The department shall provide for the care and treatment of every confined offender who is determined to be mentally ill by a psychiatrist employed or retained by the department. To provide that care and treatment, the department may:

1. (1) establish and operate its own mental health facilities and programs;
2. (2) transfer offenders to the division of mental health and addiction, subject to the approval of the director of the division of mental health and addiction; or

3. (3) contract with any city, county, state, or federal authority or with other public or private organizations for the provision of care and treatment.

   As added by Acts 1979, P.L.120, SEC.3. Amended by Acts 1980, P.L.87, SEC.1; P.L.2-1992, SEC.104; P.L.135-1993, SEC.2; P.L.215-2001, SEC.19.