Key Information

Relevant Statutes and Rules

Idaho Code Ann. § 18-210

What proceedings can occur while the defendant is incompetent

None stated.

Number of examiners required

1
Idaho Code § 18-211(1) 

3, if the person is suspected to have a developmental disability. 
Idaho Code §§ 18-211(9),  66-402(7).

Qualifications of examiners

Qualified psychiatrist or licensed psychologist. 
Idaho Code § 18-211(1).

If D is suspected to have a developmental disability, evaluation shall be perfomed by a three-member evaluation committee (licensed physician, licensed social worker/professional counselor, and clinical psychologist/person with a master's degree in psychology as designated by the department director), each of whom ""must be specially qualified by training and experience in the diagnosis and treatment of persons with a developmental disability.""  Idaho Code §§ 18-211(9), 66-402(7).

What must the evaluation report contain

"(a) A description of the nature of the examination;
(b) A diagnosis or evaluation of the mental condition of the defendant;
(c) An opinion as to the defendant's capacity to understand the proceedings against him and to assist in his own defense;
(d) An opinion whether the defendant lacks the capacity to make informed decisions about treatment. “Lack of capacity to make informed decisions about treatment” means the defendant's inability, by reason of his mental condition, to achieve a rudimentary understanding of the purpose, nature, and possible significant risks and benefits of treatment, after conscientious efforts at explanation."
Idaho Code § 18-211(5)

"If the examination cannot be conducted by reason of the unwillingness of the defendant to participate therein, the report shall so state and shall include, if possible, an opinion as to whether such unwillingness of the defendant was the result of mental disease or defect." Idaho Code §  18-211(6)

Are low-level offenses excluded from restoration

None stated.

Is there a pathway for diversion following a finding of incompetence to stand trial

None stated.

What are the locations for restoration services

Inpatient only.
 If d is found to be dangerously mentally ill, he shall be committed to the custody of the department of corrections.  Idaho Code § 18-211(2)
 

What is the test for restorability

"substantial probability the defendant will be fit to proceed within the foreseeable future."  Idaho Code § 18-212(2), (4)

What is the procedure after restoration

"Upon receipt of a report [indicating defendant's competence has been restored], the court shall determine, after a hearing if a hearing is requested, the disposition of the defendant and the proceedings against him. If the court determines that the defendant is fit to proceed, the proceeding shall be resumed."

Idaho Code Ann. § 18-212(4)

What is the procedure if there is a finding of unrestorability

Involuntary commitment proceedings shall be instituted. Idaho Code § 18-212(4)

What are the time limits on initial transfer to restoration services

None stated.

What are the time limits for treatment

N/A

What is the process if time limit is reached without restoration

Involuntary commitment proceedings shall be instituted.

Idaho Code § 18-212(4)

Are there prohibitions on revoking pretrial release or competency as a pre-trial release factor

None stated.

Time limits on treatment

270 days. 

Idaho Code § 18-212(2).