IdahoS 12552026 regular legislative sessionSenateWALLET

HOSPITALIZATION OF MENTALLY ILL – Amends existing law to include tribal health facilities in provisions regarding certain detentions without hearing.

Sponsored By: HEALTH AND WELFARE COMMITTEE

Signed by Governor

HOSPITALIZATION OF MENTALLY ILL

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 1 benefits, 0 costs, 1 mixed.

Faster court review and medical housing

Beginning July 1, 2026, fast court checks and medical‑only placement apply to emergency mental‑health holds. If someone is held without a court order, evidence must reach a court within 24 hours. If the court finds grave disability or imminent danger, it orders temporary custody and an exam within 24 hours. The examiner must report to the court within 24 hours after the exam. If the examiner finds the criteria are met, the prosecutor must file within 24 hours of the exam. If no petition is filed, the person is released. After a petition, the court sets a hearing within five days, including weekends and holidays. Proposed patients cannot be kept in nonmedical units used to hold criminal detainees or inmates.

Emergency holds at tribal health facilities

Beginning July 1, 2026, hospitals and tribal health facilities can hold patients for mental‑health evaluation and care. A hold is allowed only if there is reason to believe the person is gravely disabled by mental illness. Or the person’s freedom poses an imminent danger, shown by a threat of substantial physical harm. Peace officers, including tribal police and state probation or parole officers, may take custody. At these sites, a doctor, physician assistant, advanced practice nurse, or other medical staff may start the hold. Facilities may transfer the person to another medical facility that agrees to accept them.

Sponsors & Cosponsors

Sponsor

  • HEALTH AND WELFARE COMMITTEE

    Affiliation unavailable

Cosponsors

  • Kyle Harris

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 33 • No: 0

Senate vote 2/23/2026

Senate Floor Vote

Yes: 33 • No: 0

Actions Timeline

  1. Signed by Governor on 03/23/26 Session Law Chapter 102 Effective: 07/01/2026

    3/24/2026
  2. Reported delivered to Governor at 4:34 p.m. on 03/19/26

    3/23/2026
  3. Received from Senate; Signed by Speaker; Returned to Senate

    3/19/2026House
  4. Returned From House Passed; referred to enrolling

    3/18/2026Senate
  5. Read second time; Filed for Third Reading

    3/17/2026House
  6. Reported out of Committee with Do Pass Recommendation, Filed for Second Reading

    3/16/2026House
  7. Received from the Senate, Filed for First Reading

    2/24/2026House
  8. Read third time in full – PASSED - 33-0-2

    2/23/2026Senate
  9. Read second time; filed for Third Reading

    2/13/2026Senate
  10. Reported out of Committee with Do Pass Recommendation; Filed for second reading

    2/12/2026Senate
  11. Reported Printed; referred to Health & Welfare

    2/5/2026Senate
  12. Introduced; read first time; referred to JR for Printing

    2/4/2026Senate

Bill Text

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