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IDAHO STATUTES

Last updated January 2004


 

TITLE 66 – STATE CHARITABLE INSTITUTIONS

 

Chapter 3 – Hospitalization of Mentally Ill

 

§ 66-317. DEFINITIONS.

 

As used in this chapter, terms shall have the following meanings:

 

(a)  "Department director" means the director of the state department of health and welfare.

 

(b)  "Voluntary patient" means an individual admitted to a facility for evaluation pursuant to section 18-211 or 20-520, Idaho Code, or admitted to a facility for treatment pursuant to section 66-318, Idaho Code.

 

(c)  "Involuntary patient" means an individual committed pursuant to section 18-212, 66-329 or 66-1201, Idaho Code, or committed pursuant to section 16-1608 or 20-520, Idaho Code, and admitted to a facility for the treatment of minors.

 

(d)  "Licensed physician" means an individual licensed under the laws of this state to practice medicine or a medical officer of the government of the United States while in this state in the performance of his official duties.

 

(e)  "Designated examiner" means a psychiatrist, psychologist, psychiatric nurse, or social worker and such other mental health professionals as may be designated in accordance with rules promulgated pursuant to the provisions of chapter 52, title 67, Idaho Code, by the department of health and welfare. Any person designated by the department director will be specially qualified by training and experience in the diagnosis and treatment of mental or mentally related illnesses or conditions.

 

(f)  "Dispositioner" means a designated examiner employed by or under contract with the department of health and welfare and designated by the department director to determine the appropriate location for care and treatment of involuntary patients.

 

(g) "Facility" means any public or private hospital, sanatorium, institution, mental health center or other organization designated in accordance with rules adopted by the board of health and welfare as equipped to initially hold, evaluate, rehabilitate or to provide care or treatment, or both, for the mentally ill.

 

(h)  "Lacks capacity to make informed decisions about treatment" means the inability, by reason of mental illness, to achieve a rudimentary understanding after conscientious efforts at explanation of the purpose, nature, and possible significant risks and benefits of treatment.

 

(i)  "Inpatient treatment facility" means a facility in which an individual receives medical and mental treatment for not less than a continuous twenty-four (24) hour period.

 

(j)  "Supervised residential facility" means a facility, other than the individual's home, in which the individual lives and in which there lives, or are otherwise on duty during the times that the individual's presence is expected, persons who are employed to supervise, direct, treat or monitor the individual.

 

(k)  "Likely to injure himself or others" means either:

 

(1) A substantial risk that physical harm will be inflicted by the proposed patient upon his own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on himself; or

 

(2) A substantial risk that physical harm will be inflicted by the proposed patient upon another as evidenced by behavior which has caused such harm or which places another person or persons in reasonable fear of sustaining such harm.

 

(l)  "Mentally ill" means a person, who as a result of a substantial disorder of thought, mood, perception, orientation, or memory, which grossly impairs judgment, behavior, capacity to recognize and adapt to reality, requires care and treatment at a facility.

 

(m)  "Gravely disabled" means a person who, as the result of mental illness, is in danger of serious physical harm due to the person's inability to provide for any of his basic needs for nourishment, or essential medical care, or shelter or safety.

 

(n)  "Outpatient commitment" means a court order directing a person to comply with specified mental health treatment requirements, not involving the continuous supervision of a person in an inpatient setting, that are reasonably designed to alleviate or to reduce a person's illness or disability, or to maintain or prevent deterioration of the person's mental or emotional functioning. The specified requirements may include, but need not be limited to, taking prescribed medication, reporting to a facility to permit monitoring of the person's condition, or participating in individual or group therapy or in educational or vocational  programs. Outpatient commitment may be up to one (1) year.

 

§ 66-318. AUTHORITY TO ADMIT VOLUNTARY PATIENTS -- DENIAL OF ADMISSION.

 

(a) The director of any facility may admit as a voluntary patient:

 

(1) Any person who is eighteen (18) years of age or older;

 

(2) Any individual fourteen (14) to eighteen (18) years of age who may apply to be admitted for observation, diagnosis, evaluation and treatment and the facility director will notify the parent, parents or guardian of the individual of the admission; a parent or guardian may apply for the individual's release and the facility director will release the patient within three (3) days, excluding Saturdays, Sundays and legal holidays, of the application for discharge, unless the time period for diagnosis, evaluation, care or treatment is extended pursuant to section 66-320, Idaho Code;

 

(3) Any emancipated minor;

 

(4) Any individual under fourteen (14) years of age upon application of the individual's parent or guardian, provided that admission to an inpatient facility shall require a recommendation for admission by a designated examiner;

 

(5) Any individual who lacks capacity to make informed decisions about treatment upon application of the individual's guardian; provided that admission to an inpatient facility shall require a recommendation for admission by a designated examiner; or

 

(6) Any individual confined for examination pursuant to sections 18-211, 16-1814, or 16-1835, Idaho Code.

 

(b)  The director of any facility must refuse admission to any applicant under this section whenever:

 

(1) The applicant is not in need of observation, diagnosis, evaluation, care or treatment at the facility;

 

(2) The applicant lacks capacity to make informed decisions about treatment unless the application is made by a guardian with authority to consent to treatment; or

 

(3) The applicant's welfare or the welfare of society, or both, are better protected by the provisions of section 66-329, Idaho Code.

 

§ 66-319. RELEASE OF VOLUNTARY INPATIENTS.

 

The director of an inpatient facility shall release any person, admitted in accordance with the procedure outlined in section 66-318, Idaho Code, whose continued care or treatment is no longer appropriate. If upon evaluation at the facility, it is determined that the patient is mentally ill and is likely to injure himself or others or is gravely disabled, the director of the facility shall institute appropriate judicial proceedings for continued care and treatment. In the case of persons confined pursuant to sections 16-1814, 16-1835, or 18-211, Idaho Code, upon completion of the examination, the sheriff of the county from which the defendant was committed shall be notified and the defendant shall continue to be confined at the facility for transportation back to the county. In those cases of persons admitted upon the application of a guardian, those persons shall be released upon the termination of the guardian's authority to consent to treatment.

 

§ 66-320. RIGHT TO RELEASE ON APPLICATION -- EXCEPTIONS.

 

(a) A voluntary patient admitted in accordance with the procedure outlined in section 66-318, Idaho Code, who requests his release or whose release is requested, in writing, by his legal guardian, parent, spouse, or adult next of kin shall be released except that:

 

(1) if the patient was admitted on his own application and the request for release is made by a person other than the patient, release may be conditioned upon the agreement of the patient thereto, and

 

(2) if the patient, by reason of his age, was admitted on the application of another person, his release prior to becoming sixteen (16) years of age may be conditioned upon the consent of his parent or guardian, or

 

(3) if the director of the facility determines that the patient should be hospitalized under the provisions of this chapter, the patient may be detained up to three (3) days, excluding Saturdays, Sundays and legal holidays, for the purpose of examination by a designated examiner and the filing of an application for continued care and treatment.

 

(b)  Notwithstanding any other provision of this chapter, judicial proceedings authorized by this chapter shall not be commenced with respect to a voluntary patient unless release of the patient has been requested by himself or the individual who applied for his admission.

 

(c)  The date and time of any request for release under this section shall be entered in the patient's clinical record. If the request for release is denied, the reasons for denial also shall be entered in the patient's clinical record.

 

(d)  A patient admitted for examination pursuant to section 16-1814, or 18-211, Idaho Code, may not be released except for purposes of transportation back to the court ordering, or party authorizing, the examination.

 

§ 66-322. APPOINTMENT OF GUARDIAN FOR INDIVIDUALS LACKING CAPACITY TO MAKE INFORMED DECISIONS ABOUT TREATMENT -- JUDICIAL PROCEDURE.

 

(a) Proceedings for the appointment of a guardian of a mentally ill person may be commenced by the filing of a written petition with a court of competent jurisdiction by a friend, relative, spouse or guardian of the proposed patient, by a licensed physician, licensed clinical psychologist, prosecuting attorney, or other public official of a municipality, county or of the state of Idaho, or by the director of any facility in which such patient may be.

 

(b)  The petition shall state the name and last known address of the proposed patient; the name and address of either the spouse, next of kin or friend of the proposed patient; whether a guardian of the proposed patient has been previously appointed under the laws of this or any other state and, if so, the name and address of the guardian and the circumstances of such appointment; and a precise statement showing that the proposed patient is mentally ill, that treatment is available for such illness, and that the proposed patient lacks capacity to make informed decisions about treatment.

 

(c)  Any such petition shall be accompanied by a certificate of a licensed physician or licensed clinical psychologist stating that the physician or psychologist has personally examined the proposed patient within the last fourteen (14) days and is of the opinion: (i) that the proposed patient is mentally ill, (ii) that in the absence of treatment the immediate prognosis is for major distress of the proposed patient which will result in serious mental or physical deterioration of the proposed patient, (iii) that treatment is available which is likely to avoid serious mental or physical deterioration of the proposed patient, and (iv) that the proposed patient lacks capacity to make informed decisions about treatment; or by a written statement by the physician or psychologist that the proposed patient has refused to submit to an examination.

 

(d)  Upon receipt of a petition, the court shall within forty-eight (48) hours appoint another licensed physician or licensed clinical psychologist to make a personal examination of the proposed patient, or if the proposed patient has not been examined, the court shall appoint two (2) licensed physicians or licensed clinical psychologists to make individual personal examinations of the proposed patient and may order the proposed patient to submit to an immediate examination. Within seventy-two (72) hours, the physician or psychologist shall file with the court certificates described in subparagraph (c) above, if necessary.

 

(e)  Upon receipt of such petition and certificates, the court shall appoint a time and place for hearing not more than seven (7) days from receipt of such certificates and thereupon give written notice to the proposed patient. The notice shall include a copy of the petition and certificates and notice of the proposed patient's right to be represented by an attorney, or if indigent, to be represented by a court-appointed attorney. Notice of the time and place of the hearing shall also be given to the petitioner.

 

(f)  An opportunity to be represented by counsel shall be afforded to every proposed patient, and if neither the proposed patient nor others provide counsel, the court shall appoint counsel in accordance with chapter 8, title 19, Idaho Code.

 

(g)  The hearing shall be held at a facility, at the home of the proposed patient, or at any other suitable place not likely to have a harmful effect on the proposed patient's physical or mental health.

 

(h)  The proposed patient and the petitioner shall be afforded an opportunity to appear at the hearing, to testify, and to present and cross-examine witnesses. At the hearing, any existing provision of law prohibiting the disclosure of [a] confidential communications between the examining physician or psychologist and the proposed patient shall not apply and the physicians or psychologists who examined the proposed patient shall be competent witnesses to testify as to the proposed patient's condition. The proposed patient shall be required to be present at the hearing, and be free from drugs likely to impair the proposed patient's ability to communicate with counsel or understand the proceedings, unless the right to be present or free from drugs is knowingly and voluntarily waived by the patient or unless the presence of the patient at the hearing would unduly disrupt the judicial proceedings. A record of the proceedings shall be made as for other civil hearings. The hearing shall be conducted in as informal a manner as may be consistent with orderly procedure and the rules of evidence.

 

(i)  The court shall appoint a person other than the treating professional to act in the proposed patient's best interest with authority to consent to treatment, if, upon completion of the hearing and consideration of the record, the court finds by clear and convincing evidence that:

 

(1) The proposed patient has a severe and reliably diagnosable mental illness;

 

(2) Without treatment, the immediate prognosis is for major distress resulting in serious mental or physical deterioration of the proposed patient; 

 

(3) Treatment is available for such illness;

 

(4) The proposed patient lacks capacity to make informed decisions about treatment; and

 

(5) The relative risks and benefits of treatment or nontreatment are such that a reasonable person would consent to treatment. 

 

The court shall consider appointing persons to give consent in the following priority: the proposed patient's spouse, next of kin, friend or if the proposed patient's spouse, next of kin or friend are unable or unwilling, another appropriate person not associated with the facility where the person is being, or shall be treated.

 

(j)  The appointed person shall have authority to consent to treatment, including treatment at a facility. Upon approval of the court, the appointed person may pay the costs of treatment from the patient's money and tangible property deliverable to or received by the patient during the period of the appointed person's authority, and may apply for any benefits to which the patient is entitled. In the exercise of his powers, the appointed person is to act as a fiduciary and shall observe the standards of care applicable to trustees as described by section 15-7-302, Idaho Code. The appointment shall continue for a period of seven (7) weeks or until the court determines that the patient no longer lacks capacity to make informed decisions about treatment, whichever is shorter.

 

(k)  Upon petition of the appointed person, authority to consent may be continued for an additional seven (7) week period, if the court again enters the findings required by subparagraph (i) above. The petition for continued authority shall be accompanied by the certificate of the treating professional meeting the requirements of subparagraph (c) above. The petition for continued authority and physician's certificate shall be served upon the patient and the patient's attorney. If the proposed patient objects to the continued authority, the court shall conduct a hearing, following notice of the time and place of such hearing to the petitioner, the proposed patient and the proposed patient's attorney.

 

(l)  Proceedings for appointment of a person with authority to consent under this section may be consolidated with proceedings for the involuntary care of the proposed patient under section 66-329, Idaho Code, provided, however, that appointment of a person with authority to consent under this section shall terminate the proceedings for the involuntary care under section 66-329, Idaho Code.

 

(m)  No more than two (2) petitions with authority to consent shall be granted under subsection (i) of this section within any twelve (12) month period, provided that other proceedings under this chapter or the Uniform Probate Code shall be permitted.

 

(n)  The person with authority to consent appointed pursuant to this section shall not be personally responsible for the cost of care or treatment rendered the mentally ill individual, simply by reason of the authority granted by this section.

 

§ 66-324. AUTHORITY TO RECEIVE INVOLUNTARY PATIENTS.

 

The director of any facility is authorized to receive therein for observation, diagnosis, care and treatment any individual committed to the department director pursuant to sections 16-1608, 20-520, 18-212, 18-214 or 66-329, or transferred pursuant to section 66-1201, Idaho Code.

 

§ 66-325. RESIDENCE NOT AFFECTED BY PLACE OF TREATMENT.

 

For purposes of this chapter, the terms "residence," "residing," or "resides" shall refer to the place where the mentally ill person lives. None of the time spent in any facility shall be regarded as contributing toward, or acquiring, residence for any purpose.

 

§ 66-326. DETENTION WITHOUT HEARING.

 

(a) No person shall be taken into custody as an alleged emergency patient unless and until the court has ordered such apprehension and custody under the provisions outlined in section 66-329, Idaho Code; provided, however, that a person may be taken into custody by a peace officer and placed in a facility, if the peace officer has reason to believe that the person is gravely disabled due to mental illness or the person's continued liberty poses an imminent danger to that person or others, as evidenced by a threat of substantial physical harm; provided, under no circumstances shall the proposed patient be detained in a nonmedical unit used for the detention of individuals charged with or convicted of penal offenses.

 

Whenever a person is taken into custody under this section without court order, the evidence supporting the claim of grave disability due to mental illness or imminent danger must be presented to a duly authorized court within twenty-four (24) hours from the time the individual was placed in custody.

 

(b)  If the court finds the individual to be gravely disabled due to mental illness or imminently dangerous under subsection (a) of this section, the court shall issue a temporary custody order requiring the person to be held in a facility, and requiring an examination of the person by a designated examiner within twenty-four (24) hours of the entry of the order of the court.

 

Under no circumstances shall the proposed patient be detained in a nonmedical unit used for the detention of individuals charged with or convicted of penal offenses.

 

(c)  Where an examination is required under subsection (b) of this section, the designated examiner shall make his findings and report to the court within twenty-four (24) hours of the examination.

 

(d)  If the designated examiner finds, in his examination under this section, that the person is mentally ill, and either is likely to injure himself or others or is gravely disabled due to mental illness, the prosecuting attorney shall file, within twenty-four (24) hours of the examination of the person, a petition with the court requesting the patient's detention pending commitment proceedings pursuant to the provisions of section 66-329, Idaho Code. Upon the receipt of such a petition, the court shall order his detention to await hearing which shall be within five (5) days (including Saturdays, Sundays and legal holidays) of the detention order. If no petition is filed within twenty-four (24) hours of the designated examiner's examination of the person, the person shall be released.

 

(e)  Any person held in custody under the provisions of this section shall have the same protection and rights which are guaranteed to a person already committed to the department director. Upon taking a person into custody, notice shall be given to the person's immediate relatives of the person's physical whereabouts and the reasons for taking the person into custody.

 

§ 66-327. RESPONSIBILITY FOR COSTS OF COMMITMENT AND CARE OF PATIENTS.

 

(a) All costs associated with the commitment proceedings, including usual and customary fees of designated examiners, transportation costs and all medical, psychiatric and hospital costs not included in subsection (b) of this section, shall be the responsibility of the person subject to judicial proceedings authorized by this chapter or such person's spouse, adult children, or, if indigent, the county of such person's residence after all personal, family and third party resources, including medical assistance provided under the state plan for medicaid as authorized by title XIX of the social security act, as amended, are considered. In proceedings authorized by this chapter, the court shall consider the indigency of persons subject to proceedings authorized by this chapter, in light of such person's income and resources, and if such person is able to pay all or part of such costs, the court shall order such person to pay all or any part of such costs. If the court determines such person is unable to pay all or any part of such costs, the court shall fix responsibility, in accordance with the provisions of chapter 35, title 31, Idaho Code, for payment of such costs on the county of such person's residence to the extent not paid by such person or not covered by third party resources, including medical assistance as aforesaid.

 

(b)  The department of health and welfare shall assume responsibility for usual and customary treatment costs after the involuntary patient is dispositioned to the custody of the state of Idaho, beginning on the day after the director receives notice that a person has been committed into the custody of the department, until the involuntary patient is discharged and after all personal, family and third party resources are considered in accordance with section 66-354, Idaho Code. The counties shall be responsible for mental health costs if the individual is not transported within twenty-four (24) hours of receiving written notice of admission availability to a state facility. For purposes of this section, "usual and customary treatment costs" shall include routine board, room and support services rendered at a facility of the department of health and welfare; routine physical, medical, psychological and psychiatric examination and testing; group and individual therapy, psychiatric treatment, medication and medical care which can be provided at a facility of the department of health and welfare. The term "usual and customary treatment costs" shall not include neurological evaluation, CAT scan, surgery, medical treatment, any other item or service not provided at a facility of the department of health and welfare, or witness fees and expenses for court appearances. For the purposes of this section, the notice to the department may be faxed or mailed.

 

§ 66-328. JURISDICTION OF PROCEEDINGS FOR COMMITMENT.

 

Proceedings for the care of mentally ill persons shall be had in the district court of the county where the person to be treated resides; except that such proceedings may be had in the district court of any other county of this state where such person is found upon the payment to such nonresident county by such residence county of such additional filing and hearing costs, and such reasonable medical and attorney fees or other fees as may be fixed by law or by the court where the proceedings are proposed to be had.

 

§ 66-329. COMMITMENT TO DEPARTMENT DIRECTOR UPON COURT ORDER – JUDICIAL PROCEDURE.

 

(a) Proceedings for the involuntary care and treatment of mentally ill persons by the department of health and welfare may be commenced by the filing of a written application with a court of competent jurisdiction by a friend, relative, spouse or guardian of the proposed patient, or by a licensed physician, prosecuting attorney, or other public official of a municipality, county or of the state of Idaho, or the director of any facility in which such patient may be.

 

(b)  The application shall state the name and last known address of the proposed patient; the name and address of either the spouse, guardian, next of kin or friend of the proposed patient; whether the proposed patient can be cared for privately in the event commitment is not ordered; if the proposed patient is, at the time of the application, a voluntary patient; whether the proposed patient has applied for release pursuant to section 66-320, Idaho Code; and a simple and precise statement of the facts showing that the proposed patient is mentally ill and either likely to injure himself or others or is gravely disabled due to mental illness.

 

(c)  Any such application shall be accompanied by a certificate of a designated examiner stating that he has personally examined the proposed patient within the last fourteen (14) days and is of the opinion that the proposed patient is: (i) mentally ill; (ii) likely to injure himself or others or is gravely disabled due to mental illness; and (iii) lacks capacity to make informed decisions about treatment, or a written statement by the applicant that the proposed patient has refused to submit to examination by a designated examiner.

 

(d)  Upon receipt of an application for commitment, the court shall, within forty-eight (48) hours appoint another designated examiner to make a personal examination of the proposed patient or if the proposed patient has not been examined, the court shall appoint two (2) designated examiners to make individual personal examinations of the proposed patient and may order the proposed patient to submit to an immediate examination. If neither designated examiner is a physician, the court shall order a physical examination of the proposed patient. At least one (1) designated examiner shall be a psychiatrist, licensed physician or licensed psychologist. The designated examiners shall report to the court their findings within the following seventy-two (72) hours as to the mental condition of the proposed patient and his need for custody, care, or treatment by a facility. The reports shall be in the form of written certificates which shall be filed with the court. The court may terminate the proceedings and dismiss the application without taking any further action in the event the reports of the designated examiners are to the effect that the proposed patient is not mentally ill or, although mentally ill, is not likely to injure himself or others or is not gravely disabled due to mental illness. If the proceedings are terminated, the proposed patient shall be released immediately.

 

(e)  If the designated examiner's certificate states a belief that the proposed patient is mentally ill and either likely to injure himself or others or is gravely disabled due to mental illness, the judge of such court shall issue an order authorizing any health officer, peace officer, or director of a facility to take the proposed patient to a facility in the community in which the proposed patient is residing or to the nearest facility to await the hearing and for good cause may authorize treatment during such period subject to the provisions of section 66-346(a)(4), Idaho Code. Under no circumstances shall the proposed patient be detained in a nonmedical unit used for the detention of individuals charged with or convicted of penal offenses.

 

(f)  Upon receipt of such application and designated examiners' reports the court shall appoint a time and place for hearing not more than seven (7) days from the receipt of such designated examiners' reports and thereupon give written notice of such time and place of such hearing together with a copy of the application, designated examiner's certificates, and notice of the proposed patient's right to be represented by an attorney, or if indigent, to be represented by a court-appointed attorney, to the applicant, to the proposed patient, to the proposed patient's spouse, guardian, next of kin or friend. With the consent of the proposed patient and his attorney, the hearing may be held immediately. Upon motion of the proposed patient and attorney and for good cause shown, the court may continue the hearing up to an additional fourteen (14) days during which time, for good cause shown, the court may authorize treatment.

 

(g)  An opportunity to be represented by counsel shall be afforded to every proposed patient, and if neither the proposed patient nor others provide counsel, the court shall appoint counsel in accordance with chapter 8, title 19, Idaho Code, no later than the time the application is received by the court.

 

(h)  The hearing shall be held at a facility, at the home of the proposed patient, or at any other suitable place not likely to have a harmful effect on the proposed patient's physical or mental health. Venue for the hearing shall be in the county of residence of the proposed patient, unless the patient waives the right to have venue fixed there.

 

(i)  In all proceedings under this section, any existing provision of the law prohibiting the disclosure of confidential communications between the designated examiner and proposed patient shall not apply and any designated examiner who shall have examined the proposed patient shall be a competent witness to testify as to the proposed patient's condition.

 

(j)  The proposed patient, the applicant, and any other persons to whom notice is required to be given shall be afforded an opportunity to appear at the hearing, to testify, and to present and cross-examine witnesses. The proposed patient shall be required to be present at the hearing unless the court determines that the mental or physical state of the proposed patient is such that his presence at the hearing would be detrimental to the proposed patient's health or would unduly disrupt the proceedings. A record of the proceedings shall be made as for other civil hearings. The hearing shall be conducted in as informal a manner as may be consistent with orderly procedure. The court shall receive all relevant and material evidence consistent with the rules of evidence.

 

(k)  If, upon completion of the hearing and consideration of the record, the court finds by clear and convincing evidence that the proposed patient:

 

(1) is mentally ill; and

 

(2) is, because of such condition, likely to injure himself or others, or is gravely disabled due to mental illness; the court shall order the proposed patient committed to the custody of the department director for an indeterminate period of time not to exceed one (1) year. The department director, through his dispositioner, shall determine within twenty-four (24) hours the least restrictive available facility consistent with the needs of each patient committed under this section for observation, care, and treatment.

 

(l)  Nothing in this chapter or in any rule adopted pursuant thereto shall be construed to authorize the detention or involuntary admission to a hospital or other facility of an individual who:

 

(1) has epilepsy, a developmental disability, a physical disability, mental retardation, is impaired by chronic alcoholism or drug abuse, or aged, unless in addition to such condition, such person is mentally ill;

 

(2) is a patient under treatment by spiritual means alone, through prayer, in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof and who asserts to any authority attempting to detain him that he is under such treatment and who gives the name of a practitioner so treating him to such authority; or

 

(3) can be properly cared for privately with the help of willing and able family or friends, and provided, that such person may be detained or involuntarily admitted if such person is mentally ill and presents a substantial risk of injury to himself or others if allowed to remain at liberty.

 

(m)  The order of commitment shall state whether the proposed patient lacks capacity to make informed decisions about treatment, the name and address of the patient's attorney and either the patient's spouse, guardian, adult next of kin, or friend.

 

(n)  If the patient has no spouse or guardian and if the patient has property which may not be cared for pursuant to chapter 5, title 66, Idaho Code, or by the patient while confined at a facility, the court shall appoint a guardian ad litem for the purpose of preserving the patient's estate, pending further guardianship or conservatorship proceedings.

 

(o)  The commitment shall continue until the commitment is terminated and shall be unaffected by the patient's conditional release or change in disposition.

 

§ 66-330. TRANSPORTATION -- TEMPORARY DETENTION -- NOTICE.

 

(a) After the dispositioner has designated the place of treatment, he shall notify the facility director of the disposition and of any medical, security or behavioral needs of the committed patient. The county shall deliver the patient within forty-eight (48) hours to the designated facility. Whenever practicable, the individual may be accompanied by one or more of his friends or relatives.

 

(b)  Pending his removal to the designated place of treatment, a patient taken into custody or ordered to be committed to the custody of the department director pursuant to this chapter may be detained in his home, a licensed foster home, or any other suitable facility under such reasonable conditions as the dispositioner may fix, but he shall not be detained in a nonmedical facility used for the detention of individuals charged with or convicted of penal offenses. The dispositioner shall take such reasonable measures(,) to secure proper mental health care and treatment of an individual temporarily detained pursuant to this chapter.

 

(c)  The dispositioner shall notify the court, the patient's attorney and either the patient's spouse, guardian, adult next of kin or friend, of the facility to which the patient has been dispositioned.

 

§ 66-331. CARE AND TREATMENT IN A FEDERAL FACILITY.

 

(a) If an involuntary patient committed pursuant to the provisions of section 66-329, Idaho Code, is eligible for care or treatment by any agency of the United States, the department director or his designee, upon receipt of a certificate from such agency showing that facilities are available and that the involuntary patient is eligible for care and treatment therein, may authorize the involuntary patient to be placed in the custody of such agency for care and treatment.

 

(b)  Upon effecting any such transfer, the department director or his designee shall notify the committing court, the involuntary patient's attorney and either the involuntary patient's spouse, guardian, adult next of kin or friend, as stated on the order of commitment, of such transfer. Records pertaining to the involuntary patient shall be sent by the sending facility to the receiving facility as soon as possible.

 

(c)  When admitted to any facility pursuant to subsection (a) of this section, by any such agency within or without the state, the involuntary patient shall be subject to the rules and regulations of the agency. The chief officer of any facility operated by such agency shall, with respect to involuntary patients admitted to that facility pursuant to subsection (a) of this section, be vested with the same powers as the department director with respect to detention, custody, transfer, conditional release or discharge.

 

Jurisdiction shall be retained in appropriate courts of this state at any time to inquire into the mental condition of an involuntary patient admitted to a facility pursuant to subsection (a) of this section and to determine the necessity for continuance of the person's commitment, and every order of commitment issued pursuant to section 66-329, Idaho Code, shall be so conditioned.

 

(d)  The judgment or order of commitment by a court of competent jurisdiction of another state or of the District of Columbia, committing a person to any agency of the United States, and any transfer of any committed person to any agency of the United States for care and treatment, shall have the same force and effect as to the committed person while in this state as in the jurisdiction in which is situated the court entering the judgment or making the order, or the entity effecting the transfer; and the courts of the committing state, or of the District of Columbia, shall be deemed to have retained jurisdiction of the person so committed for the purpose of inquiring into the mental condition of such person, and of determining the necessity for continuance of the person's commitment, as is provided for persons committed by the courts of this state in subsection (c) of this section. Consent is hereby given to the application of the law of the committing state or the District of Columbia in respect to the authority of the chief officer of any facility of an agency of the United States with respect to detention, custody, transfer, conditional release or discharge under this section.

 

(e)  The chief officer of any facility operated by any agency of the United States shall, with respect to persons admitted to that facility pursuant to subsection (a) of this section, report to the committing court, the department director or his designee, the person's spouse, guardian, next of kin or friend as stated on the order of commitment as follows: within the first ninety (90) days and every one hundred twenty (120) days thereafter as to whether or not conditions justifying involuntary care and treatment continue to exist and upon conditional release, upon transfer between facilities, or upon discharge.

 

§ 66-333. EXAMINATION OF NEWLY ADMITTED PATIENTS.

 

Every patient committed to the custody of the department director pursuant to the provisions of section 66-329, Idaho Code, and admitted to an inpatient facility shall receive a physical and mental health examination as soon as practicable after admission.

 

§ 66-334. TRANSFER OF PATIENTS BETWEEN CERTAIN INPATIENT TREATMENT FACILITIES.

 

(a) The department director or his designee may transfer, or authorize the transfer of, an involuntary patient from one inpatient treatment facility to another, if he determines that it would be consistent with the mental health needs of the patient to do so. Whenever a patient is transferred, written notice thereof shall be given to the patient's attorney, either the patient's spouse, guardian, adult next of kin or friend and the committing court.

 

(b)  Upon receipt of a certificate of an agency of any other state or private facility in any state, that facilities are available for the care or treatment of any patient committed or otherwise being cared for and treated pursuant to this chapter and that the patient is eligible for care or treatment in a facility of such agency, or if the patient or his next of kin or his guardian wish to have him cared for in some other facility, the department director or his designee may transfer him to such facility for care or treatment. Upon effecting any such transfer, the patient's attorney, either the patient's spouse, guardian, adult next of kin or friend and the committing court shall be immediately notified of such transfer. Any patient transferred as herein provided shall be deemed to be in the custody of such facility to the same extent and subject to the same limitations as if he had been ordered to be placed in its custody under section 66-329, Idaho Code.

 

(c)  Records pertaining to the patient and retained by the sending facility shall be forwarded to the receiving facility within a reasonable time prior to or after the patient's transfer.

 

(d)  Jurisdiction is retained in appropriate courts of this state at any time to inquire into the mental condition of any patient so transferred and to determine the necessity for continuance of the commitment.

 

§ 66-335. COMMITMENT OF MENTALLY ILL CONVICTS.

 

Mentally ill convicts may be received into said facilities in accordance with rules and regulations adopted by the board of health and welfare acting in conjunction with the state board of correction.

 

§ 66-337. REVIEW, TERMINATION OF COMMITMENT AND DISCHARGE OF PATIENTS.

 

(a) The department director or his designee shall as frequently as practicable but at least once at the end of the first ninety (90) days examine or cause to be examined every patient committed to his custody or admitted to an inpatient facility of the state of Idaho, and determine whether to conditionally release, discharge or terminate the commitment of the patient. If the patient has not been conditionally released, discharged, or had the commitment terminated a similar review shall be conducted every one hundred twenty (120) days thereafter. A report of each review and determination regarding an involuntary patient shall be sent to the committing court, prosecuting attorney of the county of commitment, if any, the patient's attorney, and either the patient's spouse, guardian, next of kin or friend.

 

(b)  The commitment of an involuntary patient shall be terminated if the patient is no longer mentally ill or is no longer likely to injure himself or others or is no longer gravely disabled; provided, that patients admitted under section 18-214, Idaho Code, acquitted of criminal charges filed prior to July 1, 1982, on grounds of mental disease or defect, or committed pursuant to sections 18-212(4) and 66-329, Idaho Code, as unfit to proceed, may not be released from an inpatient facility unless thirty (30) days before such release, the department director or his designee shall notify the committing court and prosecuting attorney of the contemplated release.

 

(c)  Upon notification of intention to release from an inpatient facility either a patient admitted under section 18-214, Idaho Code, acquitted of criminal charges filed prior to July 1, 1982, on grounds of mental disease or defect, or committed pursuant to sections 18-212(4) and 66-329, Idaho Code, as unfit to proceed, and upon motion of an interested party or the court on its own motion, the court shall determine whether the conditions justifying such release exist. In making such determination, the court may order an independent examination of the patient. The cost of such independent examination must be borne by the party making the motion or, if indigent, the county having jurisdiction of the case. If no motion is made, the patient may be released according to the notice.

 

(d)  Section 18-214, Idaho Code, shall remain in full force and effect for every individual previously acquitted pursuant to section 18-213, Idaho Code.

 

Section 18-214, Idaho Code, as last amended by section 2, chapter 13, laws of 1977, which is placed here for reference only and is not a reenactment of section 18-214, Idaho Code, and reads as follows:

 

§ 18-214.  Commitment of acquitted defendant -- Conditional release -- Revocation of release within five years.

 

(1) When a defendant is acquitted on the ground of mental disease or defect excluding responsibility, the court shall order him to be committed to the custody of the director of the department of health and welfare to be placed in an appropriate institution for custody, care and treatment.

 

(2) If the director of the department of health and welfare is of the view that a person committed to his custody, pursuant to paragraph (1) of this section, may be discharged or released on condition without danger to himself or to others, he shall make application for the discharge or release of such person in a report to the court by which such person was committed and shall transmit a copy of such application and report to the prosecuting attorney of the county from which the defendant was committed. The court shall thereupon appoint at least two (2) qualified psychiatrists to examine such person and to report within sixty (60) days, or such longer period as the court determines to be necessary for the purpose, their opinion as to his mental condition. To facilitate such examination and the proceedings thereon, the court may cause such person to be confined in any institution located near the place where the court sits, which may hereafter be designated by the director of the department of health and welfare as suitable for the temporary detention of irresponsible persons.

 

(3) If the court is satisfied by the report filed pursuant to paragraph (2) of this section and such testimony of the reporting psychiatrists as the court deems necessary that the committed person may be discharged or released on condition without danger to himself or others, the court shall order his discharge or his release on such conditions as the court determines to be necessary. If the court is not so satisfied, it shall promptly order a hearing to determine whether such person may safely be discharged or released. Any such hearing shall be deemed a civil proceeding and the burden shall be upon the committed person to prove that he may safely be discharged or released.

 

According to the determination of the court upon the hearing, the committed person shall thereupon be discharged or released on such conditions as the court determines to be necessary, or shall be recommitted to the custody of the director of the department of health and welfare, subject to discharge or release only in accordance with the procedure prescribed above for a first hearing.

 

(4) If, within five (5) years after the conditional release of a committed person, the court shall determine, after hearing evidence, that the conditions of release have not been fulfilled and that for the safety of such person or for the safety of others his conditional release should be revoked, the court shall forthwith order him to be recommitted to the custody of the director of the department of health and welfare subject to discharge or release only in accordance with the procedure prescribed above for a first hearing.

 

(5) A committed person may make application for his discharge or release to the court by which he was committed, and the procedure to be followed upon such application shall be the same as that prescribed above in the case of an application by the director of the department of health and welfare. However, no such application by a committed person need be considered until he has been confined for a period of not less than six (6) months from the date of the order of commitment and if the determination of the court be adverse to the application, such person shall not be permitted to file a further application until one (1) year has elapsed from the date of any preceding hearing on an application for his release or discharge.

 

(6) If a defendant escapes from custody during his confinement, the director shall immediately notify the court from which committed, the prosecuting attorney and the sheriff of the county from which committed. The court shall forthwith issue an order authorizing any health officer, peace officer, or the director of the institution from which the defendant escaped, to take the defendant into custody and immediately return him to his place of confinement.

 

§ 66-338. CONDITIONAL RELEASE.

 

Except for patients confined pursuant to section  16-1835, 18-211, 18-212, 18-214, or 20-520, Idaho Code, upon determining that a patient may be released without imminent risk or harm due to mental illness, the department director or his designated representative may release a patient from an inpatient treatment facility on the condition that the patient receive outpatient treatment pursuant to a written treatment plan as specified by the department director or his designee or as amended pursuant to this chapter. For purposes of this chapter, "conditional release" shall refer to the situation in which a patient is discharged from an inpatient treatment facility and dispositioned to an outpatient facility, but shall not include absences, such as escape or other absences wherein the patient is expected to return to the inpatient facility upon a certain date or occurrence of an event.

 

§ 66-339. REHOSPITALIZATION OF PATIENTS CONDITIONALLY RELEASED FROM INPATIENT TREATMENT FACILITIES -- PROCEDURE.

 

(a) Proceedings for the rehospitalization of a patient conditionally released from an inpatient treatment facility may be commenced by the filing of a written application with a court of competent jurisdiction by a prosecuting attorney, judge, designated examiner or other person interested in the patient's welfare.

 

(b)  The application shall state the patient's name and last known address; the name and address of either the patient's spouse, guardian, next of kin or friend, if any; and a simple and precise statement of the facts showing that either the patient has violated a condition of the release or is in need of outpatient commitment, or is again in need of placement in an inpatient treatment facility.

 

(c)  Upon receipt of an application, the court shall issue notice of the time and place of hearing not more than five (5) days, excluding Saturdays, Sundays and holidays, from the filing of the application, ensure that the notice and copy of the application are served on the patient, ensure that the patient is represented by counsel and is advised of his or her right to challenge the allegations of the application, ensure that the patient is examined by two (2) designated examiners; and enter such supplemental orders as may be necessary to protect the patient pending the hearing.

 

(d)  The court shall authorize an outpatient commitment as set out in section 66-339A, Idaho Code, or authorize a dispositioner to enter a change in disposition to an inpatient treatment facility if, at the hearing, conducted substantially as a hearing under section 66-329, Idaho Code, the court finds by clear and convincing evidence that the patient:

 

(1) Has a mental illness;

 

(2) Either (i) has violated a condition of the release or (ii) is again in need of placement in an inpatient treatment facility; and

 

(3) Either (i) is likely to injure himself or others; (ii) is gravely disabled; or (iii) that the course of the patient's particular mental disorder is such that the patient is likely to injure himself or others or become gravely disabled in the foreseeable future if the patient is not placed in an inpatient treatment facility.

 

(e)  Within twenty-four (24) hours of the court's authorization, a dispositioner shall determine the least restrictive available inpatient treatment facility consistent with the needs of the patient to be rehospitalized. Within seventy-two (72) hours of the court's authorization, the sheriff of the county in which the patient is present shall transport the patient to the facility designated by the dispositioner. The department of health and welfare shall assume responsibility for the usual and customary treatment costs, as defined in section 66-327(b), Idaho Code, after the patient is dispositioned and transported to a state facility.

 

§ 66-339A. OUTPATIENT COMMITMENT.

 

A person may be committed to outpatient treatment for a period of up to one (1) year if, after a court hearing conducted substantially similar to the one outlined in section 66-329, Idaho Code, the court determines, on the basis of clear and convincing evidence that:

 

(1) The person is diagnosed as having a mental illness; and

 

(2) The person, without the requested treatment:

 

(a)  Is likely to cause harm to himself or to suffer substantial mental or emotional deterioration, or become gravely disabled, or

 

(b)  Is likely to cause harm to others; and

 

(3) The person lacks capacity to make an informed decision concerning his need for treatment; and

 

(4) The person has previously been hospitalized for treatment of mental illness and has by history substantially failed to comply on one (1) or more occasions with the prescribed course of treatment outside the hospital; and

 

(5) A treatment plan has been prepared which includes specific conditions with which the patient is expected to comply, together with a detailed plan for reviewing the patient's medical status and for monitoring his or her compliance with the required conditions of treatment; and

 

(6) There is a reasonable prospect that the patient's disorder will respond to the treatment proposed in the treatment plan without having to be involuntarily committed to an inpatient facility if the patient complies with the treatment requirements specified in the court's order; and

 

(7) The physician or treatment facility which is to be responsible for the patient's treatment under the commitment order has agreed to accept the patient.

 

§ 66-339B. OUTPATIENT COMMITMENT HEARING.

 

(1) Proceedings for the involuntary care and treatment of a person with a mental illness in an outpatient setting by the department may be commenced by the filing of a written application with a court of competent jurisdiction by a friend, relative, spouse or guardian of the proposed patient, or by a licensed physician, prosecuting attorney, or other public official of a municipality, county or of the state of Idaho, regional mental health authority (RMHA) treating professional, or the director of any facility in which such patient may be.

 

(2)  The application shall state: (i) the name and last known address of the proposed patient; (ii) the name and address of either the spouse, guardian, next of kin or friend of the proposed patient; (iii) that more restrictive treatment would be necessary or required if the illness progressed as prior history indicated; (iv) if the proposed patient is, at the time of the application, a voluntary patient; (v) a simple and precise statement showing that the proposed patient has previously been diagnosed with a mental illness, that the proposed patient has previously refused to accept treatment outlined in a treatment plan, and is now refusing such treatment; (vi) the observations indicating the current progression of the illness, that the expected progression would more than likely result in a condition where the proposed patient is likely to injure himself or others or suffer substantial mental or emotional deterioration, or likely to become gravely disabled; and (vii) whether or not there is a less restrictive alternative.

 

(3)  Any such petition shall be accompanied by the report of a designated examiner stating that he has personally examined the proposed patient within the last fourteen (14) days and is of the opinion that the proposed patient (i) has a history of mental illness; (ii) that as a result of the progression of this illness the proposed patient without treatment is likely to injure himself or others or suffer substantial mental or emotional deterioration, or become gravely disabled; (iii) that the proposed patient has a treatment plan that can be satisfied by outpatient services; (iv) that the proposed patient has failed to comply on one (1) or more occasions with a prescribed course of treatment; and (v) that the proposed patient now refuses or lacks the capacity to make informed decisions about the necessity for continued treatment, or (vi) a written statement by the applicant that the proposed patient has refused to submit to examination by a designated examiner. The designated examiner shall report his findings as to the mental condition of the proposed patient and the appropriateness of the patient receiving treatment in an outpatient commitment setting or in an inpatient facility to the court within the forty-eight (48) hours. The report shall be in the form of a written certificate which shall be filed with the court.

 

(a) If the designated examiner's certificate states a belief that the proposed patient meets the above established criteria for outpatient commitment the judge of such court shall issue an order authorizing any regional mental health authority, health officer, peace officer, or director of a facility to take the proposed patient to an outpatient facility in the community in which the proposed patient is residing or to the nearest place of treatment as designated by the RMHA. In addition, the court shall authorize treatment as described in the treatment plan. The conditions of the treatment plan shall be specified, and a copy of that treatment plan shall be provided to the patient as soon as practicable after the hearing. Under no circumstances shall the proposed patient be detained in a nonmedical unit used for the detention of individuals charged with or convicted of penal offenses.

 

(b) If the designated examiner's certificate states a belief that the proposed patient does not meet the above established criteria for outpatient commitment, the court may terminate the proceedings and dismiss the application without taking any further action.

 

(4)  An opportunity to be represented by counsel shall be afforded to every patient proposed for an outpatient commitment, and if neither the proposed patient nor others provide counsel, the court shall appoint counsel in accordance with chapter 8, title 19, Idaho Code, no later than the time the petition is received by the court. Notice of the petition shall be given to the RMHA by the clerk of the court by mailing to an address the RMHA shall provide. In addition to the right to counsel, the proposed patient shall be afforded an opportunity to appear at the hearing, to testify, and to present and cross-examine witnesses. The proposed patient shall be required to be present at the hearing unless the court determines that the mental or physical state of the proposed patient is such that his presence at the hearing would be detrimental to the proposed patient's health or would unduly disrupt the proceedings.

 

(5)  The hearing shall be held at a facility, at the home of the proposed patient, or at any other suitable place not likely to have a harmful effect on the proposed patient's physical or mental health. Venue for the hearing shall be in the county of residence of the proposed patient, unless the patient waives the right to have venue fixed there. The court on its own motion may find that venue in the county where the proposed patient is found is proper, if it is in the best interest of the proposed patient. A record of the proceedings shall be made as for other civil hearings. The hearing shall be conducted in as informal a manner as may be consistent with the rules of evidence.

 

(6)  In all proceedings under this section, any existing provision of the law prohibiting the disclosure of confidential communications between the designated examiner and proposed patient shall not apply and any designated examiner who shall have examined the proposed patient shall be a competent witness to testify as to the proposed patient's condition.

 

(7)  If, upon completion of the hearing and consideration of the record, the court finds by clear and convincing evidence that the proposed patient:

 

(a) Has a mental illness; and

 

(b) Has a prescribed course of treatment for this mental illness; and

 

(c) Has failed to comply with a prescribed course of treatment on one (1) or more occasions outside an inpatient facility; and

 

(d) Because of a deterioration resulting from the failure to comply with the prescribed course of treatment is likely to suffer substantial mental or emotional deterioration or be likely to injure himself or others, or become gravely disabled due to mental illness; the court shall order the proposed patient committed to the department only for the purposes of outpatient commitment for an indeterminate period of time not to exceed one (1) year.

 

The conditions of the treatment plan shall be specified, and a copy of that treatment plan shall be provided to the patient as soon as practicableafter the hearing. The RMHA, through its dispositioner, shall determine within twenty-four (24) hours the least restrictive available outpatient facility consistent with the needs of the patient and the treatment plan.

 

The order of outpatient commitment shall state: (i) whether the proposed patient lacks capacity to make informed decisions about treatment; and (ii) the name and address of the patient's attorney; and (iii) either the patient's spouse, guardian, adult next of kin, or friend; and (iv) whether or not the patient may be involuntarily medicated with medication described in the treatment plan.

 

(8)  If at any time during the one (1) year (or any subsequent) outpatient commitment a patient substantially fails or refuses to comply with the treatment plan, as it may be amended from time to time by the treating facility or physician, the physician or place of treatment to whose care the patient was dispositioned shall proceed in accordance with section 66-339C, Idaho Code.

 

(9)  Notwithstanding other provisions of these statutes, and subject to the provisions of federal law, staff of a facility in which patients are being treated may communicate with outpatient clinicians without patient consent in order to develop outpatient treatment plans.

 

(10) Nothing in this chapter or in any rule adopted pursuant thereto shall be construed to authorize the detention or involuntary outpatient commitment of an individual who:

 

(a) Is epileptic, mentally deficient, mentally retarded, impaired by chronic alcoholism or drug abuse, or aged, unless in addition to such condition, such person is mentally ill; or

 

(b) Is a patient under treatment by spiritual means alone, through prayer, in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof and who asserts to any authority attempting to detain him that he is under such treatment and who gives the name of a practitioner so treating him to such authority.

 

(11) The commitment shall continue for an indeterminate time not to exceed one (1) year. It may be terminated sooner by the RMHA, the treating physician, or the court. It may be renewed upon application under this section by the RMHA, the treating physician, relative, spouse, guardian, or prosecuting attorney, upon the failure of the patient to continue with a treatment plan.

 

It may be terminated sooner by the RMHA, the treating physician, or upon application of the patient if the patient is no longer mentally ill, or is no longer in need of following a treatment plan.

 

§ 66-339C. NONCOMPLIANCE WITH COURT ORDER.

 

(1) If a patient fails to comply with the requirements specified in the outpatient commitment order, and the RMHA, the physician or staff of the treatment facility believes that there is a significant risk of deterioration in the patient's conditions, the director of the facility, physician, or RMHA shall notify law enforcement.

 

(2)  The outpatient commitment order constitutes a continuing authorization for law enforcement, upon request of the director of the outpatient facility, the physician, or the RMHA, to transport the patient to the designated outpatient treatment facility or the physician's office for the purpose of making reasonable efforts to obtain the person's compliance with the requirements of the outpatient commitment order. However, the patient may not be detained at the facility or the physician's office for more than one (1) hour, and may not be physically coerced to take prescribed medications unless the court has entered on the outpatient commitment order an authorization for the nonconsensual delivery of prescribed medication. If a patient has been involuntarily medicated, a report of such action shall be made within twenty-four (24) hours to the court, the patient's guardian, or next of kin by the treatment provider.

 

(3)  If a patient fails to comply with the requirement of the court order, and the RMHA, the physician or staff of the treatment facility believes that there is a significant risk of deterioration, the RMHA, the director of the facility or the physician shall notify the original petitioner for outpatient commitment and the prosecuting attorney of the county where the patient is found and shall recommend an appropriate disposition.

 

Within seventy-two (72) hours of receiving the notice transmitted pursuant to this section that a patient has  failed to comply with the requirements of the outpatient commitment order, the original petitioner for outpatient commitment, the RMHA and the prosecuting attorney of the county where the patient is found or resides may petition the court for a supplemental hearing, or may proceed under any other section of this chapter. If a petition for supplemental hearing is filed, the court shall hold a supplemental hearing in accordance with the procedures specified in section 66-329, Idaho Code, within forty-eight (48) hours. After hearing evidence concerning the patient's current condition and compliance with the court order, the court shall make whichever of the following dispositions it deems appropriate:

 

(a) Upon finding that hospitalization is necessary to prevent the patient from harming himself or others or to prevent substantial deterioration of the patient's mental or emotional conditions, the court shall order a commitment proceeding under section 66-329, Idaho Code, and may temporarily commit the patient to an inpatient facility pending hearing on a petition or application for commitment to an inpatient facility.