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.

405 ILCS 10/1

(405 ILCS 10/1) (from Ch. 91 1/2, par. 121)

Sec. 1.

That this Act may be cited as the Uniform Act for the Extradition of Persons of Unsound Mind.

(Source: Laws 1917, p. 345.)

405 ILCS 10/2

(405 ILCS 10/2) (from Ch. 91 1/2, par. 122)

Sec. 2.

The terms "flight" and "fled" as used in this act, shall be
construed to mean any voluntary or involuntary departure from the
jurisdiction of the court where the proceedings hereinafter mentioned may
have been instituted and are still pending, with the effect of avoiding,
impeding or delaying the action of the court in which such proceedings may
have been instituted or be pending, or any such departure from the state
where the person demanded then was, if he then was under detention by law
as a person of unsound mind and subject to detention. The word "state"
wherever used in this act shall include states, territories, districts and
insular and other possessions of the United States. As applied to a request
to return any person within the purview of this act to or from the District
of Columbia, the words "executive authority," "Governor" and "Chief
Magistrate" respectively shall include a justice of the Supreme Court of
the District of Columbia and other authority.

(Source: Laws 1917, p. 345.)

405 ILCS 10/3

(405 ILCS 10/3) (from Ch. 91 1/2, par. 123)

Sec. 3.

A person alleged to be of unsound mind found in this State, who has
fled from another state in which, at the time of his flight:

(a) he was under detention by law in a hospital,

asylum or other institution for the insane as a person of unsound mind, or

(b) he had been theretofore determined by legal

proceedings to be of unsound mind, the finding being unreversed and in full force and effect, and the control of his person having been acquired by a court of competent jurisdiction of the state from which he fled, or

(c) he was subject to detention in such state, being

then his legal domicile (personal service of process having been made) based on legal proceedings there pending to have him declared of unsound mind,

shall, on demand of the executive authority of the state from which he fled, be
delivered up to be removed thereto.

(Source: P.A. 91-357, eff. 7-29-99.)

405 ILCS 10/4

(405 ILCS 10/4) (from Ch. 91 1/2, par. 124)

Sec. 4.

Whenever the executive authority of any state demands of the
executive authority of this state, any fugitive within the purview of
section 3 and produces a copy of the commitment, judgment or other judicial
process and proceedings, certified as authentic by the Governor or chief
magistrate of the state whence the person so charged has fled, with an
affidavit made before a proper officer showing the person to be such a
fugitive, it shall be the duty of the executive authority of this state to
cause him to be apprehended and secured, if found in this state, and to
cause immediate notice of the apprehension to be given to the executive
authority making such demand, or to the agent of such authority appointed
to receive the fugitive, and to cause the fugitive to be delivered to such
agent when he shall appear. If no such agent appears within 30 days
from the time of the apprehension, the fugitive may be discharged. All
costs and expenses incurred in the apprehending, securing, maintaining and
transmitting such fugitive to the state making such demand, shall be paid
by such state. Any agent so appointed who receives the fugitive into his
custody shall be empowered to transmit him to the state from which he has
fled. The executive authority of this state is hereby vested with the
power, on the application of any person interested, to demand the return to
this state of any fugitive within the purview of this Act.

(Source: P.A. 84-545.)

405 ILCS 10/5

(405 ILCS 10/5) (from Ch. 91 1/2, par. 125)

Sec. 5.

Any proceedings under this act shall be begun within one year after
the flight referred to in this act.

(Source: Laws 1917, p. 345.)

405 ILCS 10/6

(405 ILCS 10/6) (from Ch. 91 1/2, par. 126)

Sec. 6.

This act shall be so interpreted and construed as to effectuate its
general purpose to make uniform the law of those states which enact it.

(Source: Laws 1917, p. 345.)