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ID H0648
Bill
Status
4/3/2012
Primary Sponsor
Ways and Means Committee
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AI Summary
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Amends Idaho Code Section 19-2522 to revise mental health examination requirements at sentencing, allowing courts to use prior mental health examinations if they provide necessary information and are sufficiently recent to reflect the defendant's present mental condition.
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Transfers responsibility for substance abuse disorder screening and assessment expenses to the Department of Correction, which may promulgate fee schedules based on actual costs and defendant ability to pay per state financial eligibility forms.
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Establishes mandatory behavioral health screening in every felony case within 7 days of guilty plea or finding of guilt, with courts authorized to order additional screenings at any time while exercising jurisdiction over the defendant.
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Requires substance abuse assessments to be completed within 35 days and mental health examinations within 35 days of plea or court order, with assessments performed by qualified Department of Correction employees or approved private providers.
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Sunsets Section 2 (prior expense allocation provisions) on March 1, 2013, with Section 3 (community-based treatment consideration provisions) becoming effective on that same date.
Legislative Description
Amends existing law relating to judgment to revise provisions relating to an examination of defendant for evidence of mental condition; to provide that certain expenses shall be borne by the Department of Correction, to grant the Department of Correction certain rulemaking authority and to revise provisions relating to certain expenses borne by the Department of Health and Welfare; to delete provisions relating to substance abuse and mental health treatment and to establish provisions relating to the consideration of community-based treatment to meet behavioral health needs in sentencing and post-sentencing proceedings.
JUDGMENT
Last Action
Section 2
4/3/2012