Retransfer of person to Department of Corrections. (1) (a) The executive director of the Department of Corrections or the executive director's designee may request the director or the director's designee to admit a person who is in the custody of the Department of Corrections to the state hospital, in coordination with the department and Correctional Health Services, if the following individuals find that the inmate has mentally deteriorated to the point that admission to the state hospital is necessary to ensure adequate mental health treatment: (i) the executive director of the Department of Corrections or the executive director's designee; and (ii) the director or the director's designee. (b) If a finding described in Subsection (1)(a) is made, the Department of Corrections and the department shall enter into a memorandum of understanding that outlines: (i) the process used for determining the inmate's eligibility for admission to the state hospital; (ii) a process for transferring the inmate to the state hospital; (iii) a process for developing a treatment plan for the inmate; and (iv) a discharge process. (c) The following individuals shall execute the memorandum of understanding described in Subsection (1)(b): (i) the executive director of the Department of Corrections or the executive director's designee; and (ii) the director or the director's designee. .
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