Legislature looks to study involuntary commitment

BOISE — A resolution that would establish a committee to study involuntary commitment in Idaho has been introduced to the House.

On Monday, House Health and Welfare committee members heard a resolution to create a committee to study Idaho laws on involuntary commitment for persons unable to take care of themselves.

Involuntary commitment refers to the legal process of being admitted for treatment against a patient’s wishes. This can be done for several reasons, including serious developmental disabilities and mental illness.

Rep. Lori McCann, R-Lewiston, presented the resolution “on behalf of several prosecuting attorneys” in Idaho, who have encountered challenges surrounding Idaho’s legal code surrounding involuntary commitments.

“They have asked me if we could set up an interim committee to study all of the different areas and try to bring them all together and make this a smoother, simpler process,” McCann said. “It is very confusing for folks … there’s a lack of coordinated objectives for the custody, care and treatment of folks with mental illnesses.”

The resolution calls for the Legislative Council to create a committee composed of nonlegislative attorneys, medical providers, psychiatrists and other professionals to review and recommend updates to Idaho code on involuntary commitment procedure.

McCann said there were more than three attorneys who approached her with the legislation request, saying it has been “an ongoing problem for several years.”

Current Idaho statute lacks a clear definition of the terms “imminent” and “imminent danger” — critical to assessing whether involuntary hold criteria have been met, according to the Idaho State Bar. Other things like alcohol and substance abuse often make assessment difficult for providers; Idaho prohibits the placement of a mental health hold on patients “impaired by chronic alcoholism or drug abuse,” resulting in many providers not placing holds on substance-impaired patients.

The committee unanimously voted to introduce the resolution, which will come back for a full committee hearing at a later date.

Schwicht may be contacted at newsroom@idahopress.com.