IDAHO CODE TITLE 18 CHAPTER 2 MENTAL CONDITION OF A DEFENDANT
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1 AM I INSANE?
2 IDAHO CODE TITLE 18 CHAPTER 2 MENTAL CONDITION OF A DEFENDANT
3 WITH SPECIAL THANKS TO: JACK NICHOLSON
4 JODY FOSTER IN THE TAXI DRIVER
5 AND JOHN HINKLEY
6 MARCH 30, 1981 JOHN HINKLEY SHOOTS PRESIDENT REAGAN JANUARY 21, 1982 JURY FINDS HINKLEY NOT GUILTY BY REASON OF INSANITY
7 1982 INSANITY IS STRUCK FROM IDAHO CODE
8 INSANITY IS A LEGAL TERM IT IS NOT A PSYCHOLOGICAL OR PSYCHIATRIC TERM
9 IN IDAHO YOU CAN T BE INSANE
10 IT IS NOT A LEGAL DEFENSE IN IDAHO
11 THE IDAHO SYSTEM
12 CAN T BE TRIED, CONVICTED OR PUNISHED
13 I.C CAN T HAVE A TRIAL IF
14 MENTAL DISEASE OR DEFECT
15 LACKS CAPACITY TO UNDERSTAND PROCEEDINGS
16 OR ASSIST IN OWN DEFENSE
17 STANDARD SUFFICENT PRESENT ABILITY TO CONSULT WITH HIS LAWYER WITH A REASONABLE DEGREE OF RATIONAL UNDERSTAND ING
18 THE ISSUE IS: FITNESS TO PROCEED IN CRIMINAL PROCEEDINGS
19 NOT THE MENTAL STATUS AT THE TIME OF THE CRIME
20
21 IT IS A QUESTION FOR THE JUDGE
22 NOT THE JURY
23 WHEN DO YOU USE IT?
24 DOUBT FITNESS TO PROCEED ISSUE RAISED BY: THE COURT
25 STATE OR DEFENDANT
26 IMPOSSIBLE TO IGNORE
27 DISCRETION OF TRIAL COURT COURT PERCEIVED ISSUE OF DISCRETION ACTED WITHIN BOUNDARIES OF DISCRETION DECISION BY EXERCISE OF REASON
28 DISTRICT COURT ISSUE
29 PRELIMINARY HEARING
30 DISCRETION OF TRIAL COURT COURT PERCEIVED ISSUE OF DISCRETION ACTED WITHIN BOUNDARIES OF DISCRETION DECISION BY EXERCISE OF REASON
31 WHAT TO DO? I.C
32 ORDER AT LEAST ONE QUALIFIED PSYCHIATRIST OR LICENSED PSYCHOLOGIST OR ORDER THE DEPARTMENT TO APPOINT SOMEONE
33
34 EXAM AND REPORT
35 REPORT SHALL INCLUDE? PUT WHAT THE STATUTE REQUIRES AND WHAT YOU WANT IN THE ORDER
36 3 DAYS TO SET UP OPTIONS
37 OUTPATIENT
38 INPATIENT 30 DAYS
39 JAIL 30 DAYS
40 IF THE DEFENDANT IS UNWILLING
41 DUE TO CONDITION
42 OR DUNDERHEAD
43 OTHER EXPERTS DEFENDANTS OWN EXPERT OTHER EXPERTS APPOINTED BY THE COURT
44 BATTLE OF EXPERTS
45 IF DEVELOPMENTALLY DISABLED I.C
46 SO THE DEFENDANT IS NOT COMPENTENT WHAT NEXT?
47 90 DAY COMMIT TO H&W
48 OR IF DANGEROUSLY MENTALLY ILL TO THE DEPARTMENT OF CORRECTION
49 CAN FORCE TREATMENT EVEN IF HAS INSIGHT
50 CAN T USE IT AGAINST DEFENDANT
51 EXCEPT SPECIFIC INTENT ELEMENT OF THE CRIME & IMPEACHMENT
52 JURY INSTRUCTIONS
53 The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. SENTENCING
54 MENTAL CONDITION IS A SIGNIFICANT FACTOR A SENTENCING COURT IS REQUIRED TO CONSIDER
55 TREATMENT IN CUSTODY
56 WHY IMPORTANT?
57 JUVENILE COMPETENCY MANY OPTIONS NOW FOR JUDGES TO USE EVALUATIONS PLANNING TREATMENT FORCED COOPERATION
58 20-519A (JUVENILE) COMPETENCY 1. Who? A party or the court 2. What? Order competency exam 3. Why? Good cause to believe juvenile is incompetent 4. How? By a psychiatrist or licensed psychologist designated by H&W within 2 days or designated by the court. Threshold issue to determine is if it is DD. If DD use and appoint evaluation committee. Paid for by county or H&W if in H&W custody, with contribution by parents according to their ability to pay as set out in sliding fee scale in Court can order parents to cooperate with department, B(6)(d).
59 5. When? 3 days for the designee to set up how, when and where. 30 days to get report to the court and if not competent 6 month plan to restore competency. Court can extend time or vacate order. Proceedings are suspended pending determination or restoration, B. Court may dismiss after six months if not competent or must dismiss at age Where? Least restrictive alternative consistent with public safety. This may include hospitalization or detention with court hearing. But if no probability juvenile will be competent within six months court retains jurisdiction and can use involuntary treatment order, (11) Judicial mental health commitment to H&W for up to one year, or (11) Judicial developmentally disabled commitment to H&W for up to three years. 7. Evidence? Cannot use statements of juvenile as evidence of offense D and A(6)(f).
60 JUVENILE PROCEEDINGS A. MENTAL HEALTH ASSESSMENTS AND PLANS OF TREATMENT
61 20-511A. Mental health assessments and plans of treatment. (Juveniles in JCA Case) 1. Who? Any Court. 2. What? Order H&W to assess and provide treatment plan and/or convene screening team and/or psychiatrist, physician or psychologist evaluation and recommendations..
62 3. When? From petition filed until end of probation, if reason to believe juvenile suffering serious emotional disturbance which presents risk to safety or well-being or the safety of others, and needs not met. 4. Where? Juvenile detention, Children s Mental Health, or private provider referred by Children s Mental Health or ordered by the court. 5. How? Court order and approval of plan, including parent obligation to adhere with.. costs born by H&W, who can collect from family based on ability to pay, or Medicaid or Medicare. Hearing required on in-patient treatment or waived. 6. Why? Because the parents won t, can t or do not have the ability to get it done
63 Use Screening Teams Screening teams to provide assistance to court. In order to provide assistance to a court in making a disposition pursuant to section , Idaho Code, a screening team composed of a county probation officer or other investigation officer or agency designated by the court may meet and provide a written recommendation delineating options to the court for disposition of the case pursuant to this chapter. Screening Teams required For DJC Commitment. IJR 19. Screening Teams useful for treatment plans and for IJR 16 Expansions to CP action.
64 PROBLEMS ~ RESOURCES & HEALTH AND WELFARE
65 LACK OF FACILITIES
66 ORDER WHAT IS NEEDED
67 CIVIL MENTAL HEALTH COMMITMENT
68 VOLUNTARY
69 INVOLUNTARY
70 CRIMINAL CHARGES DO NOT PROHIBIT CIVIL COMMITMENT
71 SPECIAL GUARDIANSHIP
72 HOLD WITHOUT A HEARING
73 WHO CAN APPLY?
74 CLEAR & CONVINCING
75 LACKS CAPACITY
76 The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. WHO PAYS?
77 WHO PAYS?
78 H & W CONTROLS PLACEMENT
79 LAW TRANSPORTS
80 MENTAL HEALTH COURTS WORK
81 SPECIAL THANKS TO JACK
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