SB0696 Summary

• Director of Corrections may transfer incarcerated individuals (excluding addicts, alcoholics, or intoxicated persons) to psychiatric units of public or private hospitals for observation, diagnosis, and treatment for up to 6 months with written consent.

• No person may be transferred to a hospital unless the Department of Corrections determines in writing that the psychiatric unit can provide a safe and secure environment.

• If a person does not consent to transfer or if a guardian/relative objects, the Director may petition the circuit court to request the transfer, which requires a certificate from a psychiatrist or clinical psychologist supporting the need for commitment.

• Public or private hospitals must return to the Department of Corrections any transferred person whose sentence has not expired and who no longer meets standards for involuntary or judicial admission.

• Department of Corrections must notify hospital directors when a transferred person's sentence expires, and must schedule a parole hearing within 45 days for eligible individuals returned to DOC custody.