(1) Pursuant to agreement entered into by the heads of the cabinets concerned, a patient or inmate of a state institution operated by one (1) state cabinet may be transferred to a state institution operated by another state cabinet, except that:
(a) An inmate may be transferred from a penal or correctional institution as provided in KRS Chapter 202A or in any regulation promulgated under such chapter, provided that no transfer shall be made to a correctional facility located on the grounds of a state mental hospital;
(b) No patient or inmate may be transferred to a penal or correctional institution unless he has been committed to such institution by judgment of a court; and (c) No patient or inmate may be transferred to an institution for the mentally ill or individuals with an intellectual disability, except for a period of observation not to exceed sixty (60) days, unless he has been hospitalized in accordance with KRS 202A.051.
(2) When a patient or inmate hospitalized by court order to one (1) institution is transferred to another institution pursuant to this section, the order of hospitalization shall be deemed to apply to the institution to which transferred.