(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.
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Terms Used In Idaho Code 66-1402

  • Department: means the Idaho department of health and welfare. See Idaho Code 66-1403
  • 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. See Idaho Code 66-1403
  • Director: means the director of the department. See Idaho Code 66-1403
  • 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. See Idaho Code 66-1403
  • secure treatment facility: means the facility to be operated by the department to fulfill the purposes of this chapter. See Idaho Code 66-1403
  • 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. See Idaho Code 66-1403
(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.