Competent To Stand Trial
Idaho Code § 18-210 and Idaho Code § 18-212 — no trial while a person cannot understand or assist, and ninety days of treatment
No trial while it lasts. No one who, because of mental disease or defect, lacks capacity to understand the proceedings or to assist in their own defense may be tried, convicted, sentenced or punished for as long as that incapacity lasts.
When fitness to proceed is questioned, the court decides it, on the examiner's report if neither side contests it, or after a hearing where the side contesting it may cross-examine the examiner.
Ninety days. If the defendant lacks fitness, the proceeding is suspended and the defendant is committed to the health and welfare department for care and treatment for a period not exceeding ninety days.
The section is printed with a new version from January 1, 2027. A particular case is a question for a licensed Idaho attorney.
Sources for this section (2)
- Idaho Code § 18-210 — Lack of capacity to understand proceedings, delay of trial
- Idaho Code § 18-212 — Determination of fitness of defendant to proceed
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Idaho attorney.