66-1406. RIGHTS OF PERSONS. (1) All persons shall be accorded those civil rights provided by chapter 4, title 66, Idaho Code, except as otherwise provided in this section.
(2) Access to attorney and advocacy. Every person in the facility shall at all times have the right to visit and be visited by or to communicate by sealed mail, telephone, or otherwise with the person’s attorney, an employee at the attorney’s firm or a representative of the state protection and advocacy system. Each person shall have reasonable access to letter-writing material and postage for this purpose.
(3) Court order. The department may limit civil rights if and as provided in a court order.
(4) Limitations on communication, visitation and property in the facility. Except as provided in subsection (2) of this section, the department may limit a person’s rights to communicate with individuals inside or outside the facility or to receive visitors or associate freely with individuals, and to keep and use the person’s own personal possessions, only if the following occurs:
(a) The decision to limit such person’s rights is a clinical decision made as part of the person’s individual treatment plan developed in accordance with chapter 4, title 66, Idaho Code;
(b) A statement explaining the reasons for such limitations shall immediately be entered in the person’s treatment record;
(c) Copies of such statement shall be sent to the person’s attorney, guardian, and the person’s spouse, adult next of kin, or friend, if any; and
(d) The person may appeal the treatment decisions that limit the person’s rights under this section to the department’s human rights committee within thirty (30) days.
(5) The use of mechanical restraints during the transportation to or from any facility must be in compliance with section 66-345, Idaho Code.
History:
[66-1406, added 2017, ch. 240, sec. 1, p. 595.]