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| 1 | AN ACT concerning criminal law. | ||||||
| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly: | ||||||
| 4 | Section 5. The Unified Code of Corrections is amended by | ||||||
| 5 | changing Sections 3-8-4 and 3-10-4 as follows: | ||||||
| 6 | (730 ILCS 5/3-8-4) (from Ch. 38, par. 1003-8-4) | ||||||
| 7 | Sec. 3-8-4. Intradivisional Transfers. | ||||||
| 8 | (a) After the initial assignments under Sections 3-8-2 and | ||||||
| 9 | 3-8-3, all transfers of committed persons to another | ||||||
| 10 | institution or facility shall be reviewed and approved by a | ||||||
| 11 | person or persons designated by the Director. A record of each | ||||||
| 12 | transfer and the reasons therefor shall be included in the | ||||||
| 13 | person's master record file. | ||||||
| 14 | (b) Transfers to facilities for psychiatric treatment and | ||||||
| 15 | care within the Department shall be made only after prior | ||||||
| 16 | psychiatric examination and certification to the Director that | ||||||
| 17 | such transfer is required. Persons in facilities for | ||||||
| 18 | psychiatric treatment and care within the Department shall be | ||||||
| 19 | reexamined at least every 6 months. Persons found to no longer | ||||||
| 20 | require psychiatric treatment and care shall be transferred to | ||||||
| 21 | other facilities of the Department. | ||||||
| 22 | (c) A committed person may make a request to be | ||||||
| 23 | transferred to another institution or facility every 12 | ||||||
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| 1 | months. | ||||||
| 2 | (1) Department staff shall consider programmatic needs | ||||||
| 3 | and visitation hardships for each committed person | ||||||
| 4 | requesting to be transferred to ensure the committed | ||||||
| 5 | person is placed in a facility best suited to the | ||||||
| 6 | committed person's case plan. | ||||||
| 7 | (2) Committed persons are expected to be responsible | ||||||
| 8 | with their transfer requests and shall consider all | ||||||
| 9 | possible options before requesting a transfer. | ||||||
| 10 | (Source: P.A. 77-2097.) | ||||||
| 11 | (730 ILCS 5/3-10-4) (from Ch. 38, par. 1003-10-4) | ||||||
| 12 | Sec. 3-10-4. Intradivisional Transfers. | ||||||
| 13 | (a) The transfer of committed persons between institutions | ||||||
| 14 | or facilities of the Department of Juvenile Justice shall be | ||||||
| 15 | under this Section, except that emergency transfers shall be | ||||||
| 16 | under Section 3-6-2. | ||||||
| 17 | (b) The chief administrative officer of an institution or | ||||||
| 18 | facility desiring to transfer a committed person to another | ||||||
| 19 | institution or facility shall notify the Director of Juvenile | ||||||
| 20 | Justice or his delegate of the basis for the transfer. The | ||||||
| 21 | Director or his delegate shall approve or deny such request. | ||||||
| 22 | (c) If a transfer request is made by a committed person or | ||||||
| 23 | his parent, guardian or nearest relative, the chief | ||||||
| 24 | administrative officer of the institution or facility from | ||||||
| 25 | which the transfer is requested shall notify the Director of | ||||||
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| 1 | Juvenile Justice or his delegate of the request, the reasons | ||||||
| 2 | therefor and his recommendation. The Director of Juvenile | ||||||
| 3 | Justice or his delegate shall either grant the request or if he | ||||||
| 4 | denies the request he shall advise the person or his parent, | ||||||
| 5 | guardian or nearest relative of the basis for the denial. | ||||||
| 6 | (d) A committed person, or the committed person's parent | ||||||
| 7 | or guardian, may make a request to be transferred to another | ||||||
| 8 | institution or facility of the Department of Juvenile Justice | ||||||
| 9 | at any time. | ||||||
| 10 | (Source: P.A. 94-696, eff. 6-1-06.) | ||||||