Idaho Code
Idaho Code

Idaho Code § 66-1304 (2026)

Sources of residents. 

✓ current as of May 2026
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Sources of residents. 

(1) Patients admitted to the program may originate from the following sources:

(a)  Commitments by the courts as unfit to proceed pursuant to section 18-212, Idaho Code.
(b)  Commitments by the courts of persons acquitted of a crime on the grounds of mental illness or defect pursuant to section 18-214, Idaho Code.
(c)  Referrals by the courts for psychosocial diagnosis and recommendations as part of the pretrial or presentence procedure or determination of mental competency to stand trial.
(d)  Mentally ill adult prisoners from city, county and state correctional institutions for diagnosis, evaluation or treatment.
(e)  Commitments by the courts pursuant to section 66-329, Idaho Code.
(f)  Criminal commitments of the Idaho department of correction requiring some form of specialized program not otherwise available.
(2)  Residents coming to the program in the circumstances of subsection (1)(a), (b) and (e) of this section must first be found to be both dangerous and mentally ill, as defined in section 66-1305, Idaho Code, in judicial proceedings conducted in accordance with section 66-329, Idaho Code.
Notes of Decisions
Cited in 2 cases, 1987–1995 · leading case: State v. Hargis, 889 P.2d 1117 (Idaho Ct. App. 1995).
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State v. Hargis, 889 P.2d 1117 (Idaho Ct. App. 1995). · cites it 2× “Options available to the director include the Idaho security medical facility operated by the State Board of Correction, I.C. § 66-1304(e), provided the patient meets the criteria of I.”
State v. Chilton, 736 P.2d 1277 (Idaho 1987). · cites it 2× “The magistrate's order, declaring itself acting under the provisions of § 18-211 of the Criminal Code and also on § 66-1304(c) of Title 66 of the Idaho Code, General Laws, ordered that defendant be detained at the Idaho Security Medical Facility "for a psychiatric examination…”
— Idaho Code § 66-1304(c) — 1 case
State v. Chilton, 736 P.2d 1277 (Idaho 1987). “The magistrate's order, declaring itself acting under the provisions of § 18-211 of the Criminal Code and also on § 66-1304(c) of Title 66 of the Idaho Code, General Laws, ordered that defendant be detained at the Idaho Security Medical Facility "for a psychiatric examination…”
— Idaho Code § 66-1304(e) — 1 case
State v. Hargis, 889 P.2d 1117 (Idaho Ct. App. 1995). “Options available to the director include the Idaho security medical facility operated by the State Board of Correction, I.C. § 66-1304(e), provided the patient meets the criteria of I.”
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