Idaho § 66-331 - Care and treatment in a federal facility

§ 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.

[66-331, added 1981, ch. 114, sec. 21, p. 187.]