(1) To be admitted to the facility, a person must: Have a primary diagnosis of developmental disability, as determined by the department, and a diagnosis of serious mental illness;
(2) Be an adult;
(3) Meet one (1) of the following grounds: The person is charged with a crime and is committed to the department to undergo evaluation or treatment for competency to stand trial in conformance with chapter 2, title 18, Idaho Code; or
(4) The person is civilly committed to the custody of the department in conformance with chapter 4, title 66, Idaho Code; and
(5) Be found, by a court, to present a substantial threat to the safety of others if not evaluated or treated in a secure facility.
(6) If the court finds that the person meets the criteria for admission, the court shall, as part of the commitment to the department, order that the person is appropriate to be admitted to the facility.