Taken In For An Evaluation
Idaho Code § 66-326 — a court within twenty-four hours, an examiner within twenty-four more, and a hearing within five days
A peace officer may take a person into custody, or a hospital physician or other listed provider may hold a person who came in for care, on reason to believe the person is gravely disabled by mental illness or that their liberty poses an imminent danger to themselves or others, shown by a threat of substantial physical harm.
Twenty-four hours to a court. The evidence for the hold goes to a court within twenty-four hours of the time the person was taken into custody or detained. A person held this way is never put in a jail or other unit for criminal detention.
If the court finds the grounds, it orders temporary custody and an examination by a designated examiner within twenty-four hours, who reports within twenty-four hours of the examination. If the examiner finds the grounds, the prosecutor files within twenty-four hours for detention pending commitment, and the hearing is held within five days, counting weekends and holidays.
If no petition is filed in time, the hold ends. Longer commitment runs under the next sections. A particular case is a question for a licensed Idaho attorney.
Sources for this section (1)
- Idaho Code § 66-326 — Detention without hearing
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Idaho attorney.