Idaho Code
Idaho Code

Idaho Code § 18-211 (2026)

Examination of defendant — Appointment of psychiatrists and licensed psychologists — Hospitalization — Report. 

✓ current as of May 2026
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Examination of defendant — Appointment of psychiatrists and licensed psychologists — Hospitalization — Report. 

(1) Whenever there is reason to doubt the defendant’s fitness to proceed as set forth in section 18-210, Idaho Code, the court shall appoint at least one (1) qualified psychiatrist or licensed psychologist or shall request the director of the department of health and welfare to designate at least one (1) qualified psychiatrist or licensed psychologist to examine and report upon the mental condition of the defendant to assist counsel with defense or understand the proceedings. The appointed examiner shall also evaluate whether the defendant lacks capacity to make informed decisions about treatment. The costs of examination shall be paid by the defendant if he is financially able. The determination of ability to pay shall be made in accordance with chapter 8, title 19, Idaho Code.

(2)  Within three (3) days, excluding Saturdays, Sundays and legal holidays, of the appointment or designation, the examiner shall determine the best location for the examination. If practical, the examination shall be conducted locally on an outpatient basis.
(3)  If the examiner determines that confinement is necessary for purposes of the examination, the court may order the defendant to be confined to a jail, a hospital, or other suitable facility for that purpose for a period not exceeding thirty (30) days. The order of confinement shall require the county sheriff to transport the defendant to and from the facility and shall notify the facility of any known medical, behavioral, or security requirements of the defendant. The court, upon request, may make available to the examiner any court records relating to the defendant.
(4)  In such examination, any method may be employed that is accepted by the examiner’s profession for the examination of those alleged not to be competent to assist counsel in their defense.
(5)  Upon completion of the examination, a report shall be submitted to the court and shall include the following:
(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.
(6)  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.
(7)  The report of the examination shall be filed with the clerk of the court, who shall cause copies to be delivered to the prosecuting attorney and to counsel for the defendant.
(8)  When the defendant wishes to be examined by an expert of his own choice, such examiner shall be permitted to have reasonable access to the defendant for the purpose of examination.
(9)  In the event a defendant is suspected of being developmentally disabled, the examination shall proceed with those experts set out in subsection (7) of section 66-402, Idaho Code.
(10) In addition to the psychiatrist, licensed psychologist, or evaluation committee, the court may appoint additional experts to examine the defendant.
(11) If, at any time during the examination process, the examiner has reason to believe that the defendant’s alleged incompetency may be the result of a developmental disability and the matter has not already been referred to an evaluation committee for review, the examiner shall immediately notify the court. The court shall then appoint an evaluation committee or shall order the department of health and welfare to designate, within two (2) business days, an evaluation committee consistent with section 66-402(7), Idaho Code.
(12) If the defendant lacks capacity to make informed decisions about treatment, as defined in section 66-317, Idaho Code, the court may authorize consent to be given pursuant to section 66-322, Idaho Code. If the defendant lacks capacity to make informed decisions as defined in subsection (9) of section 66-402, Idaho Code, the court may authorize consent to be given pursuant to sections 66-404 and 66-405, Idaho Code.
(13) If the defendant was confined solely for the purpose of examination, he shall be released from the facility within three (3) days, excluding Saturdays, Sundays and legal holidays, following notification of completion of the examination.
Notes of Decisions
Cited in 79 cases (9 in the last 5 years), 1975–2026 · leading case: State v. Olin, 648 P.2d 203 (Idaho 1982).
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State v. Olin, 648 P.2d 203 (Idaho 1982). · cites it 34× “Most significant is that this request was in addition to the psychiatric examination mandated and obtained under I.C. § 18-211. [1] In fact, the trial court had ordered that the defendant be examined by two psychiatrists, rather than just one as required under I.”
State v. Osborn, 631 P.2d 187 (Idaho 1981). · cites it 16× “I.C. § 18-211. Following discovery and argument on various motions not in issue here, appellant, on May 21, 1979, withdrew his plea of not guilty and entered a plea of guilty to the charge of first degree murder.”
Dunlap v. State, 106 P.3d 376 (Idaho 2004). · cites it 4× “There is no evidence in the record that the parties stipulated to try this issue in district court. The mental health issue that was tried, was whether Dunlap received effective assistance of counsel when his attorneys failed to obtain a psychological evaluation pursuant to I.”
State v. Hightower, 620 P.2d 783 (Idaho 1980). · cites it 16× “The court, as directed by I.C. § 18-211, again ordered psychiatric evaluation.”
State v. Lovelace, 90 P.3d 278 (Idaho 2003). · cites it 6× “Idaho Code § 18-211 requires that when there is reason to doubt the defendant’s fitness to proceed as set forth in section 18-210, Idaho Code, the court shall appoint at least one qualified psychiatrist or licensed psychologist, who upon completion of an examination of the…”
State v. Oxford, 473 P.3d 784 (Idaho 2020). · cites it 8× “Oxford moved to continue the preliminary hearing to allow for a competency evaluation pursuant to Idaho Code section 18-211. The magistrate court granted the continuance and ordered a competency evaluation.”
Ridgley v. State, 227 P.3d 925 (Idaho 2010). · cites it 2× “…Court-ordered competency evaluations are to be performed by a “qualified psychiatrist or licensed psychologist.” I.C. § 18-211.”
State v. Cope, 129 P.3d 1241 (Idaho 2006). · cites it 5× “The magistrate judge ordered a psychological evaluation pursuant to I.C. § 18-211 to determine whether Cope was competent to assist in his own defense and stand trial.”
State v. Payne, 199 P.3d 123 (Idaho 2008). · cites it 2× “Idaho Code § 18-215 provides: A statement made by a person subjected to psychiatric or psychological examination or treatment pursuant to sections 18-211, 18-212 or 19-2522, Idaho Code, for the purposes of such examination or treatment shall not be admissible in evidence in any…”
State v. Griffiths, 610 P.2d 522 (Idaho 1980). · cites it 4× “Idaho Code § 18-211 provides for the court to appoint a psychiatrist to "examine and report upon the mental condition of the defendant.”
State v. Cotton, 602 P.2d 71 (Idaho 1979). · cites it 3× “§ 18-6503); attempted infamous crime against nature, attempt is one half (1/2) the longest term of imprisonment prescribed on conviction of the offense attempted (I.C. § 18-306); infamous crime against nature, not less than 5 years (I.”
State v. Burke, 462 P.3d 599 (Idaho 2020). · cites it 2× “Burke contends that the plain meaning of “incarceration” focuses on the act of “confinement, not the facility,” and that “the degree of confinement matters, the location does not.”
Show all 79 citing cases →
— Idaho Code § 18-211(1) — 6 cases
State v. Hanson, 271 P.3d 712 (Idaho 2012).
State of Idaho v. Erica Dawn Baldwin (Idaho Ct. App. 2026).
State v. Barger (Idaho Ct. App. 2020).
Barger v. State (Idaho Ct. App. 2025).
State v. Brandon Leigh Day (Idaho Ct. App. 2012).
— Idaho Code § 18-211(3) — 1 case
State v. Cope, 129 P.3d 1241 (Idaho 2006). “The magistrate judge ordered a psychological evaluation pursuant to I.C. § 18-211 to determine whether Cope was competent to assist in his own defense and stand trial.”
— Idaho Code § 18-211(3)(d) — 2 cases
State v. Olin, 648 P.2d 203 (Idaho 1982). “Most significant is that this request was in addition to the psychiatric examination mandated and obtained under I.C. § 18-211. [1] In fact, the trial court had ordered that the defendant be examined by two psychiatrists, rather than just one as required under I.”
State v. Wells, 645 P.2d 371 (Idaho Ct. App. 1982).
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