Involuntary Mental Commitment Proceedings

8/13/2019 Involuntary Mental Commitment Proceedings

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Involuntary MentalCommitment

ProceedingsHon. David D. Manweiler and Michael C.

Anderson, Deputy Ada County Prosecutorand Chrissy M. Wardle, Deputy Clerk



Hospitalization of the Mentally Ill

Idaho Code § 66-317 et. seq.



Jurisdiction I

I.C. § 66-328, titled “Jurisdiction of proceedings forcommitment,” was amended in 2009 and now states:

Proceedings for the care of mentally ill persons shall be had inthe district court of the county where the person to be treated

resides or in the district court of any other county of this state where such person is found. I.C. § 66-328(2009).

A letter from the county of residence pledging to pay costs is nolonger necessary for a non-residence county to act.



Jurisdiction II

Judicial proceedings for involuntary commitment “shall not be commenced withrespect to a voluntary patient unless release of the patient has been requested byhimself or the individual who applied for his admission.” I.C. § 66-320(b).

Nothing in the Involuntary Commitment Statutes may be construed to authorize thedetention or involuntarily commit of a person having the following unless, in addition

thereto, a mental illness exists: Epilepsy,

Developmental disability, Physical disability,

Intellectual disability,

Chronic alcoholism or drug abuse, or

Aged.

I.C. § 66-329(13)(a).



Involuntary Commitment

Proceedings may be commenced in

three ways:

Idaho Code § 66-320, the Administrative Hold.

Idaho Code § 66-326, Police or Doctor hold. Idaho Code § 66-329, Field Application.



Administrative Hold, I.C. § 66-320

The director of a facility may detain a patient for three days, excludingSaturdays, Sundays, and legal holidays for the purpose of examination by adesignated examiner and the filing of an application for continued care andtreatment, if the following exist (I.C. § 66-320(a)): A voluntary patient admitted to a facility pursuant to I.C. § 66-318, asks to be

released. I.C. § 66-320(a). The director of the facility determines that the patient should be hospitalized

under the involuntary commitment statute. I.C. § 66-320(a)(3).

Assuming the designated examiner is of the opinion the patient meets criteriafor commitment, Pursuant to I.C. § 66-329(1), the director of a facility maythen commence involuntary commitment proceedings by making anapplication for commitment.



I. Police or Doctor Hold,

I.C. § 66-326. “No person shall be taken into custody or detained as an alleged emergency patient for

observation, diagnosis, evaluation, care or treatment of mental illness unless and untilthe court has ordered such apprehension and custody under the provision outlined insection 66-329, Idaho Code.” I.C. § 66-326(1).

The only exception to the above restriction is that a peace officer or physician medicalstaff member may take into custody or detain a person if they have reason to believe:

The person is gravely disabled due to mental illness. I.C. § 66-326(1). Or, “The person’s continued liberty poses an imminent danger to that person or others, as

evidence by a threat of substantial physical harm.” I.C. § 66-326(1).

“When ever a person is taken into custody or detained under [I.C. § 66-326] withoutcourt order, the evidence supporting the claim of grave disability due to mental illnessor imminent danger must be presented to a duly authorized court within twenty-four(24) hours from the time the individual was placed in custody or detained.” I.C. § 66-

326(1).



II. Police or Doctor Hold,

I.C. § 66-326.

If the court finds the person to be “gravelydisabled due to mental illness” or “imminentlydangerous”, the court shall issue a Temporary

Custody Order that requires: The person to be held in a facility.

The examination of the person by a designatedexaminer within 24 hours of entry of the Temporary

Custody Order.

I.C. § 66-326(2).



III. Police or Doctor Hold,

I.C. § 66-326. If the designated examiner finds the person meets criteria for

involuntary commitment, “the prosecuting attorney shall file, within twenty-four (24) hours of the examination of the person,a petition with the court.” I.C. § 66-326(4).

The petition shall request “the patient’s detention pendingcommitment proceedings pursuant to the provisions of section66-329, Idaho Code.” Failure to file the petition within 24 hoursof the DE examination will result in the patient being releasedfrom the facility. I.C. § 66-326(4).

Upon receipt of the petition, the court shall order the person’s

detention and set a commitment hearing within five days,including weekends and holidays. I.C. § 66-326(4).



I. Field Application

I.C. § 66-329.

“Proceedings for the involuntary care and treatment of mentallyill persons by the department of health and welfare may becommenced by the filing of a written application with a court ofcompetent jurisdiction” by the following: friend, relative, spouse or guardian of the proposed patient, a licensed physician, prosecuting attorney, or other public official of a municipality, county or

of the state of Idaho, or

the director of any facility in which such patient may be.I.C. § 66-329(1).

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II. Field Application

I.C. § 66-329.

The application shall contain the following: The proposed patient’s name and last known address.

The name and address of the proposed patient’s spouse, guardian, or nextof kin or friend.

Whether the proposed patient can be cared for privately in the eventcommitment is not ordered.

If the proposed patient is, at the time of the application, a voluntarypatient and whether the proposed patient has applied for release pursuantto I.C. § 66-320.

A simple and precise statement of the facts showing that the proposed

patient is mentally ill and either likely to injure himself or others or isgravely disabled due to mental illness.

I.C. § 66-329(2).



III. Field Application

I.C. § 66-329.

Upon receipt of the application and certificate ofdesignated examiner, and within 48 hours, the courtshall :

Appoint a second designated examiner to examine the proposed patientas to his/her mental condition and need for care, custody, or treatmentby a facility.

The designated examiner shall report in writing his/her findings to thecourt within the following 72 hours.

At least one of the designated examiners must be a psychiatrist, licensedphysician, or licensed psychologist.

I.C. § 66-329(4).



I. Involuntary Commitment Hearing

Upon receipt of the application for commitment and the DEcertificate, the court shall appoint a time and place for hearingand give notice of the hearing: Hearings based upon I.C. §§ 66-320 and 66-329 applications

shall be within 7 days from receipt of DE certificates. I.C. §66-329(6).

Hearings based upon I.C. § 66-326 application shall be within5 days (including weekends and holidays) of the court’sissuing the detention order. I.C. § 66-326(4).

The proposed patient shall be afforded the opportunity to berepresented by counsel, including appointment of the publicdefender’s office. I.C. § 66-329(7).



II. Involuntary Commitment

Hearing The involuntary commitment procedure established by I.C. § 66-317 et. Seq.,

is civil in nature. I.C. § 66-329(10). See also Glasco v. Brassard , 94 Idaho 162,889 P.2d 924 (1971).

The Rules of Evidence apply to involuntary commitment hearings. I.C. § 66-329(10).

DE Certificates may not be relied upon as evidence at an involuntarycommitment hearing, unless they have been admitted into evidence. See

Bradshaw v. State , 120 Idaho 429, 816 P.2d 986(1991). The designated examiners who examined the patient are considered

“competent witnesses” to testify at the patient’s commitment hearing. I.C. §66-329(9).

The standard of proof is “clear and convincing evidence.” I.C. § 66-329(11).



III. Involuntary Commitment Hearing

If the court commits the patient, the court must find: The patient is mentally ill and is likely to injure self, injure others or is

gravely disabled. I.C. § 66-329(11).

The patient lacks capacity to make informed decisions about treatment.I.C. § 66-329(14).

Pursuant to I.C. § 66-356, whether the patient is a person to whom theprovision of 18 U.S.C. 922(d)(4) and (g)(4) apply):

The patient has been adjudicated as a mental defective or

has been committed to any mental institution.

Whether the patient is indigent and the patient’s county of residence. I.C.

§ 66-327(a) and In Re Daniel W ., 145 Idaho 677, 183 P.3d 765 (2008).



Thirty Day Abeyance

“'Holding proceedings in abeyance' means an alternative to judicialcommitment based upon an agreement entered into by all parties, includingthe proposed patient, and agreed to by the court, providing for voluntaryconditions of treatment, which holds in a state of suspension or inactivity thepetition for involuntary commitment.” I.C. § 66-317(16).

A thirty day abeyance is considered a reasonable alternative to commitment.I.C. § 66-329(11).

The terms of the abeyance set out what the patient needs to do to avoidcommitment.

If proceedings are held in abeyance and the patient violates the terms of theabeyance, it is necessary to have another DE examine the patient beforeresuming commitment proceedings because the state must show the patient

“is” mentally ill and “is” likely to injure self, injure others, or is gravelydisabled. See I.C. § 66-311(11)(a) and (11)(b).



Fixing Costs

The Idaho Supreme Court held that pursuant to I.C. § 66-327(a) the“magistrate must consider indigency and fix costs during commitmentproceedings.” In Re Daniel W ., 145 Idaho 677, 671, 183 P.3d 765, 769 (2008).

Idaho Supreme Court, in a recent decision, quoted I.C. § 66-327(a) asfollows:

"[T]he court shall fix responsibility, in accordance with the provisions ofchapter 35, title 31, Idaho Code, for payment of such costs on the county ofsuch person's residence to the extent not paid by such person or not coveredby third party resources, including medical assistance as aforesaid."

M l C i O d d



Mental Commitment Orders and

Disqualification of Federal Firearm

Rights Under 18 U.S.C. Section 922(g)(4), any person who has been “adjudicated as a mental

defective” or is “committed to a mental

institution” is prohibited by federal law fromshipping, transporting, receiving, or possessingany firearm or ammunition.



“Adjudicated as a Mental Defective”

If a court, board, commission, or other lawfulauthority has made a determination that theperson,….as a result of mental

illness,.…condition, or disease: Is a danger to himself or to others;

Lacks the mental capacity to contract or manage his ownaffairs;

Is found insane by a court in a criminal case; or Is found incompetent to stand trial or not guilty by reason

lack of mental responsibility under the Uniform Code ofMilitary Justice.



“Committed to a Mental Institution”

Occurs when a person has been formallycommitted to a mental institution by a court,board, commission, or other legal authority

including commitment: To a mental institution involuntarily;

For mental defectiveness or mental disease; or

For such other reasons, such as drug use.



Observation or Voluntary

Commitment

“Committed to a Mental Institution” does notinclude a person who is in a mental institutionfor observation or by voluntary admission.

Temporary holds, prior to a formal hearing(even if under a court order) do not activate thedisqualification.

Abeyance orders do not activate thedisqualification since there is no finding by thecourt of a mental defect or disease.



Practice Tips

Request admission/financial information from hospital;

Develop forms for commitment, abeyance, fixing of costs anddismissal;

Control proposed patient’s conduct in the courtroom;

Take the matter under advisement, have patient removed fromcourtroom before rendering decision;

Prepare accurate and detailed minutes, particularly if hearing is heldin hospital;

Prepare an SOS kit, complete with recorder, tapes, forms, pens, filestamp, etc;

Fax orders to required parties immediately following hearing.



Questions?

Documents

Involuntary Mental Commitment Proceedings