Sec. 5. (a) Upon completion of the evaluation prescribed in section 4 of this chapter, the department shall assign the offender to a facility or program; make an initial education, training, employment, or other assignment within that facility or program; and order medical, psychiatric, psychological, or other services it considers appropriate. In making the assignment, the department shall, among other relevant information, consider:

(1) the results of the evaluation prescribed in section 4 of this chapter;

(2) the recommendations of the committing court;

(3) the offender's need for special therapy or programs, including education, training, or employment available only in specific facilities or programs;

(4) the degree and type of custodial control necessary for the protection of the public, staff, other committed offenders, and the individual being considered;

(5) the likelihood of the offender's reintegration into the community in which the facility or program is located;

(6) the desirability of keeping the offender in a facility or program near the area in which he resided before commitment;

(7) the desires of the offender and his parents, guardian, or custodian;

(8) the current population levels of the facilities or programs considered appropriate for the offender; and

(9) the probable length of commitment.

(b) If the department determines that a committed offender is mentally or physically incapacitated to such an extent that proper custody, care, and control cannot be provided by the department, it shall make arrangements for placement outside the department.

(c) If an offender is found to be pregnant, the department may return her to the committing court for further disposition.

(d) Before assigning an offender to a facility or program, the department shall give him an opportunity to present pertinent information, discuss with him all aspects of the evaluation and assignment process, and work with him to determine a fair and appropriate assignment.

(e) The department shall, by certified mail, return receipt requested, notify the parent, guardian, custodian, or nearest relative of any committed offender of his physical location and any change in that location.

(f) This section does not preclude the temporary assignment of an offender pending evaluation.

As added by Acts 1979, P.L.120, SEC.3.