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Committee tables bill requiring immediate DHHS custody, seeks more details on placement timelines and capacity
Summary
The committee tabled LD 1416 after extensive testimony from DHHS, the Department of Corrections and sheriffs about placement capacity and safety: the sponsor's amendment narrows the original immediate-placement mandate but proposed a 7-day transfer window for a subset of cases and a 16-member study commission; the committee voted to table pending additional information.
The Health and Human Services Committee voted to table LD 1416 after hearing competing testimony about safety, capacity and logistics for moving court-committed individuals into DHHS custody.
The original bill would have required immediate DHHS custody for defendants court-ordered to mental-health facilities and barred placement in county or regional jails. The sponsor’s amendment removed the immediate-placement language but added (a) a requirement for DHHS to implement and communicate a clear transfer plan and (b) an expedited transfer timeline — seven days — for a subset of individuals who are committed for observation or declared incompetent to stand trial and who meet the 'likelihood of serious harm' criteria supported by a medical certificate.
DOC and corrections officials warned that available capacity is limited. Tony Cantillo (DOC deputy) described the Intensive Mental Health Unit (IMHU) at the main state prison as a 30-bed unit that is 'full' at times, and cautioned that immediate timelines could leave some people without a medically appropriate placement. Sheriff Troy Morton urged a stronger system response and described the county-level fiscal and operational strain of long guarded hospital stays. "The bill on that to the county property taxpayer was $27,000 just to guard the person," he said.
DHHS officials opposed mandatory timelines that remove medical director discretion, noting risks to hospital safety, federal certification and the appropriateness of inpatient admission for the people in question. Lawmakers expressed interest in using a legislative study commission (the amendment includes a 16-member body with a report due Dec. 2, 2026) to identify gaps and recommended additional departmental briefings before they would accept enforceable timelines.
Representative Michelle Meyer moved to table the amended language pending further information from the department; the motion was seconded and carried. The committee asked DHHS, DOC and other stakeholders to continue joint work and to return with data on capacity, referral and communication processes.
