730 ILCS 5/3-8-5
2021 Illinois Compiled Statutes|Chapter 730 - CORRECTIONS|730 ILCS 5/ - Unified Code of Corrections.|Chapter III - Department Of Corrections

 (from Ch. 38, par. 1003-8-5)Sec. 3-8-5. Transfer to Department of Human Services.(a) The Department shall cause inquiry and examination at  periodic intervals to ascertain whether any person committed to it may be  subject to involuntary admission, as defined in Section 1-119 of the Mental  Health and Developmental Disabilities Code, or meets the standard for judicial  admission as defined in Section 4-500 of the  Mental Health and Developmental  Disabilities Code, or is an intoxicated person or a person with a substance use disorder as defined in the Substance Use Disorder Act. The Department may provide special psychiatric or psychological  or other counseling or treatment to such persons in a separate institution  within the Department, or the Director of the Department of Corrections  may transfer such persons other than intoxicated  persons or persons with substance use disorders to the Department of Human Services for observation, diagnosis and treatment, subject  to the approval  of the Secretary of the Department of Human Services, for a period of not more than 6 months, if the person  consents in writing to the transfer. The person shall be advised of his  right not to consent, and if he does not consent, such transfer may be  effected only by commitment under paragraphs (c) and (d) of this Section.(b) The person's spouse, guardian, or nearest relative and his attorney  of record shall be advised of their right to object, and if objection is  made, such transfer may be effected only by commitment under paragraph (c)  of this Section. Notices of such transfer shall be mailed to such person's  spouse, guardian, or nearest relative and to the attorney of record marked  for delivery to addressee only at his last known address by certified mail  with return receipt requested together with written notification of the  manner and time within which he may object thereto.(c) If a committed person does not consent to his transfer to the Department  of Human Services or if a  person objects under  paragraph (b) of this Section, or if the Department of Human Services determines that a transferred  person requires  commitment to the Department of Human Services  for more than 6 months, or if the person's sentence will expire within 6  months, the Director of the Department of Corrections shall file a petition  in the circuit court of the county in which the correctional institution  or facility is located requesting the transfer of such person to the  Department of Human Services.  A certificate  of a psychiatrist, a clinical psychologist, or, if  admission to a developmental disability facility is sought, a  physician that the person is in need of commitment to the  Department of Human Services for treatment  or habilitation shall be attached to the petition.  Copies of the  petition shall be furnished to the named person and to the state's  attorneys of the county in which the correctional institution or facility  is located and the county in which the named person was committed to the  Department of Corrections.(d) The court shall set a date for a hearing on the petition within the  time limit set forth in the Mental Health and Developmental Disabilities  Code.  The hearing shall be conducted in the manner prescribed by the Mental  Health and Developmental Disabilities Code. If the person is found to be  in need of commitment to the Department of Human Services for treatment or habilitation, the  court may commit him to  that Department.(e) Nothing in this Section shall limit the right of the Director or the  chief administrative officer of any institution or facility to utilize the  emergency admission provisions of the Mental Health and Developmental  Disabilities Code with respect to any person in his custody or care. The  transfer of a person to an institution or facility of the Department of Human  Services under paragraph (a)  of this Section does not discharge the person from the control of the  Department.  (Source: P.A. 102-558, eff. 8-20-21.)