(a) If, after the hearing, the court finds by a preponderance of the evidence that the convicted person is presently suffering from a behavioral disorder or mental health disorder and that the person in lieu of being sentenced to imprisonment, should be committed to an approved treatment facility for care or treatment, the court shall commit the convicted person to the custody of the Bureau of Corrections. The Bureau of Corrections shall make recommendations to the Department of Health for the evaluation by a hospital for admission, or the hospitalization of the convicted person for care or treatment in an approved treatment facility.
(b) Upon consultation with Department of Health, and before the Bureau of Corrections relocates the defendant, notice must be given to all affected involved parties, including the Department of Justice, and counsel for the convicted person. The commitment constitutes a provisional sentence of imprisonment to the maximum term authorized by law for the offense for which the convicted person was found guilty.