(3) If the court finds by clear and convincing evidence that the defendant currently has a mental illness, the court shall impose any sentence that could be imposed under law upon a defendant who does not have a mental illness and who is convicted of the same offense, and:

1. (a) commit the defendant to the department, in accordance with the provisions of Section 77-16a-202, if:

   1. (i) the court gives the department the opportunity to provide an evaluation and recommendation under Subsection (4); and

   2. (ii) the court finds by clear and convincing evidence that:

      1. (A) because of the defendant's mental illness the defendant poses an immediate physical danger to self or others, including jeopardizing the defendant's own or others' safety, health, or welfare if placed in a correctional or probation setting, or lacks the ability to provide the basic necessities of life, such as food, clothing, and shelter, if placed on probation; and
      2. (B) the department is able to provide the defendant with treatment, care, custody, and security that is adequate and appropriate to the defendant's conditions and needs;
2. (b) order probation in accordance with Section 77-16a-201; or
3. (c) if the court determines that commitment to the department under Subsection (3)(a) or probation under Subsection (3)(b) is not appropriate, the court shall place the defendant in the custody of UDC or a county jail as allowed by law.