AUTHORITY: Implementing Sections 3-8-1, 3-8-2, 3-8-3 and 3-8-4 and 3-10-5 and authorized by Section 3-7-1 of the Unified Code of Corrections (Ill. Rev. Stat. 1985, ch. 38, pars. 1003-8-1, 1003-8-2, 1003-8-3, 1003-8-4, 1003-10-5 and 1003-7-1).

SOURCE: Adopted and codified at 8 Ill. Reg. 14401, effective August 1, 1984; amended at 11 Ill. Reg. 11502, effective July 1, 1987.

SUBPART A: CLASSIFICATION

 

Section 503.10  Applicability

 

This Subpart applies to the Adult and Juvenile Divisions of the Department of Corrections (Department).

 

(Source:  Amended at 11 Ill. Reg. 11502, effective July 1, 1987)

 

Section 503.15  Responsibilities

 

a)         Unless otherwise specified, the Director, Chief Administrative Officer or Agency Medical Director may delegate responsibilities stated in this Subpart to another person or persons or designate another person or persons to perform the duties specified.

 

b)         No other individual may routinely perform duties whenever a Section in this Part specifically states the Director, Chief Administrative Officer or Agency Medical Director shall personally perform the duties.  However, the Director, Chief Administrative Officer or Agency Medical Director may designate another person or persons to perform the duties during periods of his temporary absence or in an emergency.

 

(Source:  Added at 11 Ill Reg. 11502, effective July 1, 1987)

 

Section 503.20  Classification of Committed Persons

 

a)         Each newly committed person shall be evaluated at a reception and classification center or unit for initial assignment to a correctional facility or program.

 

b)         The evaluation shall include a review of available criminal, educational and employment history, health care condition and any other information deemed relevant to placement.

 

c)         A recommendation for placement shall be referred to the Director who shall consider, among other matters, the recommendation and determine the initial placement of the committed person.

 

d)         Each committed person shall, whenever possible, be assigned to a correctional facility or program within 30 days after admission to the Department.

 

e)         A review of a committed person's classification designation or program assignment shall be conducted at regular intervals.

 

(Source:  Amended at 11 Ill. Reg. 11502, effective July 1, 1987)

SUBPART B: TRANSFERS

 

Section 503.100  Applicability

 

This Subpart applies to the Adult, Juvenile and Community Services Divisions of the Department of Corrections (Department).

 

(Source:  Amended at 11 Ill. Reg. 11502, effective July 1, 1987)

 

Section 503.105  Responsibilities

 

a)         Unless otherwise specified, the Director, Chief Administrative Officer or Agency Medical Director may delegate responsibilities stated in this Subpart to another person or persons or designate another person or persons to perform the duties specified.

 

b)         No other individual may routinely perform duties whenever a Section in this Part specifically states the Director, Chief Administrative Officer or Agency Medical Director shall personally perform the duties.  However, the Director, Chief Administrative Officer or Agency Medical Director may designate another person or persons to perform the duties during periods of his temporary absence or in an emergency.

 

 (Source:  Added at 11 Ill. Reg. 11502, effective July 1, 1987)

 

Section 503.110  Definition

 

"Specialized mental health setting" means a Department of Corrections facility or unit which specializes in mental health care.

 

Section 503.120  Administrative Transfers

 

a)         A committed person may be transferred by the Department to any of its facilities or programs or as otherwise permitted by law.

 

b)         Transfers shall be reviewed and approved by the Director.

 

(Source:  Amended at 11 Ill. Reg. 11502, effective July 1, 1987)

 

Section 503.130  Assignment and Program Transfers

 

a)         A request or recommendation for transfer may be submitted by a Department employee or the committed person to the Clinical Services Supervisor or, in the Community Services Division, to the Chief Administrative Officer.  In the Juvenile Division, a youth's parent or guardian may submit a request for a transfer to the Chief Administrative Officer of the facility.

 

1)         Requests for initial or continued placement in protective custody or requests for transfers from protective custody shall be processed in accordance with the protective custody rule (20 Ill. Adm. Code 501:  Subpart D).

 

2)         All other requests for transfer shall be processed in accordance with this Part.

 

b)         A member of the Clinical Services staff shall interview the committed person and, if the committed person is eligible for the requested transfer, shall transmit to the Assignment Officer, or at Menard Psychiatric Center to the psychiatrist, a record of the interview, all available information regarding the proposed transfer, a summary of the individual's adjustment and program involvement and any other relevant information.

 

c)         The Assignment Officer or psychiatrist may afford the committed person the opportunity to meet with the Officer or psychiatrist to discuss the transfer, and shall consult with the Health Care Administrator to determine whether any necessary medical treatment has been scheduled. Scheduled medical treatments shall generally be completed prior to transfer.  Exceptions must be approved by the Agency Medical Director prior to the transfer.

 

d)         The Assignment Officer or psychiatrist shall make a recommendation to the Chief Administrative Officer who shall approve or disapprove the recommendation.  The committed person shall be informed of the decision in writing.

 

e)         If the recommendation is for the committed person to continue in a program at a mental health center or unit, the individual may request a review of that decision by the Placement Review Board (20 Ill. Adm. Code 415.60).

 

f)         If the Chief Administrative Officer approves a request or recommendation for transfer, the recommendation and a record regarding the proposed transfer shall be submitted to the Director for approval or disapproval.  The committed person shall be informed of the decision in writing.

 

(Source:  Amended at 11 Ill. Reg. 11502, effective July 1, 1987)

 

Section 503.140  Disciplinary Transfers

 

Transfers may be recommended by the Adjustment Committee pursuant to a finding of guilt of an infraction in accordance with 20 Ill. Adm. Code 504.

 

(Source:  Amended at 11 Ill. Reg. 11502, effective July 1, 1987)

 

Section 503.150  Transfers to Specialized Mental Health Settings – Adult Division

 

Any person committed to the Adult Division may be transferred to a specialized mental health setting if, upon examination by a Department physician or psychiatrist, the physician or psychiatrist certifies such a transfer is required.

 

a)         Emergency transfers to specialized mental health settings may be granted by verbal approval of the Dwight Chief Administrative Officer for female transfers, or by verbal approval of the Director for male transfers if certification of the necessity of such transfer is made by a Department physician or psychiatrist.  If the certification is made by a Department physician, the individual must be examined by the physician no more than two hours prior to transfer.

 

b)         Non-emergency transfers of committed persons shall be made in accordance with the following provisions:

 

1)         The Psychiatric Report shall be reviewed by the Dwight Mental Health Supervisor for a female or the institution Clinical Services Supervisor for a male.

 

2)         The committed person shall receive written notice of the impending transfer and his right to request, within 24 hours, a hearing before the Psychiatric Review Committee regarding his impending placement in a specialized mental health setting.  The Psychiatric Review Committee shall be composed of three persons.  One member shall be a mental health professional, one member shall be a representative of the clinical services staff and one member shall not be employed by the Department.

 

A)        A hearing will be held within five days of receipt of the written request unless the committed person requests, in writing, an additional two days to prepare for the hearing.  The committed person shall be allowed to make a reasonable number of collect telephone calls to family members or outside professional persons to advise them of his impending hearing.

 

B)        The committed person may have, at his expense, a personal psychiatrist or other mental health professional appear to present verbal or written testimony pertaining to his mental status.

 

C)        The committed person may request that witnesses be called to appear at the hearing.

 

D)        The Psychiatric Report must be read at the hearing and the psychiatrist may appear in person.

 

E)        The Committee shall, by majority vote, recommend the transfer, recommend that the committed person's mental health status be reviewed by another mental health professional or, if in the opinion of a mental health professional the transfer is not warranted, recommend the transfer not be approved.

 

F)         The Committee's recommendation shall be forwarded to the Chief Administrative Officer.

 

3)         Approval for the transfer of a female by the Dwight Chief Administrative Officer or approval for the transfer of a male by the Director shall be made after:

 

A)        A review of the Psychiatric Report; and

 

B)        A review of the Psychiatric Review Committee's recommendations; or,

 

C)        Receipt of a signed document by the committed person that he does not request a hearing.

 

c)         After the transfer of a female to the Mental Health Unit of the Dwight Correctional Center or the transfer of a male to the Menard Psychiatric Center the following provisions must be complied with:

 

1)         Within 24 hours of the female's arrival to the Mental Health Unit, she shall receive an examination by a mental health professional.

 

2)         Within 3 days of a committed person's arrival at the unit or center, he shall receive a follow-up examination by a psychiatrist.

 

d)         Within five working days after the emergency transfer of the committed person, if the individual desires, he shall be provided an opportunity to receive a hearing by the unit or center's Placement Review Board (20 Ill. Adm. Code 415.60).  The Placement Review Board shall review the appropriateness of the transfer and provide the individual an opportunity to present other professional opinions in his behalf.

 

(Source:  Amended at 11 Ill. Reg. 11502, effective July 1, 1987)

 

Section 503.160  Transfers to Treatment Unit Settings – Juvenile Division

 

a)         Any person committed to the Juvenile Division may be transferred to a treatment unit setting by the Director upon the recommendation of a Department mental health professional.  Committed persons determined by a Department physician, psychiatrist or clinical psychologist to be in need of placement in the Department of Mental Health and Developmental Disabilities shall be transferred in accordance with applicable statutory provisions.

 

b)         Procedures shall be established at Juvenile treatment unit facilities which shall:

 

1)         Provide for a review of continued placement by a mental health professional no less than every 90 days.

 

2)         Provide an opportunity to the committed person or, upon request, to the committed person's parent or guardian to present material which may be relevant to the committed person's placement or continued placement in a treatment unit setting.

 

(Source:  Amended at 11 Ill. Reg. 11502, effective July 1, 1987)