(730 ILCS 5/3-8-6) (from Ch. 38, par. 1003-8-6)
Sec. 3-8-6.
Return and Release from Department of Human Services.
(a) The Department of
Human Services
shall return to the Department of Corrections any person committed to it
under Section 3-8-5, whose sentence has not expired and whom the Department of
Human Services deems no
longer subject to involuntary admission, or no longer meets the standard for
judicial admission.
(b) If a person returned to the Department of Corrections under paragraph
(a) of this Section is eligible for parole and has not had a parole hearing
within the preceding 6 months, he shall have a parole hearing within 45
days after his return.
(c) The Department of Corrections shall notify the Secretary of Human
Services of the expiration of the sentence of
any person transferred to the Department of Human Services under Section 3-8-5. If the Department of
Human Services determines that a person transferred to it under
paragraph (a) of Section 3-8-5 requires further hospitalization, it shall
file a petition for the involuntary or judicial admission of such person
under the Mental Health and Developmental Disabilities Code.
(d) The Department of Human Services shall
release under the Mental Health and Developmental Disabilities Code, any
person transferred to it under paragraph (c) of Section 3-8-5, whose sentence
and parole term have expired and whom the Department of Human Services deems no longer subject to
involuntary admission, or no longer meets the standard for judicial admission.
(Source: P.A. 89-507, eff. 7-1-97.)
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