The County prosecuting attorney, in some circumstances, will file to have residents of the county involuntarily committed to a state hospital for treatment of a mental disease or defect that causes them to be dangerous to themselves or others. This is done using the procedures set forth in Title 66, Chapter 3 of the Idaho Code.
In order for the Nez Perce County Prosecutor’s Office to commence commitment proceedings against an individual, Idaho Code Section 66-328 requires:
- The proposed patient must be a resident of Nez Perce County; OR
- If the patient is NOT a Nez Perce County resident, the prosecutor’s office MUST have confirmation from the resident county that they will pay the expenses for the commitment – including such additional filing and hearing costs, and such reasonable medical and attorney fees or other fees as may be fixed by law or by our Court.
- Further commitment proceedings cannot occur if residence cannot be established and/or payment agreed to by the resident county.