(725 ILCS 230/1) (from Ch. 38, par. 157-21)
Sec. 1.
Arrest
of Accused Person Illegally in State.
(a) If a person who has been charged with crime in another state and
released from custody prior to final judgment, including the final
disposition of any appeal, is alleged to have violated the terms and
conditions of his release, and is present in this State, a designated agent
of the court, judge, or magistrate which authorized the release may request
the issuance of a warrant for the arrest of the person and an order
authorizing his return to the demanding court, judge, or magistrate. Before
the warrant is issued, the designated agent must file with the circuit
court the following documents:
(1) an affidavit stating the name and whereabouts of the person whose
removal is sought, the crime with which the person was charged, the time
and place of the crime charged, and the status of the proceedings against
him;
(2) a certified copy of the order or other document specifying the terms
and conditions under which the person was released from custody; and
(3) a certified copy of an order of the demanding court, judge, or
magistrate stating the manner in which the terms and the conditions of the
release have been violated and designating the affiant its agent for
seeking removal of the person.
(b) Upon initially determining that the affiant is a designated agent of
the demanding court, judge, or magistrate, and that there is probable cause
for believing that the person whose removal is sought has violated the
terms or conditions of his release, the circuit court shall issue a warrant
to a law enforcement officer of this State for the person's arrest.
(c) The circuit court shall notify the State's Attorney of its action
and shall direct him to investigate the case to ascertain the validity of
the affidavits and documents required by subsection (a) and the identity
and authority of the affiant.
(Source: P.A. 77-1282.)
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(725 ILCS 230/2) (from Ch. 38, par. 157-22)
Sec. 2.
Hearing
and Right to Counsel.
(a) The person whose removal is sought shall be brought before the
circuit court immediately upon arrest pursuant to the warrant; whereupon
such circuit court shall set a time and place for hearing, and shall advise
the person of his right to have the assistance of counsel, to confront the
witnesses against him, and to produce evidence in his own behalf at the
hearing.
(b) The person whose removal is sought may at this time in writing waive
the hearing and agree to be returned to the demanding court, judge or
magistrate. If a waiver is executed, the circuit court shall issue an order
pursuant to Section 3 of this Act.
(c) The circuit court may impose conditions of release authorized by the
laws of this State which will reasonably assure the appearance at the
hearing of the person whose removal is sought.
(Source: P.A. 77-1282.)
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(725 ILCS 230/3) (from Ch. 38, par. 157-23)
Sec. 3.
Order of
return to Demanding Court.
The State's Attorney shall appear at the hearing and report to the
circuit court the results of his investigation. If the circuit court finds
that the affiant is a designated agent of the demanding court, judge, or
magistrate and that the person whose removal is sought was released from
custody by the demanding court, judge or magistrate and that the person has
violated the terms or conditions of his release, the circuit court shall
issue an order authorizing the return of the person to the custody of the
demanding court, judge, or magistrate forthwith.
(Source: P.A. 77-1282.)
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(725 ILCS 230/4) (from Ch. 38, par. 157-24)
Sec. 4.
Severability.
If any provision of this Act or the application thereof to any person or
circumstance is held invalid, the invalidity does not affect other
provisions or applications of the Act which can be given effect without the
invalid provision or application, and to this end the provisions of this
Act are severable.
(Source: P.A. 76-1189.)
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(725 ILCS 230/5) (from Ch. 38, par. 157-25)
Sec. 5.
Uniformity of Interpretation.
This Act shall be so construed as to effectuate its general purpose to
make uniform the law of those states which enact it.
(Source: P.A. 76-1189.)
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(725 ILCS 230/6) (from Ch. 38, par. 157-26)
Sec. 6.
Short
Title.
This Act may be cited as the Uniform Rendition of Accused Persons Act.
(Source: P.A. 76-1189.)
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