AM I INSANE?
IDAHO CODE TITLE 18 CHAPTER 2 MENTAL CONDITION OF A DEFENDANT
WITH SPECIAL THANKS TO: JACK NICHOLSON
JODY FOSTER IN THE TAXI DRIVER
AND JOHN HINKLEY
MARCH 30, 1981 JOHN HINKLEY SHOOTS PRESIDENT REAGAN JANUARY 21, 1982 JURY FINDS HINKLEY NOT GUILTY BY REASON OF INSANITY
1982 INSANITY IS STRUCK FROM IDAHO CODE
INSANITY IS A LEGAL TERM IT IS NOT A PSYCHOLOGICAL OR PSYCHIATRIC TERM
IN IDAHO YOU CAN T BE INSANE
IT IS NOT A LEGAL DEFENSE IN IDAHO
THE IDAHO SYSTEM
CAN T BE TRIED, CONVICTED OR PUNISHED
I.C. 18-210 CAN T HAVE A TRIAL IF
MENTAL DISEASE OR DEFECT
LACKS CAPACITY TO UNDERSTAND PROCEEDINGS
OR ASSIST IN OWN DEFENSE
STANDARD SUFFICENT PRESENT ABILITY TO CONSULT WITH HIS LAWYER WITH A REASONABLE DEGREE OF RATIONAL UNDERSTAND ING
THE ISSUE IS: FITNESS TO PROCEED IN CRIMINAL PROCEEDINGS
NOT THE MENTAL STATUS AT THE TIME OF THE CRIME
IT IS A QUESTION FOR THE JUDGE
NOT THE JURY
WHEN DO YOU USE IT?
DOUBT FITNESS TO PROCEED ISSUE RAISED BY: THE COURT
STATE OR DEFENDANT
IMPOSSIBLE TO IGNORE
DISCRETION OF TRIAL COURT COURT PERCEIVED ISSUE OF DISCRETION ACTED WITHIN BOUNDARIES OF DISCRETION DECISION BY EXERCISE OF REASON
DISTRICT COURT ISSUE
PRELIMINARY HEARING
DISCRETION OF TRIAL COURT COURT PERCEIVED ISSUE OF DISCRETION ACTED WITHIN BOUNDARIES OF DISCRETION DECISION BY EXERCISE OF REASON
WHAT TO DO? I.C. 18-211
ORDER AT LEAST ONE QUALIFIED PSYCHIATRIST OR LICENSED PSYCHOLOGIST OR ORDER THE DEPARTMENT TO APPOINT SOMEONE
EXAM AND REPORT
REPORT SHALL INCLUDE? PUT WHAT THE STATUTE REQUIRES AND WHAT YOU WANT IN THE ORDER
3 DAYS TO SET UP OPTIONS
OUTPATIENT
INPATIENT 30 DAYS
JAIL 30 DAYS
IF THE DEFENDANT IS UNWILLING
DUE TO CONDITION
OR DUNDERHEAD
OTHER EXPERTS DEFENDANTS OWN EXPERT OTHER EXPERTS APPOINTED BY THE COURT
BATTLE OF EXPERTS
IF DEVELOPMENTALLY DISABLED I.C. 66-322
SO THE DEFENDANT IS NOT COMPENTENT WHAT NEXT?
90 DAY COMMIT TO H&W
OR IF DANGEROUSLY MENTALLY ILL TO THE DEPARTMENT OF CORRECTION
CAN FORCE TREATMENT EVEN IF HAS INSIGHT
CAN T USE IT AGAINST DEFENDANT
EXCEPT SPECIFIC INTENT ELEMENT OF THE CRIME & IMPEACHMENT
JURY INSTRUCTIONS
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
MENTAL CONDITION IS A SIGNIFICANT FACTOR A SENTENCING COURT IS REQUIRED TO CONSIDER
TREATMENT IN CUSTODY
WHY IMPORTANT?
JUVENILE COMPETENCY MANY OPTIONS NOW FOR JUDGES TO USE EVALUATIONS PLANNING TREATMENT FORCED COOPERATION
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 66-402 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 16-2433. Court can order parents to cooperate with department, 20-519B(6)(d).
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, 20-519B. Court may dismiss after six months if not competent or must dismiss at age 21 6. 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 16-2418 involuntary treatment order, 66-329(11) Judicial mental health commitment to H&W for up to one year, or 66-406(11) Judicial developmentally disabled commitment to H&W for up to three years. 7. Evidence? Cannot use statements of juvenile as evidence of offense. 20-519D and 20-519A(6)(f).
JUVENILE PROCEEDINGS 20-511A. MENTAL HEALTH ASSESSMENTS AND PLANS OF TREATMENT
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..
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
Use Screening Teams 20-523. Screening teams to provide assistance to court. In order to provide assistance to a court in making a disposition pursuant to section 20-520, 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.
PROBLEMS ~ RESOURCES & HEALTH AND WELFARE
LACK OF FACILITIES
ORDER WHAT IS NEEDED
CIVIL MENTAL HEALTH COMMITMENT
VOLUNTARY
INVOLUNTARY
CRIMINAL CHARGES DO NOT PROHIBIT CIVIL COMMITMENT
SPECIAL GUARDIANSHIP
HOLD WITHOUT A HEARING
WHO CAN APPLY?
CLEAR & CONVINCING
LACKS CAPACITY
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?
WHO PAYS?
H & W CONTROLS PLACEMENT
LAW TRANSPORTS
MENTAL HEALTH COURTS WORK
SPECIAL THANKS TO JACK