety disorders;
(g) Obsessive-compulsive and other related disorders;
(h) Dissociative disorders; and
(i) Personality disorders.
(10) "Substantial threat to the safety of others" means the presentation, by a person, of a substantial risk to physically harm other individuals, as manifested by evidence of violent behavior.
History:
[66-1403, added 2017, ch. 240, sec. 1, p. 593.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 14 - SECURE TREATMENT FACILITY ACT › Section 66-1404 - CRITERIA FOR ADMISSION.

66-1404. CRITERIA FOR ADMISSION. (1) To be admitted to the facility, a person must:
(a) Have a primary diagnosis of developmental disability, as determined by the department, and a diagnosis of serious mental illness;
(b) Be an adult;
(c) Meet one (1) of the following grounds:
(i) The person is charged with a crime and is committed to the department to undergo evaluation or treatment for competency to stand trial in conformance with chapter 2, title 18, Idaho Code; or
(ii) The person is civilly committed to the custody of the department in conformance with chapter 4, title 66, Idaho Code; and
(d) Be found, by a court, to present a substantial threat to the safety of others if not evaluated or treated in a secure facility.
(2) If the court finds that the person meets the criteria for admission, the court shall, as part of the commitment to the department, order that the person is appropriate to be admitted to the facility.
History:
[66-1404, added 2017, ch. 240, sec. 1, p. 594.]