Illinois General Assembly - Illinois Compiled Statutes

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

730 ILCS 125/14

    (730 ILCS 125/14) (from Ch. 75, par. 114)
    (Text of Section before amendment by P.A. 103-745)
    Sec. 14.

At any time, in the opinion of the Warden, the lives or health
of the prisoners are endangered or the security of the penal institution is threatened, to such a degree as to render their removal
necessary, the Warden may cause an individual prisoner or a group of prisoners to be removed to some suitable
place within the county, or to the jail of some convenient county, where
they may be confined until they can be safely returned to the place whence
they were removed.  No prisoner charged with a felony shall be removed by
the warden to a Mental Health or Developmental Disabilities facility as
defined in the Mental Health and Developmental Disabilities Code, except as
specifically authorized by Article 104 or 115 of the Code of Criminal Procedure of
1963, or the Mental Health and Developmental Disabilities Code.  Any place
to which the prisoners are so removed shall,
during their imprisonment there, be deemed, as to such prisoners, a prison
of the county in which they were originally confined; but, they shall be
under the care, government and direction of the Warden of the jail of the
county in which they are confined. When any criminal detainee is transferred to the custody of the Department of Human Services, the warden shall supply the Department of Human Services with all of the legally available information as described in 20 Ill. Adm. Code 701.60(f).

When a criminal detainee is delivered to the custody of the Department, the following information must be included with the items delivered:

(1) the sentence imposed;
(2) any findings of great bodily harm made by

the court;

(3) any statement by the court on the basis

for imposing the sentence;

        (4) any presentence reports;
        (5) any sex offender evaluations;
        (6) any substance abuse treatment eligibility

screening and assessment of the criminal detainee by an agent designated by the State to provide assessments for Illinois courts;

(7) the number of days, if any, which the

criminal detainee has been in custody and for which he or she is entitled to credit against the sentence.  Certification of jail credit time shall include any time served in the custody of the Illinois Department of Human Services-Division of Mental Health or Division of Developmental Disabilities, time served in another state or federal jurisdiction, and any time served while on probation or periodic imprisonment;

(8) State's Attorney's statement of facts,

including the facts and circumstances of the offenses for which the criminal detainee was committed, any other factual information accessible to the State's Attorney prior to the commitment to the Department relative to the criminal detainee's habits, associates, disposition, and reputation or other information that may aid the Department during the custody of the criminal detainee.  If the statement is unavailable at the time of delivery, the statement must be transmitted within 10 days after receipt by the clerk of the court;

(9) any medical or mental health records or

summaries;

(10) any victim impact statements;
(11) name of municipalities where the arrest

of the criminal detainee and the commission of the offense occurred, if the municipality has a population of more than 25,000 persons;

(12) all additional matters that the court

directs the clerk to transmit;

(13) a record of the criminal detainee's time

and his or her behavior and conduct while in the custody of the county.  Any action on the part of the criminal detainee that might affect his or her security status with the Department, including, but not limited to, an escape attempt, participation in a riot, or a suicide attempt should be included in the record; and

(14) the mittimus or sentence (judgment)

order that provides the following information:

(A) the criminal case number, names and

citations of the offenses, judge's name, date of sentence, and, if applicable, whether the sentences are to be served concurrently or consecutively;

(B) the number of days spent in custody;

and

(C) if applicable, the calculation of

pre-trial program sentence credit awarded by the court to the criminal detainee, including, at a minimum, identification of the type of pre-trial program the criminal detainee participated in and the number of eligible days the court finds the criminal detainee spent in the pre-trial program multiplied by the calculation factor of 0.5 for the total court-awarded credit.

(Source: P.A. 99-215, eff. 7-31-15.)

(Text of Section after amendment by P.A. 103-745)
Sec. 14.

At any time, in the opinion of the Warden, the lives or health of the committed persons are endangered or the security of the penal institution is threatened, to such a degree as to render their removal necessary, the Warden may cause an individual committed person or a group of committed persons to be removed to some suitable place within the county, or to the jail of some convenient county, where they may be confined until they can be safely returned to the place whence they were removed. No committed person charged with a felony shall be removed by the warden to a Mental Health or Developmental Disabilities facility as defined in the Mental Health and Developmental Disabilities Code, except as specifically authorized by Article 104 or 115 of the Code of Criminal Procedure of 1963, or the Mental Health and Developmental Disabilities Code. Any place to which the committed persons are so removed shall, during their imprisonment there, be deemed, as to such committed persons, a prison of the county in which they were originally confined; but, they shall be under the care, government and direction of the Warden of the jail of the county in which they are confined. When any criminal detainee is transferred to the custody of the Department of Human Services, the warden shall supply the Department of Human Services with all of the legally available information as described in 20 Ill. Adm. Code 701.60(f). When a criminal detainee is delivered to the custody of the Department, the following information must be included with the items delivered:

(1) the sentence imposed;
(2) any findings of great bodily harm made by the

court;

(3) any statement by the court on the basis for

imposing the sentence;

        (4) any presentence reports;
        (5) any sex offender evaluations;
        (6) any substance abuse treatment eligibility

screening and assessment of the criminal detainee by an agent designated by the State to provide assessments for Illinois courts;

(7) the number of days, if any, which the criminal

detainee has been in custody and for which he or she is entitled to credit against the sentence. Certification of jail credit time shall include any time served in the custody of the Illinois Department of Human Services-Division of Mental Health or Division of Developmental Disabilities, time served in another state or federal jurisdiction, and any time served while on probation or periodic imprisonment;

(8) State's Attorney's statement of facts, including

the facts and circumstances of the offenses for which the criminal detainee was committed, any other factual information accessible to the State's Attorney prior to the commitment to the Department relative to the criminal detainee's habits, associates, disposition, and reputation or other information that may aid the Department during the custody of the criminal detainee. If the statement is unavailable at the time of delivery, the statement must be transmitted within 10 days after receipt by the clerk of the court;

        (9) any medical or mental health records or summaries;
        (10) any victim impact statements;
        (11) name of municipalities where the arrest of the

criminal detainee and the commission of the offense occurred, if the municipality has a population of more than 25,000 persons;

(12) all additional matters that the court directs

the clerk to transmit;

(13) a record of the criminal detainee's time and his

or her behavior and conduct while in the custody of the county. Any action on the part of the criminal detainee that might affect his or her security status with the Department, including, but not limited to, an escape attempt, participation in a riot, or a suicide attempt should be included in the record; and

(14) the mittimus or sentence (judgment) order that

provides the following information:

(A) the criminal case number, names and citations

of the offenses, judge's name, date of sentence, and, if applicable, whether the sentences are to be served concurrently or consecutively;

(B) the number of days spent in custody; and
(C) if applicable, the calculation of pre-trial

program sentence credit awarded by the court to the criminal detainee, including, at a minimum, identification of the type of pre-trial program the criminal detainee participated in and the number of eligible days the court finds the criminal detainee spent in the pre-trial program multiplied by the calculation factor of 0.5 for the total court-awarded credit.

(Source: P.A. 103-745, eff. 1-1-25.)