Insane convicts. 54. In every case where a convict is sentenced to the peni$4666 d. tentiary of this state, and becomes insane, whether in the hands of a lessee or otherwise, on the fact being established to the satisfaction of the governor, he shall direct said convict to be removed to the lunatic asylum, there to be supported and receive medical assistance, as other pauper patients do, at the expense of the state. § 4695. Oath of inquest of insanity. 55. On the trial of the question of insanity, arising after the person shall have been condemned to die, provided for by section 4666 of this code, the following oath shall be administered to the jury, to wit: "You, and each of you, do solemnly swear (or affirm) that you will well and truly try this issue of insanity between the state and A. B., now condemned to die, and a true verdict give according to evidence. So help you God." § 4673. Insane persons accused of crime. 56. No lunatic, or person afflicted with insanity, shall be tried, or put upon his trial, for any offense, during the time he is afflicted with such lunacy or insanity, which shall be tried in the manner herein before pointed out, where the plea of insanity at the time of offense is filed, and, on being found true, the prisoner shall be disposed of in like manner. § 1369. Insane convicts, how 57. If a penitentiary convict becomes afflicted so as the affliction would entitle another person to a place in said asylum, he shall be received therein if accomadmitted. panied by the certificate of the physician to the penitentiary and the principal keeper thereof of said fact. The certificate shall also show the name of the convict, the offense for which sentenced, the county from whence sentenced, and his term of service, which shall be filed away. supported. 58. If said convict has the necessary means, he shall pay $1370. How for his support as long as he remains at the asylum. 59. If such convict shall recover before his term of service has expired, the fact shall at once be certified by the superintendent to the principal keeper of the penitentiary, who shall forthwith have said convict taken back into the penitentiary. § 1371. Cured convicts, how disposed of. 60. When a person has been acquitted of a capital crime on the ground of insanity, and such person is committed to the asylum, he shall not be discharged thence § 1374. dealt with. except by special act of the legislature. If the crime is not capital, he shall be discharged by warrant or order from the governor. If sentence is suspended on the ground of insanity, upon restoration to sanity the superintendent shall certify the fact to the presiding judge of the court where he was convicted. IDAHO. EXAMINATION AND SUPPORT OF INSANE. 1. Commissioners, appointment of, power to contract for keeping insane. 2. Contract, copies of to be distributed. 5. Commitment to asylum, certificate 6. Records of asylums submitted to controller. Act of 1881, p. 300, § 1. Commissioners. Contract. 7. Support of insane, by whom paid. CRIMINAL INSANE. 8. Non-accountability to law. 9. Jury trial of insanity. 10. Suspension of criminal proceedings. 11. Order of inquiry. 12. Judge's charge. 13. If sane, resumption of trial. 14. If insane, suspension of trial; com- 15. Exoneration of bail, if insane. 1. The governor of Idaho territory and John Hailey, the president of the council thereof, are hereby appointed commissioners of Idaho territory, to contract on behalf of said territory, with the proper authorities of the state of California, or Oregon, or both, or with the proprietor or proprietors of any insane asylum in either or both of said states, for the keeping, treatment, and maintenance of the indigent insane of Idaho territory, if in the judgment of said commissioners, such contracts can be made upon reasonable terms, and in such manner as to secure the skilful treatment of such persons. 2. After such contract or contracts have been made and entered into, copies of the same shall by said commissioners be distributed to the boards of county commissioners, and the auditors and recorders of the Ibid § 2. of copies of several counties of this territory. Ibid § 3. of alleged insane. 3. Whenever such contract or contracts shall have been made as aforesaid, any person who is alleged to be Examination indigent and insane, and a resident of the county where the complaint is made, shall be brought before any court of record of said county, or a judge thereof, and examined, and if the evidence produced at the examina insane not to asylum at expense of county. tion shows that the person examined is a resident of said county, and is indigent and insane, and should for Care of the security of the public or for the good of such dangerous. insane person, be kept in custody, the said court or judge shall make an order to that effect, and the person so declared to be insane, as aforesaid, shall be conveyed to the proper Conveyance asylum which shall be designated in such order, at the expense of the county of which he or she is a resident, but the expense and all charges for the care, treatment, and maintenance of such insane person at such asylum, as well as the expenses incident to a discharge therefrom, or death, shall be chargeable to and paid by the territory; provided, that if it shall appear from such examination before such court or judge that such person is indigent and insane, but that such insanity is of a character that the public safety or the good of such person does not require him or her to be confined, such court or judge shall so certify, and such person shall be cared for as is now provided by law for the care of the indigent, sick, idiotic, and insane persons in the several counties of this territory. Ibid § 4. of insane to be examination 4. All examinations of persons alleged to be insane shall be public, and the court or judge before whom the examination shall be held, shall not order, adjudge or decree the person examined to be insane, unless at least one physician, a graduate in medicine, testifies Testimony of on the examination that he believes the person so physicians. examined is insane, and whether, in his opinion, it would endanger the public safety to permit such person to run at large. If it appears at such examination that the person so Transfer o examined is insane, but not a resident of the county to proper in which the examination is held, and is a resident county. of another county in this territory, the court or judge shall by order direct that the person so examined and all the papers relating to the case, be turned over and delivered to the proper court, or judge of the county of which the person so examined is a resident, which court or judge shall examine the case anew. For the purpose of such examinations, or of any examination of a person alleged to be insane, under the provisions of this act, any court or judge having jurisdiction, is authorized to issue subpoenas, warrants of arrest, Powers of the court. or any other process necessary for the exercise of the jurisdiction conferred by this act, and have them duly served by the sheriff or other proper officer. Ibid § 5. to asylum and in charge. 5. The several boards of county commissioners of this territory shall provide for the transportation of any pertion of insane son found to be insane, and ordered to be placed in duty of person an asylum as aforesaid, from their respective counties to the proper asylum, and the person or persons in charge of such asylum shall in every instance execute a certificate in duplicate, certifying at what time and from what person any such insane person was received at such asylum. One copy of which certificate shall be filed with the clerk of the board of county commissioners of the proper county and the other copy with the territorial controller. Ibid § 6. Duty of mana 6. It shall be the duty of the owner, proprietor, or managing agent of any asylum, with whom such contract as ger of asylum. aforesaid, be made, to render to the territorial controller, a verified account, at least, once every three months, for the keeping of any insane person, together with a statement showing the condition of any such insane person or persons under treatment at such asylum, and if any such insane person die, escape, or be discharged from such asylum, to immediately report the fact, and date of every such death, escape, or discharge to the said controller. Ibid § 7. territory for 7. All claims against the territory for the maintenance and care of the indigent insane in any such asylum shall Claims against be presented to the territorial controller, who shall care of insane. credit the same, and if the account is correct and due, he shall draw a warrant for the amount payable out of the territorial treasury out of any moneys not otherwise appropriated, and the territorial treasurer shall pay the same in its regular order. 74-75, Crim. 8. An act done by a person in a state of insanity cannot be Rev. Laws of punished as a public offense; nor can a person be tried, adjudged to punishment, or punished for a public offense while he is insane. Prac$ 566 Insanity ex cuses crime. 9. When an indictment is called for trial, or upon conviction, the defendant is brought up for judgment, if a doubt shall arise as to the sanity of the defendant, the court shall order the question to be submitted to Ibid § 567. Inquiry into defendant's sanity. |