The LWVID has long held a position in support of changing the over-criminalization of people with mental illness in Idaho. Representative Lauren Necochea has introduced HB 458 that creates a mental health exemption to Idaho’s healthcare worker assault statue I.C. 18-916C. The bill was introduced last Friday and is now scheduled for a tentative public hearing on Monday, 02/17 at 1:30 pm in the House Judiciary Committee (from ACLU Idaho).

The LWVID is providing testimony by email to the Secretary and all House Judiciary Committee members. The testimony is attached to this email.

This email is being sent to all LWVID local League leaders, MALS, and Advocacy Chairs. Please forward to your membership as you see fit.

Action: This is an URGENT ACTION. Comments/emails must be addressed to “Dear House Judiciary and Rules Committee,” and received no later than 1:30 Monday, February 17, 2020.

The email addresses are below: 

BEhardt [at] house.idaho.gov; BGoesling [at] house.idaho.gov; BZollinger [at] house.idaho.gov; cntroy [at] house.idaho.gov; CZito [at] house.idaho.gov; DRicks [at] house.idaho.gov; GMarshall [at] house.idaho.gov; GChaney [at] house.idaho.gov; HScott [at] house.idaho.gov; JMonks [at] house.idaho.gov; JGannon [at] house.idaho.gov; JMcCrostie [at] house.idaho.gov; JYoung [at] house.idaho.gov; LHartgen [at] house.idaho.gov; MWintrow [at] house.idaho.gov; MDavis [at] house.idaho.gov; PAmador [at] house.idaho.gov; RKerby [at] house.idaho.gov

If you are able to attend: The hearing will be in the House Judiciary and Rules Committee on Monday at 1:30 in EW42. Note that it is the last item on the agenda and I expect it will be a long meeting.

Suggested Script: I am (name, zipcode). I am calling to support HB 458, a Mental Health Exemption to Assault of Healthcare Workers. (Review the following talking points, select one or more that are meaningful to you to give as reasons to support the bill).

Talking Points: Some have been adapted from IASMIE

• Mental illness is a medical impairment, and not the result of a choice.
• Significant or severe mental illness is a specific and narrow category of disorders and symptoms that makes it very difficult for those individuals to understand the world around them, to regulate their emotions, and to control their behavior-especially in highly stressful situations.
• Our criminal justice system is poorly situated to provide comprehensive healthcare to individuals with a mental health diagnosis. The current justice system consistently fails individuals with mental illness – lack of preventative community treatment options, restrictions to accessing mental health court, limits on mental health treatment in jail or prison – we know that many mental illnesses go untreated.
• Extensive research has shown that mental illness is often misunderstood and erroneously considered an aggravating factor by the legal system when it is actually intended to be a mitigating factor that reduces the charges and/or sentence.
• Money saved by enacting HB 458 can be reinvested in community mental health programs. We should be investing in treatment programs to try to prevent these crimes from happening in the first place.
• The exemption would allow cost-savings to go to diversionary treatment options, financial support of Idaho’s many mental health crisis centers, expand the mental health court system to include violent offenders or investing in improved mental health programs for prisoners in the state’s jails and/or prisons. 

References:

·        Passage of law in 2014: https://www.krem.com/article/news/idaho-law-increases-penalty-for-assault-on-doctors-nurses/293-166266474

·        Story of Amy Johnson, charged with two felonies: https://www.idahostatesman.com/news/politics-government/state-politics/article195828984.html

·        What happened in 2018 to initial bill attempt to enact MH exemption: https://www.idahostatesman.com/news/politics-government/state-politics/article204297314.html