TWIN FALLS, Idaho (AP) - The Idaho Supreme Court says prosecutors do not have an absolute right to veto a judge’s desire to sentence a person to a mental health court program.
The Twin Falls Times-News reports (https://bit.ly/1mgQTot ) that the case was part of an appeal by a Twin Falls woman who pleaded guilty to a drug charge in 2005.
The woman has a history of mental health problems, and after she had violated probation several times, prosecutors sought to revoke her probation.
District Judge Richard Bevan ruled that he didn’t have authority to place the woman into the Mental Health Court program because he said the prosecutor’s office has an “absolute veto” over eligibility for that court.
But the Supreme Court ruled on Friday that the post-judgment veto power rests with the courts.
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Information from: The Times-News, https://www.magicvalley.com
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