§ 12-29-405 - Inmates with mental illness.

12-29-405. Inmates with mental illness.

(a) The Department of Correction is authorized to develop in-house due process procedures as approved by the Board of Corrections in accordance with United States Supreme Court guidelines for the voluntary or involuntary treatment of inmates with mental illness at the facilities and programs of the Mental Health Services Section of the Division of Health Treatment Services of the Department of Correction.

(b) (1) While the inmate is in treatment, the inmate's sentence shall continue to run.

(2) If an inmate's sentence expires while in treatment, the department shall release the inmate or pursue involuntary admission under the appropriate procedures prescribed by existing laws governing the involuntary treatment of individuals with mental illness.