102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4107

 

Introduced 9/3/2021, by Rep. Maurice A. West, II

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-8-4  from Ch. 38, par. 1003-8-4
730 ILCS 5/3-10-4  from Ch. 38, par. 1003-10-4

    Amends the Unified Code of Corrections. In provisions concerning intradivisional transfers, provides that persons committed to Department of Corrections facilities or Department of Juvenile Justice facilities may make a request to be transferred to another facility at every 6 months.


LRB102 18944 KMF 27672 b

 

 

A BILL FOR

 

HB4107LRB102 18944 KMF 27672 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing 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
93-8-3, all transfers of committed persons to another
10institution or facility shall be reviewed and approved by a
11person or persons designated by the Director. A record of each
12transfer and the reasons therefor shall be included in the
13person's master record file.
14    (b) Transfers to facilities for psychiatric treatment and
15care within the Department shall be made only after prior
16psychiatric examination and certification to the Director that
17such transfer is required. Persons in facilities for
18psychiatric treatment and care within the Department shall be
19reexamined at least every 6 months. Persons found to no longer
20require psychiatric treatment and care shall be transferred to
21other facilities of the Department.
22    (c) A committed person may make a request to be
23transferred to another institution or facility every 6 months.

 

 

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1(Source: P.A. 77-2097.)
 
2    (730 ILCS 5/3-10-4)  (from Ch. 38, par. 1003-10-4)
3    Sec. 3-10-4. Intradivisional Transfers.
4    (a) The transfer of committed persons between institutions
5or facilities of the Department of Juvenile Justice shall be
6under this Section, except that emergency transfers shall be
7under Section 3-6-2.
8    (b) The chief administrative officer of an institution or
9facility desiring to transfer a committed person to another
10institution or facility shall notify the Director of Juvenile
11Justice or his delegate of the basis for the transfer. The
12Director or his delegate shall approve or deny such request.
13    (c) If a transfer request is made by a committed person or
14his parent, guardian or nearest relative, the chief
15administrative officer of the institution or facility from
16which the transfer is requested shall notify the Director of
17Juvenile Justice or his delegate of the request, the reasons
18therefor and his recommendation. The Director of Juvenile
19Justice or his delegate shall either grant the request or if he
20denies the request he shall advise the person or his parent,
21guardian or nearest relative of the basis for the denial.
22    (d) A committed person may make a request to be
23transferred to another institution or facility of the
24Department of Juvenile Justice every 6 months.
25(Source: P.A. 94-696, eff. 6-1-06.)