Idaho Code 66-1405 – Disposition, Redisposition and Discharge
Current as of: 2023 | Check for updates
|
Other versions
(1) Disposition. Disposition of a person into the facility shall be determined solely by the director or the director’s designee. In considering whether a person should be dispositioned to the facility, the director or the director’s designee may consider any relevant factor including, but not limited to, the following:
(a) Whether less-restrictive alternatives, including services provided in community residential facilities or other community settings that would offer an opportunity for improvement of the condition, have been judged to be inappropriate;
(b) Whether admission of the person would cause overcrowding of the facility; and
(c) Whether the facility is unable to provide appropriate care or treatment for the person.
(2) Transportation. Upon admission, the person shall be transported to the facility in conformance with chapter 2, title 18, Idaho Code, or chapter 4, title 66, Idaho Code.
Terms Used In Idaho Code 66-1405
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Department: means the Idaho department of health and welfare. 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) Redisposition and notice.
(a) After placement in the facility, the director or the director’s designee may redisposition the person to a less-restrictive facility. If the person was committed to the department under title 18, Idaho Code, notice of change of disposition shall be filed with the committing court. If the person was committed to the department under this title, notice of change in disposition shall be given in accordance with section 66-407, Idaho Code.
(b) A judicial order that a person is appropriate to be admitted to the facility constitutes continuing authorization for the department to redisposition a person back into the facility as long as the commitment to the department continues under chapter 2, title 18, Idaho Code, or chapter 4, title 66, Idaho Code. If the director or the director’s designee has dispositioned a person to a less-restrictive facility and later redispositions the person to the secure treatment facility, the person may appeal the redisposition to the committing court within thirty (30) days’ notice of the change in disposition. The court shall consider the following admission criteria:
(i) Whether the person continues to present a substantial threat to the safety of others if not evaluated or treated in a secure facility; and
(ii) Whether its order that the person may be admitted to a secure treatment facility continues to be appropriate.
If the court finds that the person does not meet either admission criteria, the department shall disposition the person to a placement other than the facility, or discharge the person from commitment in accordance with chapter 2, title 18, Idaho Code, or chapter 4, title 66, Idaho Code.
(4) Discharge. The director or the director’s designee shall review the person’s progress every ninety (90) days to determine whether the person continues to meet the program criteria. If the person no longer meets the program criteria as provided in this chapter, the director or the director’s designee shall discharge the person from the facility. The director or the director’s designee may discharge the person from the commitment under chapter 2, title 18, Idaho Code, or chapter 4, title 66, Idaho Code, or redisposition the person to a less-restrictive setting. If the person is discharged from commitment, notice shall be given as allowed by law authorizing the commitment.