Full Text of SB1384 99th General Assembly
SB1384 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB1384 Introduced 2/20/2015, by Sen. Julie A. Morrison 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 |
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Amends the Unified Code of Corrections. Provides that the Director of Corrections
may transfer a person whom the Department of Corrections believes is subject to involuntary admission or meets the standard for judicial admission under the Mental
Health and Developmental Disabilities Code, other than an addict, alcoholic, or intoxicated
person, to any secure psychiatric unit of any hospital operated by the University of Illinois 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. Effective immediately.
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| | A BILL FOR |
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| | | SB1384 | | LRB099 03958 RLC 23975 b |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing Sections 3-8-5 and 3-8-6 as follows:
| 6 | | (730 ILCS 5/3-8-5) (from Ch. 38, par. 1003-8-5)
| 7 | | Sec. 3-8-5. Transfer to Department of Human Services or | 8 | | other hospital .
| 9 | | (a) The Department shall cause inquiry and examination at
| 10 | | periodic intervals to ascertain whether any person committed to | 11 | | it may be
subject to involuntary admission, as defined in | 12 | | Section 1-119 of the Mental
Health and Developmental | 13 | | Disabilities Code, or meets the standard for judicial
admission | 14 | | as defined in Section 4-500 of the Mental Health and | 15 | | Developmental
Disabilities Code, or is an addict, alcoholic or | 16 | | intoxicated person as
defined in the Alcoholism and Other Drug | 17 | | Abuse and Dependency
Act. The Department may provide special | 18 | | psychiatric or psychological
or other counseling or treatment | 19 | | to such persons in a separate institution
within the | 20 | | Department, or the Director of the Department of Corrections
| 21 | | may transfer such persons other than addicts, alcoholics or | 22 | | intoxicated
persons to : | 23 | | (1) the Department of Human Services for observation, |
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| 1 | | diagnosis , and treatment, subject
to the approval
of the | 2 | | Director of the Department of Human Services, for a period | 3 | | of not more than 6 months, if the person
consents in | 4 | | writing to the transfer ; or | 5 | | (2) any secure psychiatric unit of any hospital | 6 | | operated by the University of Illinois for observation, | 7 | | diagnosis, and treatment, subject to the approval of the | 8 | | hospital, for a period of not more than 6 months, if the | 9 | | person consents in writing to the transfer . | 10 | | The person shall be advised of his
right not to consent, | 11 | | and if he does not consent, such transfer may be
effected only | 12 | | by commitment under paragraphs (c) and (d) of this Section.
| 13 | | (b) The person's spouse, guardian or nearest relative and | 14 | | his attorney
of record shall be advised of their right to | 15 | | object, and if objection is
made, such transfer may be effected | 16 | | only by commitment under paragraph (c)
of this Section. Notices | 17 | | of such transfer shall be mailed to such person's
spouse, | 18 | | guardian or nearest relative and to the attorney of record | 19 | | marked
for delivery to addressee only at his last known address | 20 | | by certified mail
with return receipt requested together with | 21 | | written notification of the
manner and time within which he may | 22 | | object thereto.
| 23 | | (c) If a committed person does not consent to his transfer | 24 | | to the Department
of Human Services or to any secure | 25 | | psychiatric unit of any hospital operated by the University of | 26 | | Illinois or if a
person objects under
paragraph (b) of this |
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| 1 | | Section, or if the Department of Human Services determines that | 2 | | a transferred
person requires
commitment to the Department of | 3 | | Human Services
or to any secure psychiatric unit of any | 4 | | hospital operated by the University of Illinois for more than 6 | 5 | | months, or if the person's sentence will expire within 6
| 6 | | months, the Director of the Department of Corrections shall | 7 | | file a petition
in the circuit court of the county in which the | 8 | | correctional institution
or facility is located requesting the | 9 | | transfer of such person to the
Department of Human Services or | 10 | | to a secure psychiatric unit of a hospital operated by the | 11 | | University of Illinois . A certificate
of a psychiatrist, | 12 | | clinical psychologist or, if
admission to a developmental | 13 | | disability facility is sought, of a
physician that the person | 14 | | is in need of commitment to the
Department of Human Services or | 15 | | hospital for treatment
or habilitation shall be attached to the | 16 | | petition. Copies of the
petition shall be furnished to the | 17 | | named person and to the state's
attorneys of the county in | 18 | | which the correctional institution or facility
is located and | 19 | | the county in which the named person was committed to the
| 20 | | Department of Corrections.
| 21 | | (d) The court shall set a date for a hearing on the | 22 | | petition within the
time limit set forth in the Mental Health | 23 | | and Developmental Disabilities
Code. The hearing shall be | 24 | | conducted in the manner prescribed by the Mental
Health and | 25 | | Developmental Disabilities Code. If the person is found to be
| 26 | | in need of commitment to the Department of Human Services or to |
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| 1 | | a secure psychiatric unit of a hospital operated by the | 2 | | University of Illinois for treatment or habilitation, the
court | 3 | | may commit him to
that Department or hospital .
| 4 | | (e) Nothing in this Section shall limit the right of the | 5 | | Director or the
chief administrative officer of any institution | 6 | | or facility to utilize the
emergency admission provisions of | 7 | | the Mental Health and Developmental
Disabilities Code with | 8 | | respect to any person in his custody or care. The
transfer of a | 9 | | person to an institution or facility of the Department of Human
| 10 | | Services or to any secure psychiatric unit of any hospital | 11 | | operated by the University of Illinois under paragraph (a)
of | 12 | | this Section does not discharge the person from the control of | 13 | | the
Department of Corrections .
| 14 | | (Source: P.A. 88-670, eff. 12-2-94; 89-507, eff. 7-1-97.)
| 15 | | (730 ILCS 5/3-8-6) (from Ch. 38, par. 1003-8-6)
| 16 | | Sec. 3-8-6. Return and Release from Department of Human | 17 | | Services or other Hospital .
| 18 | | (a) The Department of
Human Services
or any hospital | 19 | | operated by the University of Illinois shall return to the | 20 | | Department of Corrections any person committed to it
under | 21 | | Section 3-8-5, whose sentence has not expired and whom the | 22 | | Department of
Human Services deems no
longer subject to | 23 | | involuntary admission, or no longer meets the standard for
| 24 | | judicial admission.
| 25 | | (b) If a person returned to the Department of Corrections |
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| 1 | | under paragraph
(a) of this Section is eligible for parole and | 2 | | has not had a parole hearing
within the preceding 6 months, he | 3 | | shall have a parole hearing within 45
days after his return.
| 4 | | (c) The Department of Corrections shall notify the | 5 | | Secretary of Human
Services or any hospital operated by the | 6 | | University of Illinois of the expiration of the sentence of
any | 7 | | person transferred to the Department of Human Services under | 8 | | Section 3-8-5. If the Department of
Human Services or any | 9 | | hospital operated by the University of Illinois determines that | 10 | | a person transferred to it under
paragraph (a) of Section 3-8-5 | 11 | | requires further hospitalization, it shall
file a petition for | 12 | | the involuntary or judicial admission of such person
under the | 13 | | Mental Health and Developmental Disabilities Code.
| 14 | | (d) The Department of Human Services or a hospital operated | 15 | | by the University of Illinois shall
release under the Mental | 16 | | Health and Developmental Disabilities Code, any
person | 17 | | transferred to it under paragraph (c) of Section 3-8-5, whose | 18 | | sentence
and parole term have expired and whom the Department | 19 | | of Human Services or the hospital deems no longer subject to
| 20 | | involuntary admission, or no longer meets the standard for | 21 | | judicial admission.
| 22 | | (Source: P.A. 89-507, eff. 7-1-97.)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.
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