1. (a) In the absence of an order of the Court or the Board, no acquittee shall be involuntarily transferred from an nonmaximum security setting to a maximum secuirty setting unless the continued presence of the acquittee in a nonmaximum security setting poses an immediate threat to the safety or well-being of any person.

2. (b) The PSRB will hold a hearing on a transfer of an acquittee for whom a maximum security confinement order has not been issued by the Court or the Board which results in the confinement of the acquittee in a maximum security setting in the following cases:

   1. (1) A hearing will be held at the next regularly scheduled PSRB meeting date following a transfer if the acquittee does not voluntarily agree to the transfer and sign a waiver to a hearing.
   2. (2) A hearing will be held if the acquittee who voluntarily agreed to the transfer and waived the initial hearing remains in maximum security confinement for more than six months.
   3. (3) A hearing will be held if within the first six months of maximum security confinement an acquittee who voluntarily agreed to the transfer requests a transfer to a less restrictive setting and the Department of Mental Health staff or Commissioner of Mental Retardation does not recommend such a transfer.

3. (c) The Department of Mental Health or Commissioner of Mental Retardation will inform the PSRB in writing of all transfers of acquittees within seven days.

   1. (1) If an acquittee is voluntarily transferred to Whiting Forensic Institute, a copy of the voluntary consent and hearing waiver statement must be forwarded to the PSRB within seven days.
   2. (2) Notice to the PSRB of an involuntary transfer to Whiting Forensic Institute must be made by the next working day.
   3. (3) Transfers between hospitals of the same restrictive setting type may occur without any PSRB action. PSRB must be notified of the transfer within seven days.
4. (d) Where an acquittee has an order from the Court or the PSRB specifying confinement in a maximum security setting that acquittee cannot be transferred without approval of the PSRB or the Court.

(Effective May 21, 1992)