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Committee backs change to crisis-hold language for people with neurocognitive disorders
Summary
The Senate Health and Welfare Committee voted to send Senate Bill 11 20 forward after the sponsor proposed replacing a liability-related phrase with an "imminent danger" standard to make police more comfortable using a crisis hold for people with neurocognitive disorders.
BOISE — The Idaho Senate Health and Welfare Committee voted to send Senate Bill 11 20 to the Senate with a do-pass recommendation after a sponsor said the bill clarifies when police may use a crisis hold for people with neurocognitive disorders who pose an immediate threat.
Sen. Melissa Wintrow, D-Boise, told the committee the bill is a narrow change to a law the Legislature passed earlier to give officers a last-resort option for people with conditions such as Huntington’s disease when they are an immediate danger to themselves or others. Wintrow described an incident in which a shelter resident with Huntington's was throwing hot coffee pots and said police at the time had no crisis-hold option and could only jail the person or leave them at the scene.
Wintrow said the amendment replaces the phrase "person is likely to injure" with language the policing community prefers: when a person’s continued liberty "poses an imminent danger." She said medical providers would still be able to use the "likely to injure themselves or others" standard when placing a crisis hold in a hospital setting.
"If I can't get them into an ambulance or talk them into coming somewhere, I feel more comfortable taking them into custody," Wintrow said, describing the policing rationale that without custody the person's continued liberty would "continue to pose a threat." The sponsor and committee members stressed the change is intended to reduce liability concerns among law enforcement while preserving the bill's original aim.
A motion to send Senate Bill 11 20 forward with a do-pass recommendation carried by voice vote; the transcript records members saying "Aye" and no members opposing. The motion was moved and seconded before the voice vote.
The bill leaves in place the hospital/medical standard allowing physicians to place a crisis hold when no guardian is available, the sponsor said. No fiscal impacts or further implementation details were discussed in the committee record.
The committee proceeded to its next agenda items after the vote.
