SANDPOINT - Murder suspect Keith Allen Brown is "dangerously mentally ill" and should be held in a secure state prison facility, according to the Idaho Department of Health & Welfare.

District Judge Fred Gibler approved an order Wednesday which seeks to transfer Brown's custody to the Idaho Department of Correction for placement in a secure mental health facility.

Under state law, a person can be determined to be dangerous and mentally ill if they present a substantial risk of physical harm to others as manifested by evidence of homicidal or other violent behavior, or if they're dangerous to such a degree that secure confinement is warranted.

Brown would be examined by an IDOC staff psychologist, who would then make a recommendation to department Director Brent Reinke.

"I don't know if he will actually come to IDOC. He will have to be accepted first," said IDOC spokeswoman.

If accepted, Brown would likely be held at the Idaho State Maximum Security Institution in Kuna. The department's stand-alone secure mental health facility is still in the planning stage, Jones said.

Last month, Gibler committed Brown to the custody of Health & Welfare after finding that he was unfit to proceed in his criminal case because he is incapable of assisting in his own defense or making informed decisions about his mental health treatment.

Counsel for Health & Welfare moved to amend the commitment order this week, finding that Brown fit the definition of being dangerously mentally ill, court records indicate.

The commitment orders suspended the criminal proceedings against Brown. He will be hospitalized for up to 90 days and possibly another six months after that if his fitness is not restored or can't be restored within the foreseeable future.

Brown, 47, and his wife, Tyrah, are charged with first-degree murder and grand theft by possession of stolen property in connect with the Jan. 23, 2007, slaying of Leslie Carlton Breaw.

Breaw, 48, was shot in the face with a .22-caliber rifle and his remains were discovered within walking distance of his Coolin home the following March. The Browns were apprehended in Fort Myers Beach, Fla., shortly after Breaw's remains were discovered.

The Browns are accused of forging a $56,000 escrow check in Breaw's name before fleeing Idaho.

Keith Brown alleges Breaw opened fire on him during a confrontation involving allegations that Breaw had sexually assaulted Tyrah Brown. Keith Brown maintains Breaw was shot accidentally in a struggle over the rifle.

Tyrah Brown, 25, is being held at the Kootenai County Jail and is awaiting trial, but is also reportedly contemplating a plea agreement to resolve her case.