STATE OF IDAHO JUDICIAL BRANCH
Supreme Court

Idaho Treatment Court Rule 20. Neutral Discharge

(a) Upon the Treatment Court Team’s recommendation that a participant be neutrally discharged, the court shall provide notice to the parties. A party has fourteen (14) days to file an objection to the neutral discharge. Upon the filing of an objection, a hearing shall be held within twenty-eight (28) days, or for good cause shown, as soon thereafter as practicable.

(b) If a participant is neutrally discharged, the court shall issue a Notice of Neutral Discharge from Treatment Court and Stopping Participant Fees.

(c) A neutral discharge shall not be grounds for termination nor alone be the finding of a probation violation.

(d) Upon a neutral discharge, the participant’s underlying case will be assigned as follows:

(1) If the case is before the Treatment Court Judge by transfer of supervision, the case shall be referred back to the originating court or referred to the Administrative District Judge within the original judicial district for reassignment.

(2) If the case is before the Treatment Court Judge by assignment within the original judicial district or by change of venue, the case may remain assigned to the Treatment Court Judge or may be referred to the Administrative District Judge within the current judicial district for reassignment.

(e) The judge assigned to a participant’s criminal case after the entry of a neutral discharge shall have the authority to modify the terms and conditions of probation.

(Adopted April 29, 2022, effective July 1, 2022; amended July 18, 2024, effective July 18, 2024.)