# Idaho Code § 66-320: 66-320 RIGHT TO RELEASE ON APPLICATION — EXCEPTIONS

> Idaho · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_ID_T66_C3_S66-320

## Section

- **Citation:** Idaho Code § 66-320
- **Heading:** 66-320 RIGHT TO RELEASE ON APPLICATION — EXCEPTIONS
- **Jurisdiction:** Idaho
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Idaho Code / Title 66 / Chapter 3 / Section 66-320

## Text

66-320. Right to release on application — Exceptions. (1) A voluntary patient admitted in accordance with the procedure outlined in section 66-318, Idaho Code, who requests his release or whose release is requested, in writing, by his spouse or adult next of kin shall be released except that:

(a) If the patient was admitted on his own application and the request for release is made by a person other than the patient, release may be conditioned upon the agreement of the patient thereto;

(b) Any patient under eighteen (18) years of age must be released with the consent of the patient's parent or guardian; or

(c) If the director of the facility determines that the patient should be hospitalized under the provisions of this chapter, the patient may be detained up to three (3) days, excluding Saturdays, Sundays and legal holidays, for the purpose of examination by a designated examiner and the filing of an application for continued care and treatment.

(2) Notwithstanding any other provision of this chapter, judicial proceedings authorized by this chapter shall not be commenced with respect to a voluntary patient unless release of the patient has been requested by himself or the individual who applied for his admission.

(3) The date and time of any request for release under this section shall be entered in the patient's clinical record. If the request for release is denied, the reasons for denial also shall be entered in the patient's clinical record.

(4) A patient admitted for examination pursuant to section 18-211, Idaho Code, may not be released except for purposes of transportation back to the court ordering, or party authorizing, the examination.

History:

[66-320, added 1951, ch. 290, sec. 4, p. 622; am. 1973, ch. 173, sec. 4, p. 363; am. 1981, ch. 114, sec. 12, p. 177; am. 1986, ch. 84, sec. 2, p. 245; am. 2004, ch. 23, sec. 11, p. 31; am. 2022, ch. 93, sec. 4, p. 265; am. 2026, ch. 245, sec. 8, p. 1044.]

## Nearby sections

- [Idaho Code § 66-317 66-317 DEFINITIONS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T66_C3_S66-317.md)
- [Idaho Code § 66-318 66-318 AUTHORITY TO ADMIT VOLUNTARY PATIENTS — DENIAL OF ADMISSION.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T66_C3_S66-318.md)
- [Idaho Code § 66-319 66-319 RELEASE OF VOLUNTARY INPATIENTS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T66_C3_S66-319.md)
- [Idaho Code § 66-320 66-320 RIGHT TO RELEASE ON APPLICATION — EXCEPTIONS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T66_C3_S66-320.md)
- [Idaho Code § 66-322 66-322 APPOINTMENT OF GUARDIAN FOR INDIVIDUALS LACKING CAPACITY TO MAKE INFORMED DECISIONS ABOUT TREATMENT — JUDICIAL PROCEDURE.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T66_C3_S66-322.md)
- [Idaho Code § 66-323 66-323 DESIGNATED EXAMINER QUALIFICATIONS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T66_C3_S66-323.md)
- [Idaho Code § 66-323A 66-323A DESIGNATED EXAMINER AND DISPOSITIONER — APPOINTMENT.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T66_C3_S66-323A.md)
- [Idaho Code § 66-324 66-324 AUTHORITY TO RECEIVE INVOLUNTARY PATIENTS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T66_C3_S66-324.md)
- [Idaho Code § 66-325 66-325 RESIDENCE NOT AFFECTED BY PLACE OF TREATMENT.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T66_C3_S66-325.md)
- [Idaho Code § 66-326 66-326 DETENTION WITHOUT HEARING.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T66_C3_S66-326.md)
- [Idaho Code § 66-327 66-327 RESPONSIBILITY FOR COSTS OF COMMITMENT AND CARE OF PATIENTS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T66_C3_S66-327.md)
- [Idaho Code § 66-328 66-328 JURISDICTION OF PROCEEDINGS FOR COMMITMENT.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T66_C3_S66-328.md)
- [Idaho Code § 66-329 66-329 COMMITMENT TO DEPARTMENT DIRECTOR UPON COURT ORDER — JUDICIAL PROCEDURE.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T66_C3_S66-329.md)
- [Idaho Code § 66-330 66-330 TRANSPORTATION — TEMPORARY DETENTION — NOTICE.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T66_C3_S66-330.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_ID_T66_C3_S66-320. Check the current official text before relying on it. Not legal advice.