Idaho Code
Idaho Code § 19-2524 (2026)
consideration of community-based treatment to meet behavioral health needs in sentencing and post-sentencing proceedings.
✓ current as of May 2026
Find cases:
SyfertCases citing this section
IClegislature.idaho.gov
Justiaon Justia
CornellLII Search
CasesGoogle Scholar
consideration of community-based treatment to meet behavioral health needs in sentencing and post-sentencing proceedings.
(1) After a defendant has pled guilty to or been found guilty of a felony, and at any time thereafter while the court exercises jurisdiction over the defendant, behavioral health needs determinations shall be conducted when and as provided by this section.
(a) As part of the presentence process, a screening to determine whether a defendant is in need of a substance use disorder assessment and/or a mental health examination shall be made in every felony case unless the court waives the requirement for a screening. The screening shall be performed within seven (7) days after the plea of guilty or finding of guilt.
(b) At any time after sentencing while the court exercises jurisdiction over the defendant, the court may order such a screening to be performed by individuals authorized or approved by the department of correction if the court determines that one is indicated. The screening shall be performed within seven (7) days after the order of the court requiring such screening.
(2) Substance use disorder provisions.
(a) Should a screening indicate the need for further assessment of a substance use disorder, the necessary assessment shall be timely performed so as to avoid any unnecessary delay in the criminal proceeding and not later than thirty-five (35) days after a plea of guilty or finding of guilt or other order of the court requiring such screening. The assessment may be performed by qualified employees of the department of correction or by private providers approved by the department of health and welfare. If the screening or assessment is not timely completed, the court may order that the screening be performed by another qualified provider.
(b) Following completion of the assessment, the results of the assessment, including a determination of whether the defendant meets diagnostic criteria for a substance use disorder and the recommended level of care, shall be submitted to the court as part of the presentence investigation report or other department of correction report to the court.
(c) Following the entry of a plea of guilty or a finding of guilt, the court may order, as a condition of the defendant’s continued release on bail or on the defendant’s own recognizance, that, if the assessment reflects that the defendant meets diagnostic criteria for a substance use disorder, the defendant shall promptly, and prior to sentencing, begin treatment at the recommended level of care.
(d) If the court concludes at sentencing, or at any time after sentencing while the court exercises jurisdiction over the defendant, that the defendant meets diagnostic criteria for a substance use disorder, and if the court places the defendant on probation, the court may order the defendant, as a condition of probation, to undergo treatment at the recommended level of care, subject to modification of the level of care by the court. If substance use disorder treatment is ordered, all treatment shall be performed by a qualified private provider approved by the department of health and welfare. The court may order that, if the level of care placement or the treatment plan is modified in any material term, the department of correction shall notify the court stating the reason for the modifications and informing the court as to the clinical alternatives available to the defendant. The level of care for substance use treatment shall be based on each probationer’s risk assessment with priority given to probationers with high or moderate risk levels.
(e) In no event shall the persons or facility doing the substance use assessment be the person or facility that provides the substance use treatment unless this requirement is waived by the court or where the assessment and treatment are provided by or through a federally recognized Indian tribe or federal military installation where diagnosis and treatment are appropriate and available.
(f) Defendants who have completed department of correction institutional programs may receive aftercare services from qualified employees of the department of correction.
(g) The expenses of all screenings and assessments for substance use disorder provided or ordered pursuant to this section shall be borne by the department of correction. The expenses for treatment provided or ordered pursuant to this section shall be borne by the department of correction unless the defendant is placed in a treatment program that is funded by an alternate source. The department of correction shall be entitled to any payment received by the defendant or to which he may be entitled from any public or private source available to the department of correction for the service provided to the defendant. The department of correction may promulgate rules for a schedule of fees to be charged to the defendant for the substance use disorder assessments and treatments provided to the defendant based on the actual costs of such services and the ability of the defendant to pay. The department of correction shall determine costs pursuant to section 39-3140, Idaho Code.
(3) Mental health provisions.
(a) Should the mental health screening indicate that a serious mental illness may be present, then the department of correction shall refer the defendant to the department of health and welfare for further examination. The examination shall be timely performed so as to avoid any unnecessary delay in the criminal proceeding and not later than thirty-five (35) days after a plea of guilty or finding of guilt or other order of the court requiring such screening.
(b) The examination may be performed by qualified department of health and welfare employees or by private providers under contract with the department of health and welfare, provided that such examination shall at a minimum include an in-depth evaluation of the following:
(i) Mental health concerns;
(ii) Psychosocial risk factors;
(iii) Medical, psychiatric, developmental and other relevant history;
(iv) Functional impairments;
(v) Mental status examination;
(vi) Multiaxial diagnoses; and
(vii) Any other examinations necessary to provide the court with the information set forth in paragraph (c) of this subsection.
(c) Upon completion of the mental health examination, the court shall be provided, as part of the presentence report or other department of health and welfare report to the court, a copy of the mental health assessment along with a summary report. The summary report shall include the following:
(i) Description and nature of the examination;
(ii) Multiaxial diagnoses;
(iii) Description of the defendant’s diagnosis and if the defendant suffers from a serious mental illness (SMI) as that term is now defined, or is hereafter amended, in IDAPA 16.07.33.011, to also include post-traumatic stress disorder;
(iv) An analysis of the degree of impairment due to the defendant’s diagnosis;
(v) Consideration of the risk of danger the defendant may create for the public; and
(vi) If the defendant suffers from a serious mental illness, the report shall also include a plan of treatment that addresses the following:
1. An analysis of the relative risks and benefits of treatment versus nontreatment;
2. Types of treatment appropriate for the defendant; and
3. Beneficial services to be provided.
(d) If the court, after receiving a mental health examination and plan of treatment, determines that additional information is needed regarding the mental condition of the defendant or the risk of danger such condition may create for the public, the court may order additional evaluations and/or recommendations for treatment to be furnished by a psychiatrist, licensed physician or licensed psychologist.
(e) If the court concludes that the defendant suffers from a serious mental illness as defined in paragraph (c)(iii) of this subsection and that treatment is available for such serious mental illness, then the court may order, as a condition of the defendant’s release on bail or on the defendant’s own recognizance or as a condition of probation, that the defendant undergo treatment consistent with the plan of treatment, subject to modification of the plan of treatment by the court. If the plan of treatment is modified in any material term, the department of health and welfare shall notify the court in a timely manner stating the reasons for the modification and informing the court as to the clinical alternatives available to the defendant.
(f) If treatment is ordered, all treatment shall be performed by a provider approved by the department of health and welfare.
(g) Mental health examinations and/or treatment provided or ordered pursuant to this section shall be secured by the department of health and welfare. The department of health and welfare shall exhaust efforts to assist the defendant in gaining access to health care benefits that will cover the defendant’s mental health treatment needs. To the extent that health care benefits are not available to the defendant for the treatment, the expenses for treatment shall be borne by the department of health and welfare. The expenses of all mental health examinations provided or ordered under this section shall be borne by the department of health and welfare. The department of health and welfare shall be entitled to any payment received by the defendant or to which he may be entitled from any public or private source available to the department of health and welfare for the service provided to the defendant. The department of health and welfare shall determine costs pursuant to section 39-3140, Idaho Code. The defendant shall pay the fee for the mental health examinations and treatments consistent with the rules of the department of health and welfare.
(4) Unless otherwise ordered by the court, if the defendant is in treatment for a substance use disorder or mental illness, any substance use disorder assessment required pursuant to subsection (2) of this section or mental health examination required pursuant to subsection (3) of this section need not be performed while the defendant is in such treatment. In such circumstances, the court may make such order as it finds appropriate to facilitate the completion of the sentencing process or other proceeding before the court, including providing for the assessment and treatment records to be included in the presentence investigation report or other report to the court.
(5) Any substance use disorder assessment including any recommended level of care or mental health examination including any plan of treatment shall be delivered to the court, the defendant and the prosecuting attorney prior to any sentencing hearing or probation revocation hearing.
(6) A substance use disorder assessment prepared pursuant to the provisions of this section shall satisfy the requirement of an alcohol evaluation prior to sentencing set forth in section 18-8005(11), Idaho Code, and shall also satisfy the requirement of a substance abuse evaluation prior to sentencing set forth in section 37-2738, Idaho Code.
(7) If the defendant is sentenced to the custody of the board of correction, then any substance use disorder assessment, mental health examination or plan of treatment shall be sent to the department of correction along with the presentence report.
Notes of Decisions
Cited in 28
cases (3 in the last 5 years), 2010–2023 · leading case: State v. Hanson, 249 P.3d 1184 (Idaho Ct. App. 2011).
State v. Hanson, 249 P.3d 1184 (Idaho Ct. App. 2011). “ANALYSIS Hanson argues on appeal that the district court erred when it failed to sua sponte order a mental health examination under I.C. § 19-2524 prior to disposition of his probation violation.”
State v. Miller, 264 P.3d 935 (Idaho 2011). “Miller has a history of psychological problems, so the court ordered a psychological evaluation pursuant to I.C. § 19-2524. That evaluation stated that Miller suffered from anxiety and depression, and that he met the criteria for “Major Depression and Personality Disorder Not…”
State v. Garry K. Widmyer, 313 P.3d 770 (Idaho Ct. App. 2013). “Such answers may only be used in a probation revocation hearing, which is not a criminal proceeding, and therefore, not incriminating for Fifth Amendment purposes.”
State v. Rollins, 266 P.3d 1211 (Idaho Ct. App. 2011). “After entry of the guilty plea, the district court inquired about the need for an I.C. § 19-2524 evaluation, which allows courts to “order the defendant to undergo a substance abuse assessment and/or a mental health examination.”
Rodriquez v. State, 524 P.3d 913 (Idaho 2023). “The district court ordered a presentence investigation (PSI) along with an Idaho Code section 19-2524 domestic violence evaluation (DVE).”
State v. James Darnell Black, 392 P.3d 45 (Idaho Ct. App. 2017). “” A certified counselor with the Department of Health and Welfare then prepared a mental health examination report pursuant to I.C. § 19-2524. In that report, the counselor acknowledged that Black may have a serious mental illness.”
State v. Delling, 267 P.3d 709 (Idaho 2011). “When mental health is an issue at sentencing, I.C. § 19-2524 provides guidance to trial judges.”
State v. Hanson, 271 P.3d 712 (Idaho 2012). “A new evaluation does not need to be performed if an earlier evaluation has been conducted pursuant to I.C. § 19-2524 and the resulting report satisfies the requirements of I.”
State v. Joanne N. Christofferson (Idaho Ct. App. 2017). “Idaho Code § 19-2524 states: “After a defendant has pled guilty to or been found guilty of a felony, and at any time thereafter while the court exercises jurisdiction over the defendant, behavioral health needs determinations shall be conducted when, and as provided by, this…”
State v. Just., 266 P.3d 1153 (Idaho Ct. App. 2011). “Following Justice’s guilty pleas, the district court ordered a presentence investigation report (PSI) and a mental health examination pursuant to I.C. § 19-2524. Justice, who was twenty-two years old when sentenced, is an avowed racist.”
Darrel Wyatt Morris v. State (Idaho Ct. App. 2012). “The State responds that the mental health examination was ordered pursuant to Idaho Code § 19-2524 , not section 19-2522, and by the clear language in the two statutes, the section 19-2524 mental health examination does not need to meet the more stringent requirements for a…”
State v. Turnage (Idaho Ct. App. 2019). “Turnage argues the district court abused its discretion by sentencing him without an evaluation under Idaho Code § 19-2524 and deprived him of his Sixth Amendment right to counsel during restitution proceedings.”
— Idaho Code § 19-2524(1) — 5 cases
State v. Rollins, 266 P.3d 1211 (Idaho Ct. App. 2011). “After entry of the guilty plea, the district court inquired about the need for an I.C. § 19-2524 evaluation, which allows courts to “order the defendant to undergo a substance abuse assessment and/or a mental health examination.”
State v. Garry K. Widmyer, 313 P.3d 770 (Idaho Ct. App. 2013). “Such answers may only be used in a probation revocation hearing, which is not a criminal proceeding, and therefore, not incriminating for Fifth Amendment purposes.”
State v. Hanson, 249 P.3d 1184 (Idaho Ct. App. 2011). “ANALYSIS Hanson argues on appeal that the district court erred when it failed to sua sponte order a mental health examination under I.C. § 19-2524 prior to disposition of his probation violation.”
State v. Joanne N. Christofferson (Idaho Ct. App. 2017). “Idaho Code § 19-2524 states: “After a defendant has pled guilty to or been found guilty of a felony, and at any time thereafter while the court exercises jurisdiction over the defendant, behavioral health needs determinations shall be conducted when, and as provided by, this…”
Darrel Wyatt Morris v. State (Idaho Ct. App. 2012). “The State responds that the mental health examination was ordered pursuant to Idaho Code § 19-2524 , not section 19-2522, and by the clear language in the two statutes, the section 19-2524 mental health examination does not need to meet the more stringent requirements for a…”
— Idaho Code § 19-2524(1)(a) — 2 cases
State v. Joanne N. Christofferson (Idaho Ct. App. 2017). “Idaho Code § 19-2524 states: “After a defendant has pled guilty to or been found guilty of a felony, and at any time thereafter while the court exercises jurisdiction over the defendant, behavioral health needs determinations shall be conducted when, and as provided by, this…”
State v. Williams, 479 P.3d 445 (Idaho Ct. App. 2020).
— Idaho Code § 19-2524(2)(a) — 1 case
State v. Turnage (Idaho Ct. App. 2019). “Turnage argues the district court abused its discretion by sentencing him without an evaluation under Idaho Code § 19-2524 and deprived him of his Sixth Amendment right to counsel during restitution proceedings.”
— Idaho Code § 19-2524(3)(a) — 1 case
State v. Joanne N. Christofferson (Idaho Ct. App. 2017). “Idaho Code § 19-2524 states: “After a defendant has pled guilty to or been found guilty of a felony, and at any time thereafter while the court exercises jurisdiction over the defendant, behavioral health needs determinations shall be conducted when, and as provided by, this…”
— Idaho Code § 19-2524(3)(b) — 1 case
Darrel Wyatt Morris v. State (Idaho Ct. App. 2012). “The State responds that the mental health examination was ordered pursuant to Idaho Code § 19-2524 , not section 19-2522, and by the clear language in the two statutes, the section 19-2524 mental health examination does not need to meet the more stringent requirements for a…”
— Idaho Code § 19-2524(3)(d) — 1 case
State v. Joanne N. Christofferson (Idaho Ct. App. 2017). “Idaho Code § 19-2524 states: “After a defendant has pled guilty to or been found guilty of a felony, and at any time thereafter while the court exercises jurisdiction over the defendant, behavioral health needs determinations shall be conducted when, and as provided by, this…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.