Idaho Code

Idaho Code § 66-343 (2026)

Petition for reexamination of order of commitment.

✓ current as of May 2026

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Petition for reexamination of order of commitment.

All patients committed pursuant to section 66-329, Idaho Code, shall be entitled to a reexamination of the order for or conditions of his commitment on his own petition, or that of his legal guardian, parent, spouse, relative, attorney or friend, to the district court of the county in which the patient was committed or is found. Within three (3) years of the effective date of this act, the department shall petition for the reexamination of all patients committed pursuant to section 66-329, Idaho Code, prior to the effective date of this act. Upon receipt of the petition the court shall determine whether the conditions justifying involuntary care and treatment continue to exist except that such proceedings shall not be required to be conducted if the petition is filed sooner than four (4) months after the issuance of the order of commitment or sooner than one (1) year after the filing of a previous petition under this section.

Notes of Decisions

Cited in 3 cases, 1971–1982 · leading case: Application of Downing, 652 P.2d 193 (Idaho 1982).

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Application of Downing, 652 P.2d 193 (Idaho 1982). · cites it 20× “I.C. § 66-343 sets forth the right of a person involuntarily committed pursuant to I.”

Application of True, 645 P.2d 891 (Idaho 1982). · cites it 4× “§ 66-340 (and presumably the provisions of I.C. § 66-343 providing for a patient's personal right to petition for release), do not adequately protect the interests of the patient because review is not mandatory, and because the burden is placed on the patient to justify release.”

Glasco v. Brassard, 483 P.2d 924 (Idaho 1971). · cites it 2× “Insofar as the patient is concerned, this procedure breaks down into two separate areas, one the judicial and the other the treatment.”

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