Section 350.637 Transfer of an Identified Offender

Section

350.637

Transfer of

an Identified Offender

a)

If, based on the

security measures listed in the

Identified Offender Report and

Recommendation, a facility determines that it cannot manage the identified

offender resident safely within the facility, it shall commence involuntary

transfer or discharge proceedings pursuant to Section 3-402

of the Act and

Section 350.3300(d).  (Section 2-201.6(h) of the Act)  The facility also may

initiate involuntary transfer or discharge proceedings if it determines, during

the provisional admission period described in Section 350.625 (a) through (e),

that it cannot manage the identified offender safely within the facility.

b)         All discharges and transfers shall be in

accordance with Section 350.3300.

c)         When a resident who is an identified

offender is transferred to another facility regulated by the Department, the

Department of Healthcare and Family Services, or the Department of Human

Services, the transferring facility shall notify the Department and the receiving

facility that the individual is an identified offender before making the

transfer.

d)         Notification shall include all of the

documentation required under Section 350.635 and subsection (a)

, and the transferring facility shall provide this documentation

to the receiving facility to complete the discharge planning.

e)

If the following information has been provided to the

transferring facility from the Department of Corrections, the

transferring

facility shall provide copies to the receiving facility

before making the transfer

:

1)

The mittimus and any

pre-sentence investigation reports

;

2)

The social evaluation

prepared pursuant to Section 3-8-2

of the Unified Code of Corrections;

3)

Any pre-release evaluation

conducted pursuant to subsection (j) of Section 3-6-2

of the Unified Code of Corrections;

4)

Reports of disciplinary

infractions and dispositions

;

5)

Any parole plan, including

orders issued by the Illinois Prisoner Review Board and any violation reports

and

eports

;

2)

The social evaluation

prepared pursuant to Section 3-8-2

of the Unified Code of Corrections;

3)

Any pre-release evaluation

conducted pursuant to subsection (j) of Section 3-6-2

of the Unified Code of Corrections;

4)

Reports of disciplinary

infractions and dispositions

;

5)

Any parole plan, including

orders issued by the Illinois Prisoner Review Board and any violation reports

and dispositions

; and

6)

The name and contact

information for the assigned parole agent and parole supervisor

. (Section 3-14-1

of the Unified Code of Corrections)

f)

The information

required by this Section shall be provided upon transfer.  Information compiled

concerning an identified offender shall not be further disseminated except to

the resident; the resident's legal representative; law enforcement agencies;

the resident's parole or probation officer; the Division of Long Term Care

Field Operations in the Department's Office of Health Care Regulation; other

facilities licensed by the Department, the Illinois Department of Healthcare

and Family Services, the State ombudsman, or the Illinois Department of Human

Services that are or will be providing care to the resident, or are considering

whether to do so; health care and social service providers licensed by the

Illinois Department of Financial and Professional Regulation who are or will be

providing care to the resident, or are considering whether to do so; health

care facilities and providers in other states that are licensed or regulated in

their home state and would be authorized to receive this information if they

were in Illinois.