Illinois Compiled Statutes
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CORRECTIONS730 ILCS 5/Ch. III Art. 8
(730 ILCS 5/) Unified Code of Corrections.
(730 ILCS 5/Ch. III Art. 8 heading)
ADULT INSTITUTIONAL PROCEDURES
730 ILCS 5/3-8-1
(730 ILCS 5/3-8-1)
(from Ch. 38, par. 1003-8-1)
(a) The Department shall establish one or more receiving stations for
committed persons and for persons transferred under Section 3-10-11 and
shall advise the sheriffs of the several counties of the location of such
stations. In the execution of the mittimus or order for the commitment or
transfer of a person to the Department, the sheriff shall deliver such
person to the nearest receiving station of the Department. The sheriff
shall also convey with such person at the time of delivery, the items under
Section 5-4-1, and a record of the person's time, his behavior and conduct
while under the sheriff's custody.
(b) The Department shall verify the identity of the person delivered
before accepting custody and shall require delivery of the items under
paragraph (a) of this Section or a statement of the reason why they cannot
(c) The Department shall inventory and issue a receipt to such person
for all money and other personal property not permitted to the possession
of such person.
(Source: P.A. 78-255.)
730 ILCS 5/3-8-2
(730 ILCS 5/3-8-2)
(from Ch. 38, par. 1003-8-2)
Social Evaluation; physical examination; HIV/AIDS.
(a) A social evaluation shall be made of a
committed person's medical, psychological, educational and vocational condition
and history, including the use of alcohol and other drugs, the
circumstances of his offense, and such other information as the Department
may determine. The committed person shall be assigned to an institution or
facility in so far as practicable in accordance with the social evaluation.
Recommendations shall be made for medical, dental, psychiatric,
psychological and social service treatment.
(b) A record of the social evaluation shall be entered in the committed
person's master record file and shall be forwarded to the institution or
facility to which the person is assigned.
(c) Upon admission to a correctional institution each committed person
shall be given a physical examination. If he is suspected of having a
communicable disease that in the judgment of the Department medical
personnel requires medical isolation, the committed person shall remain in
medical isolation until it is no longer deemed medically necessary.
(d) Upon arrival at a reception and classification center or an inmate's final destination, the Department must provide the committed person with appropriate information in writing, verbally, by video or other electronic means concerning HIV and AIDS. The Department shall develop the informational materials in consultation with the Department of Public Health. At the same time, the Department also must offer the
committed person the option of being tested, with no copayment, for infection with human immunodeficiency virus (HIV). Pre-test information shall be provided to the committed person and informed consent obtained as required in subsection (q) of Section 3 and Section 5 of the AIDS Confidentiality Act. The Department may conduct opt-out HIV testing as defined in Section 4 of the AIDS Confidentiality Act. If the Department conducts opt-out HIV testing, the Department shall place signs in English, Spanish and other languages as needed in multiple, highly visible locations in the area where HIV testing is conducted informing inmates that they will be tested for HIV unless they refuse, and refusal or acceptance of testing shall be documented in the inmate's medical record. The Department shall follow procedures established by the Department of Public Health to conduct HIV testing and testing to confirm positive HIV test results. All testing must be conducted by medical personnel, but pre-test and other information may be provided by committed persons who have received appropriate training. The Department, in conjunction with the Department of Public Health, shall develop a plan that complies with the AIDS Confidentiality Act to deliver confidentially all positive or negative HIV test results to inmates or former inmates. Nothing in this Section shall require the Department to offer HIV testing to an inmate who is known to be infected with HIV, or who has been tested for HIV within the previous 180 days and whose documented HIV test result is available to the Department electronically. The
testing provided under this subsection (d) shall consist of a test approved by the Illinois Department of Public Health to determine the presence of HIV infection, based upon recommendations of the United States Centers for Disease Control and Prevention. If the test result is positive, a reliable supplemental test based upon recommendations of the United States Centers for Disease Control and Prevention shall be
(Source: P.A. 97-244, eff. 8-4-11; 97-323, eff. 8-12-11; 97-813, eff. 7-13-12; 98-1046, eff. 1-1-15
730 ILCS 5/3-8-3
(730 ILCS 5/3-8-3)
(from Ch. 38, par. 1003-8-3)
(a) Work, education and other program assignments shall be made in so
far as practicable in accordance with the social evaluation.
(b) The Director shall establish procedures for making and reviewing
(Source: P.A. 77-2097.)
730 ILCS 5/3-8-4
(730 ILCS 5/3-8-4)
(from Ch. 38, par. 1003-8-4)
(a) After the initial assignments under Sections 3-8-2 and 3-8-3, all
transfers of committed persons to another institution or facility shall be
reviewed and approved by a person or persons designated by the Director. A
record of each transfer and the reasons therefor shall be included in the
person's master record file.
(b) Transfers to facilities for psychiatric treatment and care within
the Department shall be made only after prior psychiatric examination and
certification to the Director that such transfer is required. Persons in
facilities for psychiatric treatment and care within the Department shall
be reexamined at least every 6 months. Persons found to no longer require
psychiatric treatment and care shall be transferred to other facilities of
(Source: P.A. 77-2097.)
730 ILCS 5/3-8-5
(730 ILCS 5/3-8-5)
(from Ch. 38, par. 1003-8-5)
Transfer to Department of Human Services.
(a) The Department shall cause inquiry and examination at
periodic intervals to ascertain whether any person committed to it may be
subject to involuntary admission, as defined in Section 1-119 of the Mental
Health and Developmental Disabilities Code, or meets the standard for judicial
admission as defined in Section 4-500 of the Mental Health and Developmental
Disabilities Code, or is an intoxicated person or a person with a substance use disorder as defined in the Substance Use Disorder Act. The Department may provide special psychiatric or psychological
or other counseling or treatment to such persons in a separate institution
within the Department, or the Director of the Department of Corrections
may transfer such persons other than intoxicated
persons or persons with substance use disorders to the Department of Human Services for observation, diagnosis and treatment, subject
to the approval
of the Director of the Department of Human Services, for a period of not more than 6 months, if the person
consents in writing to the transfer. The person shall be advised of his
right not to consent, and if he does not consent, such transfer may be
effected only by commitment under paragraphs (c) and (d) of this Section.
(b) The person's spouse, guardian or nearest relative and his attorney
of record shall be advised of their right to object, and if objection is
made, such transfer may be effected only by commitment under paragraph (c)
of this Section. Notices of such transfer shall be mailed to such person's
spouse, guardian or nearest relative and to the attorney of record marked
for delivery to addressee only at his last known address by certified mail
with return receipt requested together with written notification of the
manner and time within which he may object thereto.
(c) If a committed person does not consent to his transfer to the Department
of Human Services or if a
person objects under
paragraph (b) of this Section, or if the Department of Human Services determines that a transferred
commitment to the Department of Human Services
for more than 6 months, or if the person's sentence will expire within 6
months, the Director of the Department of Corrections shall file a petition
in the circuit court of the county in which the correctional institution
or facility is located requesting the transfer of such person to the
Department of Human Services. A certificate
of a psychiatrist, clinical psychologist or, if
admission to a developmental disability facility is sought, of a
physician that the person is in need of commitment to the
Department of Human Services for treatment
or habilitation shall be attached to the petition. Copies of the
petition shall be furnished to the named person and to the state's
attorneys of the county in which the correctional institution or facility
is located and the county in which the named person was committed to the
Department of Corrections.
(d) The court shall set a date for a hearing on the petition within the
time limit set forth in the Mental Health and Developmental Disabilities
Code. The hearing shall be conducted in the manner prescribed by the Mental
Health and Developmental Disabilities Code. If the person is found to be
in need of commitment to the Department of Human Services for treatment or habilitation, the
court may commit him to
(e) Nothing in this Section shall limit the right of the Director or the
chief administrative officer of any institution or facility to utilize the
emergency admission provisions of the Mental Health and Developmental
Disabilities Code with respect to any person in his custody or care. The
transfer of a person to an institution or facility of the Department of Human
Services under paragraph (a)
of this Section does not discharge the person from the control of the
(Source: P.A. 100-759, eff. 1-1-19
730 ILCS 5/3-8-6
(730 ILCS 5/3-8-6)
(from Ch. 38, par. 1003-8-6)
Return and Release from Department of Human Services.
(a) The Department of
shall return to the Department of Corrections any person committed to it
under Section 3-8-5, whose sentence has not expired and whom the Department of
Human Services deems no
longer subject to involuntary admission, or no longer meets the standard for
(b) If a person returned to the Department of Corrections under paragraph
(a) of this Section is eligible for parole and has not had a parole hearing
within the preceding 6 months, he shall have a parole hearing within 45
days after his return.
(c) The Department of Corrections shall notify the Secretary of Human
Services of the expiration of the sentence of
any person transferred to the Department of Human Services under Section 3-8-5. If the Department of
Human Services determines that a person transferred to it under
paragraph (a) of Section 3-8-5 requires further hospitalization, it shall
file a petition for the involuntary or judicial admission of such person
under the Mental Health and Developmental Disabilities Code.
(d) The Department of Human Services shall
release under the Mental Health and Developmental Disabilities Code, any
person transferred to it under paragraph (c) of Section 3-8-5, whose sentence
and parole term have expired and whom the Department of Human Services deems no longer subject to
involuntary admission, or no longer meets the standard for judicial admission.
(Source: P.A. 89-507, eff. 7-1-97.)
730 ILCS 5/3-8-7
(730 ILCS 5/3-8-7)
(from Ch. 38, par. 1003-8-7)
(a) All disciplinary action shall be consistent with this
Chapter. Rules of
behavior and conduct, the penalties for violation thereof,
and the disciplinary procedure by which such penalties may
be imposed shall be available to committed persons.
(b)(1) Corporal punishment and disciplinary
restrictions on diet, medical or sanitary facilities, mail or access to legal
(c) Review of disciplinary action imposed under this
Section shall be provided by means of the grievance
procedure under Section 3-8-8. The Department shall provide a disciplined
person with a review of his or her disciplinary action in a timely manner as
required by law.
(d) All institutions and facilities of the Department of Corrections shall establish, subject to the approval of the
Director, procedures for hearing disciplinary cases except
those that may involve the imposition of disciplinary
segregation and isolation; the loss of good time credit under Section
3-6-3 or eligibility to earn good time credit.
(e) In disciplinary cases which may involve the imposition
of disciplinary segregation and isolation, the loss of good time credit or
eligibility to earn good time credit, the Director shall establish disciplinary
procedures consistent with the following principles:
(1) Any person or persons who initiate a disciplinary
charge against a person shall not determine the disposition of the charge. The Director may establish one or more disciplinary boards to hear and determine charges.
(2) Any committed person charged with a violation of
Department rules of behavior shall be given notice of the charge including a statement of the misconduct alleged and of the rules this conduct is alleged to violate.
(3) Any person charged with a violation of rules is
entitled to a hearing on that charge at which time he shall have an opportunity to appear before and address the person or persons deciding the charge.
(4) The person or persons determining the disposition
of the charge may also summon to testify any witnesses or other persons with relevant knowledge of the incident.
(5) If the charge is sustained, the person charged is
entitled to a written statement of the decision by the persons determining the disposition of the charge which shall include the basis for the decision and the disciplinary action, if any, to be imposed.
(Source: P.A. 97-1083, eff. 8-24-12.)
730 ILCS 5/3-8-7.5
(730 ILCS 5/3-8-7.5)
(a) An inmate shall not correspond with a victim or member of a victim's
family upon being given notice by the Department that the person has notified
the Department that he or she does not wish correspondence from the inmate.
(b) The victim or family member of the victim may give notice to the
Department of his or her desire not to receive correspondence as provided in
this Section and may do so at the time of sentencing or at any time during the
period of incarceration of the inmate by the Department. After receipt of the
notice, the Department shall not knowingly forward any mail addressed to a
victim or family member of a victim named in the notice as not desiring
correspondence from a named inmate.
(c) At the time of any sentencing which results in the imposition of any
term of incarceration with the Department, the State's Attorney shall provide
the victim with written notification that the victim or a family member of the
victim at any time may notify the Department in writing of the person's desire
not to receive correspondence from the inmate convicted of the offense against
The notification provided by the State's Attorney shall inform the victim of
(1) that it is the duty of the person desiring not to
receive correspondence under this Section to notify the Department of any change of address if the person wants the restriction on mail to apply after a change of address; and
(2) that the notice to the Department is to include
the name of the person incarcerated, the name and number of the case resulting in the incarceration, and the inmate number, if known.
The State's Attorney shall assist the victim
in obtaining this information at any time during the incarceration.
(d) The Department shall notify the inmate that the victim or members of the
victim's family have provided notice to the Department that the persons do not
wish correspondence from that inmate during the incarceration.
(Source: P.A. 88-331.)
730 ILCS 5/3-8-8
(730 ILCS 5/3-8-8)
(from Ch. 38, par. 1003-8-8)
(a) The Director shall establish procedures to review the grievances of
committed persons. The Director may establish one or more administrative
review boards within the Department to review grievances. A committed
person's right to file grievances shall not be restricted. Such procedure
shall provide for the review of grievances by a person or persons other
than the person or persons directly responsible for the conditions or
actions against which the grievance is made.
(b) Such procedures shall provide that a record of such grievance and
any decision made with respect to it shall be preserved for a period of one
(c) Such procedures shall allow committed persons to communicate
grievances directly to the Director or some person designated by the
Director outside of the institution or facility where the person is
(d) All committed persons shall be informed of the grievance procedures
established by the Department and they shall be available to all committed
(e) Discipline shall not be imposed because of use of the grievance
(Source: P.A. 77-2097.)
730 ILCS 5/3-8-9
(730 ILCS 5/3-8-9)
(from Ch. 38, par. 1003-8-9)
Agreement on Detainers.
(a) The Agreement on
Detainers is hereby enacted into law and
entered into by this State with all other jurisdictions legally joining
therein in the form substantially as follows:
The party states find that charges outstanding against a prisoner,
detainers based on untried indictments, informations or complaints, and
difficulties in securing speedy trial of persons already incarcerated in
other jurisdictions, produce uncertainties which obstruct programs of
prisoner treatment and rehabilitation. Accordingly, it is the policy of the
party states and the purpose of this agreement to encourage the expeditious
and orderly disposition of such charges and determination of the proper
status of any and all detainers based on untried indictments, informations
or complaints. The party states also find that proceedings with reference
to such charges and detainers, when emanating from another jurisdiction,
cannot properly be had in the absence of cooperative procedures. It is the
further purpose of this agreement to provide such cooperative procedures.
As used in this agreement:
(a) "State" shall mean a state of the United States; the United States
of America; a territory or possession of the United States; the District of
Columbia; the Commonwealth of Puerto Rico.
(b) "Sending state" shall mean a state in which a prisoner is
incarcerated at the time that he initiates a request for final disposition
pursuant to Article III hereof or at the time that a request for custody or
availability is initiated pursuant to Article IV hereof.
(c) "Receiving state" shall mean the state in which trial is to be had
on an indictment, information or complaint pursuant to Article III or
Article IV hereof.
(a) Whenever a person has entered upon a term of imprisonment in a penal
or correctional institution of a party state, and whenever during the
continuance of the term of imprisonment there is pending in any other party
state any untried indictment, information or complaint on the basis of
which a detainer has been lodged against the prisoner, he shall be
brought to trial within 180 days after he shall have caused to
be delivered to the
prosecuting officer and the appropriate court of the prosecuting officer's
jurisdiction written notice of the place of his imprisonment and his
request for a final disposition to be made of the indictment, information
or complaint: provided that for a good cause shown in open court, the
prisoner or his counsel being present, the court having jurisdiction of the
matter may grant any necessary or reasonable continuance. The request of
the prisoner shall be accompanied by a certificate of the appropriate
official having custody of the prisoner, stating the term of commitment
under which the prisoner is being held, the time already served, the time
remaining to be served on the sentence, the amount of good time earned,
the time of parole eligibility of the prisoner, and any decisions of the
state parole agency relating to the prisoner.
(b) The written notice and request for final disposition referred to in
paragraph (a) hereof shall be given or sent by the prisoner to the warden,
commissioner of corrections or other official having custody of him, who
shall promptly forward it together with the certificate to the appropriate
prosecuting official and court by registered or certified mail, return
(c) The warden, commissioner of corrections or other official having
custody of the prisoner shall promptly inform him of the source and
contents of any detainer lodged against him and shall also inform him of
his right to make a request for final disposition of the indictment,
information or complaint on which the detainer is based.
(d) Any request for final disposition made by a prisoner pursuant to
paragraph (a) hereof shall operate as a request for final disposition of
all untried indictments, informations or complaints on the basis of which
detainers have been lodged against the prisoner from the state to whose
prosecuting official the request for final disposition is specifically
directed. The warden, commissioner of corrections or other official having
custody of the prisoner shall forthwith notify all appropriate prosecuting
officers and courts in the several jurisdictions within the state to which
the prisoner's request for final disposition is being sent of the
proceeding being initiated by the prisoner. Any notification sent pursuant
to this paragraph shall be accompanied by copies of the prisoner's written
notice, request, and the certificate. If trial is not had on any
indictment, information or complaint contemplated hereby prior to the
return of the prisoner to the original place of imprisonment, such
indictment, information or complaint shall not be of any further force or
effect, and the court shall enter an order dismissing the same with
(e) Any request for final disposition made by a prisoner pursuant to
paragraph (a) hereof shall also be deemed to be a waiver of extradition
with respect to any charge or proceeding contemplated thereby or included
therein by reason of paragraph (d) hereof, and a waiver of extradition to
the receiving state to serve any sentence there imposed upon him, after
completion of his term of imprisonment in the sending state. The request
for final disposition shall also constitute a consent by the prisoner to
the production of his body in any court where his presence may be
required in order to effectuate the purposes of this agreement and a further
consent voluntarily to be returned to the original place of imprisonment in
accordance with the provisions of this agreement. Nothing in this paragraph
shall prevent the imposition of a concurrent sentence if otherwise
permitted by law.
(f) Escape from custody by the prisoner subsequent to his execution of
the request for final disposition referred to in paragraph (a) hereof shall
void the request.
(a) The appropriate officer of the jurisdiction in which an untried
indictment, information or complaint is pending shall be entitled to have a
prisoner against whom he has lodged a detainer and who is serving a term
of imprisonment in any party state made available in accordance with
Article V (a) hereof upon presentation of a written request for
temporary custody or
availability to the appropriate authorities of the state in which the
prisoner is incarcerated: provided that the court having jurisdiction of
such indictment, information or complaint shall have duly approved,
recorded and transmitted the request: and provided further that there shall
be a period of 30 days after receipt by the appropriate authorities before
the request be honored, within which period the governor of the sending
state may disapprove the request for temporary custody or availability,
either upon his own motion or upon motion of the prisoner.
(b) Upon receipt of the officer's written request as provided in
paragraph (a) hereof, the appropriate authorities having the prisoner in
custody shall furnish the officer with a certificate stating the term of
commitment under which the prisoner is being held, the time already served,
the time remaining to be served on the sentence, the amount of good time
earned, the time of parole eligibility of the prisoner, and any decisions
of the state parole agency relating to the prisoner. Said authorities
simultaneously shall furnish all other officers and appropriate courts in
the receiving state who have lodged detainers against the prisoner with
similar certificates and with notices informing them of the request for
custody or availability and of the reasons therefor.
(c) In respect of any proceeding made possible by this Article, trial
shall be commenced within 120 days of the arrival of the prisoner in the
receiving state, but for good cause shown in open court, the prisoner or
his counsel being present, the court having jurisdiction of the matter
may grant any necessary or reasonable continuance.
(d) Nothing contained in this Article shall be construed to deprive any
prisoner of any right which he may have to contest the legality of his
delivery as provided in paragraph (a) hereof, but such delivery may not be
opposed or denied on the ground that the executive authority of the sending
state has not affirmatively consented to or ordered such delivery.
(e) If trial is not had on any indictment, information or complaint
contemplated hereby prior to the prisoner's being returned to the original
place of imprisonment pursuant to Article V (e) hereof, such indictment,
information or complaint shall not be of any further force or effect, and
the court shall enter an order dismissing the same with prejudice.
(a) In response to a request made under Article III or Article IV
hereof, the appropriate authority in a sending state shall offer to deliver
temporary custody of such prisoner to the appropriate authority in the
state where such indictment, information or complaint is pending against
such person in order that speedy and efficient prosecution may be had. If
the request for final disposition is made by the prisoner, the offer of
temporary custody shall accompany the written notice provided for in
Article III of this agreement. In the case of a federal prisoner, the
appropriate authority in the receiving state shall be entitled to temporary
custody as provided by this agreement or to the prisoner's presence in
federal custody at the place for trial, whichever custodial arrangement
may be approved by the custodian.
(b) The officer or other representative of a state accepting an offer of
temporary custody shall present the following upon demand:
(1) Proper identification and evidence of his authority to act for the
state into whose temporary custody the prisoner is to be given.
(2) A duly certified copy of the indictment, information or complaint on
the basis of which the detainer has been lodged and on the basis of which
the request for temporary custody of the prisoner has been made.
(c) If the appropriate authority shall refuse or fail to accept
temporary custody of said person, or in the event that an action on the
indictment, information or complaint on the basis of which the detainer has
been lodged is not brought to trial within the period provided in Article
III or Article IV hereof, the appropriate court of the jurisdiction where
the indictment, information or complaint has been pending shall enter an
order dismissing the same with prejudice, and any detainer based thereon
shall cease to be of any force or effect.
(d) The temporary custody referred to in this agreement shall be only
for the purpose of permitting prosecution on the charge or charges
contained in one or more untried indictments, informations or complaints
which form the basis of the detainer or detainers or for prosecution on
any other charge or charges arising out of the same transaction. Except for
his attendance at court and while being transported to or from any place at
which his presence may be required, the prisoner shall be held in a
suitable jail or other facility regularly used for persons awaiting
(e) At the earliest practicable time consonant with the purposes of this
agreement, the prisoner shall be returned to the sending state.
(f) During the continuance of temporary custody or while the prisoner is
otherwise being made available for trial as required by this agreement,
time being served on the sentence shall continue to run but good time shall
be earned by the prisoner only if, and to the extent that, the law and
practice of the jurisdiction which imposed the sentence may allow.
(g) For all purposes other than that for which temporary custody as
provided in this agreement is exercised, the prisoner shall be deemed to
remain in the custody of and subject to the jurisdiction of the sending
state and any escape from the temporary custody may be dealt with in the
same manner as an escape from the original place of imprisonment or in any
other manner permitted by law.
(h) From the time that a party state receives custody of a prisoner
pursuant to this agreement until such prisoner is returned to the territory
and custody of the sending state, the state in which the one or more
untried indictments, informations or complaints are pending or in which
trial is being had shall be responsible for the prisoner and shall also
pay all costs of transporting, caring for, keeping and returning the
prisoner. The provisions of this paragraph shall govern unless the states
concerned shall have entered into a supplementary agreement providing for
a different allocation of costs and responsibilities as between or among
themselves. Nothing herein contained shall be construed to alter or affect
any internal relationship among the departments, agencies and officers of
and in the government of a party state, or between a party state and its
subdivisions, as to the payment of costs, or responsibilities therefor.
(a) In determining the duration and expiration dates of the time periods
provided in Articles III and IV of this agreement, the running of said time
periods shall be tolled whenever and for as long as the prisoner is unable
to stand trial, as determined by the court having jurisdiction of the matter.
(b) No provision of this agreement, and no remedy made available by this
agreement, shall apply to any person who is adjudged to be mentally ill.
Each state party to this agreement shall designate an officer who,
acting jointly with like officers of other party states, shall promulgate
rules and regulations to carry out more effectively the terms and
provisions of this agreement, and who shall provide, within and without the
state, information necessary to the effective operation of this agreement.
This agreement shall enter into full force and effect as to a party
state when such state has enacted the same into law. A state party to this
agreement may withdraw herefrom by enacting a statute repealing the same.
However, the withdrawal of any state shall not affect the status of any
proceedings already initiated by inmates or by state officers at the time
such withdrawal takes effect, nor shall it affect their rights in respect
This agreement shall be liberally construed so as to effectuate its
purposes. The provisions of this agreement shall be severable and if any
phrase, clause, sentence or provision of this agreement is declared to be
contrary to the constitution of any party state or of the United States or
the applicability thereof to any government, agency, person or circumstance
is held invalid, the validity of the remainder of this agreement and the
applicability thereof to any government, agency, person or circumstance
shall not be affected thereby. If this agreement shall be held contrary to
the constitution of any state party hereto, the agreement shall remain in
full force and effect as to the remaining states and in full force and
effect as to the state affected as to all severable matters.
(b) "Appropriate court" as used in this Section with reference to the
courts of this State means circuit courts.
(c) All courts, departments, agencies, officers and employees of this
State and its political subdivisions are hereby directed to enforce the
Agreement on Detainers and to cooperate with one another and with other
party states in enforcing the agreement and effectuating its purpose.
(d) Section 3-6-4 shall apply to offenders while in the custody of
another state under this Section.
(e) It shall be lawful and mandatory upon the chief administrative
officer or other official in charge of a penal or correctional institution
in this State to give over the person of any inmate thereof whenever so
required by the operation of the Agreement on Detainers.
(f) The Director of the Department of Corrections shall be the officer
designated under Article VII of the Agreement on Detainers.
(g) Copies of this act shall, upon its approval, be transmitted to the
governor of each state, the attorney general and the administrator of
general services of the United States, and the council of State Governments.
(Source: P.A. 77-2097.)
730 ILCS 5/3-8-10
(730 ILCS 5/3-8-10)
(from Ch. 38, par. 1003-8-10)
Except for persons sentenced to death, subsection (b), (c) and (e) of
Section 103-5 of the Code of Criminal Procedure of 1963 shall also apply to
persons committed to any institution or facility or program of the Illinois
Department of Corrections who have untried complaints, charges or
indictments pending in any county of this State, and such person shall
include in the demand under subsection (b), a statement of the place of
present commitment, the term, and length of the remaining term, the charges
pending against him or her to be tried and the county of the
charges, and the
demand shall be addressed to the state's attorney of the county where he or she
charged with a copy to the clerk of that court and a copy to the chief
administrative officer of the Department of Corrections institution or
facility to which he or she is committed. The state's attorney shall then procure
the presence of the defendant for trial in his county by habeas
corpus. Additional time may be granted by the court for the process of
bringing and serving an order of habeas
corpus ad prosequendum. In
the event that the person is not brought to trial within the allotted
time, then the charge for which he or she has requested a speedy trial shall be
dismissed. The provisions of this Section do not apply to persons no longer committed to a facility or program of the Illinois Department of Corrections. A person serving a period of parole or mandatory supervised release under the supervision of the Department of Corrections, for the purpose of this Section, shall not be deemed to be committed to the Department.
(Source: P.A. 96-642, eff. 8-24-09.)