(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 |
| delinquent orders the transfer after a hearing with opportunity to the minor to be heard and defend; and
|
|
(2) the Director of Juvenile Justice is made a party
|
|
(3) notice of such transfer is given to the minor's
|
| parent, guardian or nearest relative; and
|
|
(4) a term of incarceration is permitted by law for
|
| adults found guilty of the offense for which the minor was adjudicated delinquent.
|
|
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.)
|