Illinois General Assembly - Illinois Compiled Statutes

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

730 ILCS 5/3-8-5

(730 ILCS 5/3-8-5) (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.)