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| 1 | AN ACT concerning criminal law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Unified Code of Corrections is amended by | ||||||
| 5 | changing Sections 3-8-4 and 3-10-4 as follows:
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| 6 | (730 ILCS 5/3-8-4) (from Ch. 38, par. 1003-8-4)
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| 7 | Sec. 3-8-4. Intradivisional Transfers.
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| 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
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| 13 | person's master record file.
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| 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 6 months.
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| 1 | (Source: P.A. 77-2097.)
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| 2 | (730 ILCS 5/3-10-4) (from Ch. 38, par. 1003-10-4)
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| 3 | Sec. 3-10-4. Intradivisional Transfers.
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| 4 | (a) The transfer of committed persons between institutions | ||||||
| 5 | or facilities
of the Department of Juvenile Justice shall be | ||||||
| 6 | under this Section, except that emergency
transfers shall be | ||||||
| 7 | under Section 3-6-2.
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| 8 | (b) The chief administrative officer of an institution or | ||||||
| 9 | facility
desiring to transfer a committed person to another | ||||||
| 10 | institution or facility
shall notify the Director of Juvenile | ||||||
| 11 | Justice or his
delegate of the basis for the transfer. The | ||||||
| 12 | Director or his
delegate shall approve or deny such request.
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| 13 | (c) If a transfer request is made by a committed person or | ||||||
| 14 | his parent,
guardian or nearest relative, the chief | ||||||
| 15 | administrative officer of the
institution or facility from | ||||||
| 16 | which the transfer is requested shall notify
the Director of | ||||||
| 17 | Juvenile Justice or his delegate of the
request, the reasons | ||||||
| 18 | therefor and his recommendation. The
Director of Juvenile | ||||||
| 19 | Justice or his delegate shall either grant the request or if he | ||||||
| 20 | denies the
request he shall advise the person or his parent, | ||||||
| 21 | guardian or nearest
relative of the basis for the denial. | ||||||
| 22 | (d) A committed person, or the committed person's parent | ||||||
| 23 | or guardian, may make a request to be transferred to another | ||||||
| 24 | institution or facility of the Department of Juvenile Justice | ||||||
| 25 | at any time.
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| 1 | (Source: P.A. 94-696, eff. 6-1-06.)
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