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Representative Mitchell seeks 180-day placement window for defendants with neurocognitive disabilities

House Judiciary and Rules Committee · February 9, 2026
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Summary

Representative Brandon Mitchell introduced RS 33067 to allow up to 180 days for county authorities to find stable placements for people with neurocognitive disabilities who are arrested, after prosecutors said short renewal periods can lead to repeated releases and reoffending.

Representative Brandon Mitchell asked the Idaho House Judiciary and Rules Committee to introduce RS 33067, a rules stopgap that would change short renewal periods for individuals with neurocognitive disabilities and give prosecutors up to 180 days to locate stable placements.

"What this does... it changes that and gives them 180 days to find a more, solid placement," Mitchell said, describing cases in rural counties where short seven-day renewals forced police to release people without placement and those individuals returned to the street and reoffended. He told the committee he had run the proposal by county prosecutors and that "all the prosecutors are in favor of it as far as I know." Mitchell also noted a prosecutor suggested tightening the bill's language about "repeated law enforcement contact" so it clearly requires frequent, not occasional, contacts.

Committee members asked whether a prosecutor would be available at a bill hearing; Mitchell named Travis Hastrum as a likely witness, possibly remote. Representative Hill moved to introduce the RS and the committee approved the introduction unanimously.

The introduction does not itself change statute; it makes the proposal eligible for a bill hearing where prosecutors and other stakeholders can provide detail and testimony on implementation, costs, and oversight. The committee did not take a final vote on statutory text in this session.