(405 ILCS 15/0.01)

(from Ch. 91 1/2, par. 140)

Sec. 0.01.

Short title.

This Act may be cited as the

Mental Treatment for Incarcerated Persons Act.

(Source: P.A. 86‑1324.)

405 ILCS 15/1

(405 ILCS 15/1)

(from Ch. 91 1/2, par. 141)

Sec. 1.

In the event that any person is sentenced and committed under the laws of this State or the ordinances or resolutions of any municipal corporation or political subdivision to any penal or correctional institution other than the penitentiary or reformatory, any person 18 years of age or over may file with the Circuit Court a petition asserting that the person named in the petition has become subject to involuntary admission under the Mental Health and Developmental Disabilities Code since his commitment. The petition shall be accompanied by the certificate of a qualified examiner, psychiatrist, clinical psychologist or physician stating in reasonable detail the basis for the conclusion of said certificate that the person whose hospitalization is desired is subject to involuntary admission as that term is defined in Section 1‑119 of the Mental Health and Developmental Disabilities Code.

The petitioner shall provide the State's Attorney and the person named in the petition with a copy of the petition.

(Source: P.A. 81‑337.)

(405 ILCS 15/2)

(from Ch. 91 1/2, par. 142)

Sec. 2.

The court shall set a date for a hearing on the petition within 5 days, excluding Saturdays, Sundays and holidays, after the filing of the petition. The hearing shall be conducted in the manner prescribed in Article VIII of Chapter III of the "Mental Health and Developmental Disabilities Code", as now and hereafter amended. If the jury by its verdict, or the court if no jury is requested, finds that the named person is not subject to involuntary admission, he shall be returned to the institution to which he was sentenced and committed. If the jury by its verdict, or the court if no jury is requested, finds that the named person is subject to involuntary admission, the court shall commit him to the Department of Human Services. If the named person is deemed no longer subject to involuntary admission and the time for which he was sentenced has not expired, he shall be returned by the Department of Human Services to the penal or correctional institution from which he was committed to finish his original sentence. If the time has expired, he shall be discharged in accordance with Article IX of Chapter III of the "Mental Health and Developmental Disabilities Code", as now and hereafter amended.

(Source: P.A. 89‑507, eff. 7‑1‑97.)