Bill Description: This legislation gives the Department of Health and Welfare legal authority to build a public secure treatment facility.
Analyst’s Note: This legislation which introduces a new Chapter 14 to Title 66 of the Idaho Code. To understand the significance of this addition, one must first consider Chapter 13 of Title 66, added in 1976. This chapter states, “The state board of correction shall establish, operate and maintain a program for persons displaying evidence of mental illness or psychosocial disorders and requiring diagnostic services and treatment in a maximum security setting.” This is substantially similar, but not identical to, the purpose of this bill: “The department of health and welfare shall have the power to establish, operate and maintain a secure treatment facility for persons with an intellectual or developmental disability who pose a substantial threat to the safety of others.” The Legislature should have a policy discussion about the application of the current law relative to the proposed new law. Such a discussion ought to identify areas of similar and dissimilar objectives in dealing with this population of Idahoans and decide which agency is best suited to carrying out the new law.
Does it create, expand, or enlarge any agency, board, program, function, or activity of government? Conversely, does it eliminate or curtail the size or scope of government?
H0044 calls for an entirely new function of the Department of Health and Welfare. Constructing and managing a secure treatment facility would increase the scope of the department’s authority. The proposed Section 66-1402 (1), Idaho Code, states: “The provisions of this chapter shall be liberally construed to accomplish these purposes.” This clause serves to give expansive authority to expand the functions of such a facility. (-1)