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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