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Idaho Court Administrative Rule 100. Hospitalization of Mentally Ill, Detention Without a Hearing.

 

(a) Notice to Court of Detention and Placement at a Facility. Whenever a person is taken into custody or detained by a peace officer or medical staff member without a court order pursuant to Idaho Code section 66-326(1) or Idaho Code section 16-2413, the evidence supporting the claim that: (i) the person is gravely disabled due to mental illness or imminent danger, as provided in section 66-326, or (ii) that an emergency exists with respect to the child, as provided in section 16-2414, must be electronically filed with the court by the prosecuting attorney within twenty four (24) hours of the time the person was placed in custody or detained.

 

(b) Examination and Report. If the court issues a temporary custody order requiring the person to be held in a facility and requiring an examination of the person by a designated examiner, the designated examiner's findings must be reported to the prosecuting attorney within twenty-four (24) hours of the examination. Upon receipt of the designated examiner's findings, the prosecuting attorney shall, as soon as reasonably practicable but in no event no later than 24 hours following receipt, file such findings with the court.

 

 

 

 

 

(Adopted March 30, 2023, effective May 1, 2023.)

As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.

 

Members of the
Idaho Supreme Court

Chief Justice G Richard Bevan
Justice Robyn M. Brody
Justice Gregory W. Moeller
Justice Colleen D. Zahn
Justice Cynthia K.C. Meyer



Members of the
Idaho Court of Appeals

Chief Judge David W. Gratton
Judge Molly J Huskey
Judge Jessica M. Lorello

 

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