If the judge is considering ordering the applicant’s transfer pursuant to 1° of II of Article 803-8, the judge will ask the prison administration to propose, as soon as possible, one or more establishments in which the defendant may be incarcerated, in accordance with the provisions of articles L. 112-3, L. 211-1, L. 211-2 and L. 211-3 of the Penitentiary Code, in conditions that respect human dignity.
The judge may only order the transfer of the person to one of the establishments proposed by the prison administration.
If the person is imprisoned in execution of a custodial sentence, the sentence enforcement judge shall ensure that this transfer does not excessively interfere with the right to respect for his family life, with regard to his family’s place of residence.