HB4438 100TH GENERAL ASSEMBLY

LRB100 16211 RLC 31334 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4438

Introduced , by Rep. Linda Chapa LaVia

SYNOPSIS AS INTRODUCED:

730 ILCS 5/3-8-5	from Ch. 38, par. 1003-8-5
730 ILCS 5/3-8-6	from Ch. 38, par. 1003-8-6

Amends the Unified Code of Corrections. Provides that the Director of Corrections may transfer persons committed to the Department other than addicts, alcoholics, or intoxicated persons who may be subject to involuntary admission or who meets the standards of judicial admission to any psychiatric unit of any public or private hospital for observation, diagnosis, and treatment, subject to the approval of the hospital, for a period of not more than 6 months, if the person consents in writing to the transfer. Establishes procedures in which the Director of Corrections may petition the circuit court requesting transfer to the hospital if the person objects or does not consent to his or her transfer. Provides that no person may be transferred under this provision unless the Department of Corrections determines in writing that the psychiatric unit to which the person will be transferred can provide a safe and secure environment for that person. Provides that the public or private hospital shall return to the Department of Corrections any person committed to it under this provision, whose sentence has not expired and whom the hospital deems no longer subject to involuntary admission, or no longer meets the standard for judicial admission. Provides that the Department of Corrections shall notify the director of any hospital of the expiration of the sentence of any person transferred to that hospital under this provision.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Unified Code of Corrections is amended by changing Sections 3-8-5 and 3-8-6 as follows:

(730 ILCS 5/3-8-5) (from Ch. 38, par. 1003-8-5)

Sec. 3-8-5. Transfer to Department of Human Services or other hospital.

(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 addict, alcoholic or intoxicated person as defined in the Alcoholism and Other Drug Abuse and Dependency 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 addicts, alcoholics or intoxicated persons:

(1) to the Department of Human Services for observation, diagnosis and treatment, subject to the approval of the Secretary Director of the Department of Human Services, for a period of not more than 6 months, if the person consents in writing to the transfer; or .

(2) to any psychiatric unit of any public or private hospital for observation, diagnosis, and treatment, subject to the approval of the hospital, for a period of not more than 6 months, if the person consents in writing to the transfer. No person may be transferred under this paragraph unless the Department determines in writing that the psychiatric unit to which the person will be transferred can provide a safe and secure environment for that person. 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 or other hospital 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 or other hospital. A certificate of a psychiatrist, clinical psychologist or, if admission to a developmental disability facility is sought, of a physician that the person is in need of commitment to the Department of Human Services or other hospital 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 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 the that Department of Human Services or other hospital.

(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 or to any psychiatric unit of any public or private hospital under paragraph (a) of this Section does not discharge the person from the control of the Department of Corrections.

(Source: P.A. 88-670, eff. 12-2-94; 89-507, eff. 7-1-97.)

(730 ILCS 5/3-8-6) (from Ch. 38, par. 1003-8-6)

Sec. 3-8-6. Return and Release from Department of Human Services or other hospital.

(a) The Department of Human Services or any other public or private hospital shall return to the Department of Corrections any person committed to it under Section 3-8-5, whose sentence has not expired and whom the Department of Human Services or the hospital deems no longer subject to involuntary admission, or no longer meets the standard for judicial admission.

(b) If a person returned to the Department of Corrections under paragraph (a) of this Section is eligible for parole and has not had a parole hearing within the preceding 6 months, he shall have a parole hearing within 45 days after his return.

(c) 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 Section 3-8-5. The Department of Corrections shall notify the director of any hospital of the expiration of the sentence of any person transferred to that hospital under Section 3-8-5. If the Department of Human Services or any hospital determines that a person transferred to it under paragraph (a) of Section 3-8-5 requires further hospitalization, it shall file a petition for the involuntary or judicial admission of such person under the Mental Health and Developmental Disabilities Code.

(d) The Department of Human Services or any other public or private hospital shall release under the Mental Health and Developmental Disabilities Code, any person transferred to it under paragraph (c) of Section 3-8-5, whose sentence and parole term have expired and whom the Department of Human Services or the hospital deems no longer subject to involuntary admission, or no longer meets the standard for judicial admission.

(Source: P.A. 89-507, eff. 7-1-97.)