Idaho Code 66-1404 – Criteria for Admission
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(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.
Terms Used In Idaho Code 66-1404
- Adult: means an individual eighteen (18) years of age or older. See Idaho Code 66-1403
- 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
- 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
- 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):
Idaho Code 66-1403Substantial 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 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.