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(735 ILCS 5/10-125)
(from Ch. 110, par. 10-125)
In all cases where the imprisonment is
for a criminal, or
supposed criminal matter, if it appears to the court that there
is sufficient legal cause for the commitment of the prisoner, although
such commitment may have been informally made, or without due authority,
or the process may have been executed by a person not duly authorized,
the court shall make a new commitment in proper form, and
direct it to the proper officer, or admit the party to pretrial release if the case
is eligible for pretrial release. The court shall also, when necessary, take the
recognizance of all material witnesses against the prisoner, as in other
cases. The recognizances shall be in the form provided by law, and
returned as other recognizances. If any judge shall neglect or refuse to
bind any such prisoner or witness by recognizance, or to return a
recognizance when taken as hereinabove stated, he or she shall be guilty of a
Class A misdemeanor in office, and be proceeded against accordingly.
(Source: P.A. 101-652, eff. 1-1-23