Bill Text: IL SB0696 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2017-05-26 - Added as Co-Sponsor Sen. Patricia Van Pelt [SB0696 Detail]

Download: Illinois-2017-SB0696-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0696

Introduced 1/30/2017, by Sen. Mattie Hunter

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.
LRB100 04296 RLC 14302 b

A BILL FOR

SB0696LRB100 04296 RLC 14302 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Unified Code of Corrections is amended by
5changing 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
8other hospital.
9 (a) The Department shall cause inquiry and examination at
10periodic intervals to ascertain whether any person committed to
11it may be subject to involuntary admission, as defined in
12Section 1-119 of the Mental Health and Developmental
13Disabilities Code, or meets the standard for judicial admission
14as defined in Section 4-500 of the Mental Health and
15Developmental Disabilities Code, or is an addict, alcoholic or
16intoxicated person as defined in the Alcoholism and Other Drug
17Abuse and Dependency Act. The Department may provide special
18psychiatric or psychological or other counseling or treatment
19to such persons in a separate institution within the
20Department, or the Director of the Department of Corrections
21may transfer such persons other than addicts, alcoholics or
22intoxicated persons:
23 (1) to the Department of Human Services for

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1 observation, diagnosis and treatment, subject to the
2 approval of the Secretary Director of the Department of
3 Human Services, for a period of not more than 6 months, if
4 the person consents in writing to the transfer; or .
5 (2) to any psychiatric unit of any public or private
6 hospital for observation, diagnosis, and treatment,
7 subject to the approval of the hospital, for a period of
8 not more than 6 months, if the person consents in writing
9 to the transfer. No person may be transferred under this
10 paragraph unless the Department determines in writing that
11 the psychiatric unit to which the person will be
12 transferred can provide a safe and secure environment for
13 that person.
14The person shall be advised of his right not to consent, and if
15he does not consent, such transfer may be effected only by
16commitment under paragraphs (c) and (d) of this Section.
17 (b) The person's spouse, guardian or nearest relative and
18his attorney of record shall be advised of their right to
19object, and if objection is made, such transfer may be effected
20only by commitment under paragraph (c) of this Section. Notices
21of such transfer shall be mailed to such person's spouse,
22guardian or nearest relative and to the attorney of record
23marked for delivery to addressee only at his last known address
24by certified mail with return receipt requested together with
25written notification of the manner and time within which he may
26object thereto.

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1 (c) If a committed person does not consent to his transfer
2to the Department of Human Services or if a person objects
3under paragraph (b) of this Section, or if the Department of
4Human Services or other hospital determines that a transferred
5person requires commitment to the Department of Human Services
6for more than 6 months, or if the person's sentence will expire
7within 6 months, the Director of the Department of Corrections
8shall file a petition in the circuit court of the county in
9which the correctional institution or facility is located
10requesting the transfer of such person to the Department of
11Human Services or other hospital. A certificate of a
12psychiatrist, clinical psychologist or, if admission to a
13developmental disability facility is sought, of a physician
14that the person is in need of commitment to the Department of
15Human Services or other hospital for treatment or habilitation
16shall be attached to the petition. Copies of the petition shall
17be furnished to the named person and to the State's Attorneys
18state's attorneys of the county in which the correctional
19institution or facility is located and the county in which the
20named person was committed to the Department of Corrections.
21 (d) The court shall set a date for a hearing on the
22petition within the time limit set forth in the Mental Health
23and Developmental Disabilities Code. The hearing shall be
24conducted in the manner prescribed by the Mental Health and
25Developmental Disabilities Code. If the person is found to be
26in need of commitment to the Department of Human Services for

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1treatment or habilitation, the court may commit him to the that
2Department of Human Services or other hospital.
3 (e) Nothing in this Section shall limit the right of the
4Director or the chief administrative officer of any institution
5or facility to utilize the emergency admission provisions of
6the Mental Health and Developmental Disabilities Code with
7respect to any person in his custody or care. The transfer of a
8person to an institution or facility of the Department of Human
9Services or to any psychiatric unit of any public or private
10hospital under paragraph (a) of this Section does not discharge
11the person from the control of the Department of Corrections.
12(Source: P.A. 88-670, eff. 12-2-94; 89-507, eff. 7-1-97.)
13 (730 ILCS 5/3-8-6) (from Ch. 38, par. 1003-8-6)
14 Sec. 3-8-6. Return and Release from Department of Human
15Services or other hospital.
16 (a) The Department of Human Services or any other public or
17private hospital shall return to the Department of Corrections
18any person committed to it under Section 3-8-5, whose sentence
19has not expired and whom the Department of Human Services or
20the hospital deems no longer subject to involuntary admission,
21or no longer meets the standard for judicial admission.
22 (b) If a person returned to the Department of Corrections
23under paragraph (a) of this Section is eligible for parole and
24has not had a parole hearing within the preceding 6 months, he
25shall have a parole hearing within 45 days after his return.

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1 (c) The Department of Corrections shall notify the
2Secretary of Human Services of the expiration of the sentence
3of any person transferred to the Department of Human Services
4under Section 3-8-5. The Department of Corrections shall notify
5the director of any hospital of the expiration of the sentence
6of any person transferred to that hospital under Section 3-8-5.
7If the Department of Human Services or any hospital determines
8that a person transferred to it under paragraph (a) of Section
93-8-5 requires further hospitalization, it shall file a
10petition for the involuntary or judicial admission of such
11person under the Mental Health and Developmental Disabilities
12Code.
13 (d) The Department of Human Services or any other public or
14private hospital shall release under the Mental Health and
15Developmental Disabilities Code, any person transferred to it
16under paragraph (c) of Section 3-8-5, whose sentence and parole
17term have expired and whom the Department of Human Services or
18the hospital deems no longer subject to involuntary admission,
19or no longer meets the standard for judicial admission.
20(Source: P.A. 89-507, eff. 7-1-97.)
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