(730 ILCS 5/3-10-4) (from Ch. 38, par. 1003-10-4)
Sec. 3-10-4. Intradivisional Transfers.
(a) The transfer of committed persons between institutions or facilities
of the Department of Juvenile Justice shall be under this Section, except that emergency
transfers shall be under Section 3-6-2.
(b) The chief administrative officer of an institution or facility
desiring to transfer a committed person to another institution or facility
shall notify the Director of Juvenile Justice or his
delegate of the basis for the transfer. The Director or his
delegate shall approve or deny such request.
(c) If a transfer request is made by a committed person or his parent,
guardian or nearest relative, the chief administrative officer of the
institution or facility from which the transfer is requested shall notify
the Director of Juvenile Justice or his delegate of the
request, the reasons therefor and his recommendation. The
Director of Juvenile Justice or his delegate shall either grant the request or if he denies the
request he shall advise the person or his parent, guardian or nearest
relative of the basis for the denial.
(Source: P.A. 94-696, eff. 6-1-06 .)
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(730 ILCS 5/3-10-5) (from Ch. 38, par. 1003-10-5)
Sec. 3-10-5. Transfers to the Department of Human Services.
(a) If a person committed to the Department of Juvenile Justice meets the
standard for admission of a minor to a mental health facility or is suitable
for admission to a developmental disability facility, as these terms are
used in the Mental Health and Developmental Disabilities Code, the
Department may transfer the person to an appropriate State
hospital or institution of the Department of Human Services
for a period not to exceed 6 months, if the person consents in writing to
the transfer. The person shall be advised of his right not to consent, and
if he does not consent, the transfer may be effected only by
commitment under paragraph (e) of this Section.
(b) The parent, guardian or nearest relative and the attorney of record
shall be advised of his right to object. If an
objection is made, the
transfer may be effected only by commitment under paragraph (e) of this
Section. Notice of the transfer shall be mailed to the person's parent,
guardian or nearest relative marked for delivery to addressee only at his
last known address by certified mail with return receipt requested together
with written notification of the manner and time within which he may object
to the transfer. Objection to the transfer must be made by
the parent, guardian
or nearest relative within 15 days of receipt of the notification of
transfer, by written notice of the objection to the Director of Juvenile Justice or
chief administrative officer of the institution or facility of the
Department of Juvenile Justice where the person was confined.
(c) If a person committed to the Department under the Juvenile Court Act
or the Juvenile Court Act of 1987 is committed to a hospital or facility of the
Department of Human Services under this Section, the Director of Juvenile Justice shall so notify the committing juvenile court.
(d) Nothing in this Section shall limit the right of the Director
of Juvenile Justice or the chief administrative officer of any institution
or facility to utilize the emergency admission provisions of the Mental
Health and Developmental Disabilities Code with respect to any person in
his custody or care. The transfer of a person to an institution or facility
of the Department of Human Services under
paragraph (a) of this Section does not discharge the person from the control
of the Department of Juvenile Justice.
(e) If the person does not consent to his transfer to the Department of
Human Services or if a
person objects under paragraph (b) of this Section, or if the Department of
Human Services determines
that a transferred person requires
admission to the Department of Human Services
for more than 6 months for any reason, the Director of Juvenile Justice shall file a petition in the circuit court of the county in which
the institution or facility is located requesting admission of the person
to the Department of Human Services. A
certificate of a clinical psychologist, licensed clinical social
worker who is a qualified examiner as defined in Section 1-122 of the
Mental Health and Developmental Disabilities Code, or psychiatrist,
or, if admission to
a developmental disability facility is sought, of a physician that the
person is in need of commitment to the Department of Human Services for treatment or habilitation
shall be attached
to the petition. Copies of the petition shall be furnished to the named
person, his parent, or guardian or nearest relative, the committing
court, and to the state's attorneys of the county in which the institution
or facility of the Department of Juvenile Justice from which the person was transferred
is located and the county from which the named person was committed to
the Department of Juvenile Justice.
(f) The court shall set a date for a hearing on the petition within the
time limit set forth in the Mental Health and Developmental Disabilities
Code. The hearing shall be conducted in the manner prescribed by the Mental
Health and Developmental Disabilities Code. If the person is found to be
in need of commitment to the Department of Human Services for treatment or
habilitation, the court may
commit him to
that Department.
(g) In the event that a person committed to the Department under the
Juvenile Court Act or the Juvenile Court Act of 1987 is committed to facilities
of the Department of Human Services under paragraph (e) of this Section, the
Director of Juvenile Justice shall petition the committing juvenile court for an
order terminating the Director's custody.
(Source: P.A. 94-696, eff. 6-1-06 .)
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(730 ILCS 5/3-10-6) (from Ch. 38, par. 1003-10-6)
Sec. 3-10-6. Return and Release from Department of Human Services.
(a) The Department of Human Services shall return to the Department of Juvenile Justice
any person
committed to a facility of the Department under paragraph (a) of Section
3-10-5 when the person no longer meets the standard for admission of a
minor to a mental health facility, or is suitable for administrative
admission to a developmental disability facility.
(b) If a person returned to the Department of Juvenile Justice under paragraph (a)
of this Section has not had an aftercare release hearing within the preceding 6 months,
he or she shall have an aftercare release hearing within 45 days after his or her return.
(c) The Department of Juvenile Justice shall notify the Secretary of Human Services
of the expiration of the
commitment or sentence of any person transferred to the Department of Human
Services under Section
3-10-5. If the Department of Human Services determines that such person
transferred to it under paragraph (a) of Section 3-10-5 requires further
hospitalization, it shall file a petition for commitment of such person
under the Mental Health and Developmental Disabilities Code.
(d) The Department of Human Services shall
release under the Mental Health and Developmental Disabilities Code, any
person transferred to it pursuant to paragraph (c) of Section 3-10-5, whose
sentence has expired and whom it deems no longer meets the standard for
admission of a minor to a mental health facility, or is suitable for
administrative admission to a developmental disability facility. A person
committed to the Department of Juvenile Justice under the Juvenile Court Act
or the Juvenile Court Act of 1987 and transferred to the Department of Human
Services under paragraph (c)
of Section
3-10-5 shall be released to the committing juvenile court when the
Department of Human Services determines that
he or she no longer requires hospitalization for treatment.
(Source: P.A. 98-558, eff. 1-1-14.)
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(730 ILCS 5/3-10-7) (from Ch. 38, par. 1003-10-7)
Sec. 3-10-7. Interdepartment transfers. (a) (Blank).
(b) (Blank).
(c) (Blank).
(d) (Blank).
(e) The Director of Juvenile Justice or his designee may authorize the permanent transfer to
the Department of Corrections of any person 18 years or older who was prosecuted under
the provisions of the Criminal Code of 1961 or the Criminal Code of 2012 and sentenced
under the provisions of this Act pursuant to Section 2-7 of the Juvenile
Court Act or Section 5-805 of the Juvenile Court Act of 1987
and committed to the Department of Juvenile Justice under Section 5-8-6 of this Act.
(Source: P.A. 99-628, eff. 1-1-17 .)
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(730 ILCS 5/3-10-8) (from Ch. 38, par. 1003-10-8)
Sec. 3-10-8. Discipline.) (a)(1) Corporal punishment and
disciplinary restrictions on diet, medical or sanitary facilities,
clothing, bedding or mail are prohibited, as are reductions in
the frequency of use of toilets, washbowls and showers.
(2) Disciplinary restrictions on visitation, work, education
or program assignments, the use of toilets, washbowls
and showers shall be related as closely as practicable to
abuse of such privileges or facilities. This paragraph shall
not apply to segregation or isolation of persons for purposes
of institutional control.
(3) No person committed to the Department of Juvenile Justice may be
isolated for disciplinary reasons.
(b) The Department of Juvenile Justice shall establish rules and
regulations governing disciplinary practices, the penalties
for violation thereof, and the disciplinary procedure by which
such penalties may be imposed. The rules of behavior shall be
made known to each committed person, and the discipline shall
be suited to the infraction and fairly applied.
(c) All disciplinary action imposed upon persons in
institutions and facilities of the Department of Juvenile Justice shall
be consistent with this Section and Department rules and
regulations adopted hereunder.
(d) Disciplinary action imposed under this Section shall be
reviewed by the grievance procedure under Section 3-8-8.
(e) A written report of any infraction for which discipline
is imposed shall be filed with the chief administrative officer
within 72 hours of the occurrence of the infraction or the
discovery of it and such report shall be placed in the file
of the institution or facility.
(f) All institutions and facilities of the Department of Juvenile Justice
shall establish, subject to the approval of the Director of Juvenile Justice,
procedures for disciplinary cases except those that may
involve delay in
referral to the Prisoner Review Board or a change in work,
education or other program assignment of more than 7 days duration.
(g) In disciplinary cases which may involve delay in referral to the Prisoner Review Board, or a change in work, education or other
program assignment of more than 7 days duration, the Director
shall establish disciplinary procedures consistent with the
following principles:
(1) Any person or persons who initiate a disciplinary | ||
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(2) Any committed person charged with a violation of | ||
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(3) Any person charged with a violation of rules is | ||
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(4) The person or persons deciding the charge may | ||
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(5) If the charge is sustained, the person charged is | ||
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(6) A change in work, education, or other program | ||
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(Source: P.A. 102-350, eff. 8-13-21.)
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(730 ILCS 5/3-10-9) (from Ch. 38, par. 1003-10-9)
Sec. 3-10-9. Grievances.
The procedures for grievances of the Department of Juvenile Justice shall be governed
under Section 3-8-8.
(Source: P.A. 94-696, eff. 6-1-06 .)
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(730 ILCS 5/3-10-10) (from Ch. 38, par. 1003-10-10)
Sec. 3-10-10. Assistance to Committed Persons.
A person committed to the Department of Juvenile Justice shall be furnished with
staff assistance in the exercise of any rights and privileges granted him
under this Code. Such person shall be informed of his right to assistance
by his staff counselor or other staff member.
(Source: P.A. 94-696, eff. 6-1-06 .)
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(730 ILCS 5/3-10-11) (from Ch. 38, par. 1003-10-11)
Sec. 3-10-11. Transfers from Department of Children and Family Services.
(a) If (i) a minor 10 years of age or older is adjudicated a
delinquent under the
Juvenile Court Act or the Juvenile Court Act of 1987 and placed with
the Department of Children and Family Services, (ii) it is determined by an
interagency review committee that the Department of
Children and Family Services lacks adequate facilities
to care for and rehabilitate such minor and that placement of such minor with
the Department of Juvenile Justice, subject to certification by the Department of
Juvenile Justice, is appropriate, and (iii) the Department of Juvenile Justice
certifies that it has suitable facilities and personnel available for the
confinement of the minor, the Department of Children and Family Services may
transfer custody of the minor to the
Department of Juvenile Justice provided that:
(1) the juvenile court that adjudicated the minor a | ||
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(2) the Director of Juvenile Justice is made a party | ||
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(3) notice of such transfer is given to the minor's | ||
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(4) a term of incarceration is permitted by law for | ||
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The interagency review committee shall include a representative from the
Department of Children and Family Services, a representative from the
Department of Juvenile Justice, and an educator and a qualified mental health
professional jointly selected by the Department of Children and Family Services
and the Department of Juvenile Justice. The Department of Children and Family
Services, in consultation with the Department of Juvenile Justice, shall promulgate
rules governing the operation of the interagency review committee pursuant to
the Illinois Administrative Procedure Act.
(b) Guardianship of a minor transferred under this Section shall remain
with the Department of Children and Family Services.
(c) Minors transferred under this Section may be placed by the Department
of Juvenile Justice in any program
or facility of the Department of Juvenile Justice, or any
juvenile residential facility.
(d) A minor transferred under this Section shall remain in the custody
of the Department of Juvenile Justice until the Department of
Juvenile Justice determines that the minor is ready to leave its program. The
Department of Juvenile Justice in consultation with the Department of Children and
Family Services shall develop a transition plan and cooperate with
the Department of Children and Family Services to move the minor to an
alternate program. Thirty days before implementing the transition plan, the
Department of Juvenile Justice shall provide the court with notice of the plan. The
Department of Juvenile Justice's custodianship of the minor shall automatically
terminate 30 days after notice is provided to the court and the State's
Attorney.
(e) In no event shall a minor transferred under this Section remain in
the custody of the Department of Juvenile Justice for a period of time in excess of
that period for which an adult could be committed for the same act.
(Source: P.A. 94-696, eff. 6-1-06 .)
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(730 ILCS 5/3-10-12) (from Ch. 38, par. 1003-10-12)
Sec. 3-10-12.
The Director of the Department of Juvenile Justice may authorize the use of
any institution or facility of the Department of Juvenile Justice as a Juvenile
Detention Facility for the confinement of minors under 16 years of age in
the custody or detained by the Sheriff of any County or the police
department of any city when said juvenile is being held for appearance
before a Juvenile Court or by Order of Court or for other legal reason,
when there is no Juvenile Detention facility available or there are no
other arrangements suitable for the confinement of juveniles. The Director
of Juvenile Justice may certify that suitable facilities and
personnel are available at the appropriate institution or facility for the
confinement of such minors and this certification shall be filed with the
Clerk of the Circuit Court of the County. The Director of Juvenile Justice may withdraw or withhold certification at any time. Upon the
filing of the certificate in a county the authorities of the county may
then use those facilities and set forth in the certificate under the terms
and conditions therein for the above purpose. Juveniles confined, by the
Department of Juvenile Justice, under this Section, must be kept separate from
adjudicated delinquents.
(Source: P.A. 94-696, eff. 6-1-06 .)
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(730 ILCS 5/3-10-13)
Sec. 3-10-13. Notifications of Release or Escape.
(a) The Department of Juvenile Justice shall establish procedures to provide written
notification of the release of any person from the Department of Juvenile Justice to the
persons and agencies specified in subsection (c) of Section 3-14-1 of this
Code.
(b) The Department of Juvenile Justice shall establish procedures to provide immediate
notification of the escape of any person from the Department of Juvenile Justice to the
persons and agencies specified in subsection (c) of Section 3-14-1 of this
Code.
(Source: P.A. 94-696, eff. 6-1-06 .)
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(730 ILCS 5/Ch. III Art. 11 heading) ARTICLE 11.
FURLOUGHS
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