(1) All persons shall be accorded those civil rights provided by chapter 4, title 66, Idaho Code, except as otherwise provided in this section.
(2)  Access to attorney and advocacy. Every person in the facility shall at all times have the right to visit and be visited by or to communicate by sealed mail, telephone, or otherwise with the person’s attorney, an employee at the attorney’s firm or a representative of the state protection and advocacy system. Each person shall have reasonable access to letter-writing material and postage for this purpose.
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Terms Used In Idaho Code 66-1406

  • Adult: means an individual eighteen (18) years of age or older. See Idaho Code 66-1403
  • 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
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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
  • Property: includes both real and personal property. See Idaho Code 73-114
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
(3)  Court order. The department may limit civil rights if and as provided in a court order.
(4)  Limitations on communication, visitation and property in the facility. Except as provided in subsection (2) of this section, the department may limit a person’s rights to communicate with individuals inside or outside the facility or to receive visitors or associate freely with individuals, and to keep and use the person’s own personal possessions, only if the following occurs:
(a)  The decision to limit such person’s rights is a clinical decision made as part of the person’s individual treatment plan developed in accordance with chapter 4, title 66, Idaho Code;
(b)  A statement explaining the reasons for such limitations shall immediately be entered in the person’s treatment record;
(c)  Copies of such statement shall be sent to the person’s attorney, guardian, and the person’s spouse, adult next of kin, or friend, if any; and
(d)  The person may appeal the treatment decisions that limit the person’s rights under this section to the department’s human rights committee within thirty (30) days.
(5)  The use of mechanical restraints during the transportation to or from any facility must be in compliance with section 66-345, Idaho Code.