IDAHO CODE TITLE 18 CHAPTER 2 MENTAL CONDITION OF A DEFENDANT

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Transcription:

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