730 ILCS 5/5-2-6
2021 Illinois Compiled Statutes|Chapter 730 - CORRECTIONS|730 ILCS 5/ - Unified Code of Corrections.|Chapter V - Sentencing

 (from Ch. 38, par. 1005-2-6)Sec. 5-2-6. Sentencing and treatment of defendant found guilty but mentally  ill.(a) After a plea or verdict of guilty but mentally ill under Section   115-2, 115-3, or 115-4 of the Code of Criminal Procedure of 1963, the court  shall order a presentence investigation and report pursuant to Sections  5-3-1 and 5-3-2 of this Act, and shall set a date for a sentencing hearing.  The court may impose any sentence upon the defendant which could  be imposed pursuant to law upon a defendant who had been convicted of the  same offense without a finding of mental illness.(b) If the court imposes a sentence of imprisonment upon a defendant who  has been found guilty but mentally ill, the defendant shall be committed  to the Department of Corrections, which shall cause periodic inquiry and  examination to be made concerning the nature, extent, continuance, and  treatment of the defendant's mental illness.  The Department of Corrections  shall  provide such psychiatric, psychological, or other counseling and  treatment for the defendant as it determines necessary.(c) The Department of Corrections may transfer the defendant's custody  to the Department of Human Services in accordance with the provisions of Section 3-8-5 of this Act.(d) (1) The Department of Human Services shall return to the Department of Corrections any  person committed to it  pursuant to this Section whose sentence has not expired and whom the Department  of Human Services deems no  longer requires  hospitalization for mental treatment, an intellectual disability, or a substance use disorder as defined in Section 1-10 of the Substance Use Disorder Act.(2) The Department of Corrections shall notify the Secretary of Human  Services of the expiration of the sentence  of any person transferred to the Department of Human Services under this Section.  If the Department  of Human Services  determines that any such person  requires further hospitalization, it shall file an appropriate petition for  involuntary commitment pursuant to the Mental Health and Developmental  Disabilities Code.(e) (1) All persons found guilty but mentally ill, whether by plea or  by verdict, who are placed on probation or sentenced to a term of periodic  imprisonment or a period of conditional discharge shall be required to submit  to a course of mental treatment prescribed by the sentencing court.(2) The course of treatment prescribed by the court shall reasonably assure  the defendant's satisfactory progress in treatment or habilitation and for  the safety of the defendant and others.  The court shall consider terms,  conditions and supervision which may include, but need not be limited to,  notification and discharge of the person to the custody of his family,  community adjustment programs, periodic checks with legal authorities and  outpatient  care and utilization of local mental health or developmental disabilities  facilities.(3) Failure to continue treatment, except by agreement with the treating  person or agency and the court, shall be a basis for the institution of  probation revocation proceedings.(4) The period of probation shall be in accordance with Article 4.5 of Chapter V of this Code   and shall not be shortened without receipt and consideration of  such psychiatric or psychological report or  reports as the court may require.  (Source: P.A. 100-759, eff. 1-1-19; 101-81, eff. 7-12-19.)