STATE OF IDAHO JUDICIAL BRANCH
Supreme Court

Idaho Treatment Court Rule 9. Admission to Treatment Court

(a) No person has a right to be admitted to a Treatment Court.

(b) A person desiring to participate in a Treatment Court shall submit an application for admission, developed and approved by the judicial district or Treatment Court program, and a Consent for Disclosure of Confidential Information to the Treatment Court Coordinator and shall submit any information required by the Treatment Court to evaluate whether the person meets the criteria for admission.

(c) The Treatment Court Judge may issue an Order for Assessment for Treatment Court if the applicant does not have a current substance use disorder assessment, mental health assessment, or Level of Service Inventory - Revised (LSI-R).

(d) Treatment Court personnel may review the applicant’s Pre-sentence Investigation (PSI) report for purposes of screening the applicant, notwithstanding any limitations pursuant to Idaho Criminal Rule 32.

(e) The Treatment Court Team shall screen each applicant to determine if the applicant meets eligibility requirements and criteria for admission into the particular Treatment Court.

(f) Once the Treatment Court Judge, in consultation with the Treatment Court Team, determines the applicant’s eligibility or ineligibility for participation in the Treatment Court, the Treatment Court Judge or designee shall issue a Notice of Eligibility for Treatment Court to be provided to the presiding judge and filed in the underlying criminal case.

(g) Parolees may apply to a Treatment Court. A parolee must meet eligibility requirements of the Treatment Court, must have pled or been found guilty of a new felony or misdemeanor charge, and must have permission of the Parole Commission.

(h) If an applicant is ordered into a Treatment Court, the presiding Judge will enter an Order for Participation in a Treatment Court and an Order for Payment of Treatment Court Fees.

(i) A Treatment Court Judge may adjust the participant’s Treatment Court fees. If fees are adjusted, the Treatment Court Judge shall enter an Order to Adjust Treatment Court Fees.

(Adopted April 29, 2022, effective July 1, 2022; amended June 12, 2023, effective July 1, 2023.)