2023 Illinois Compiled Statutes › Chapter 20 - EXECUTIVE BRANCH › 20 ILCS 1807/ - Illinois Code of Military Justice. › Part II - Apprehension And Restraint

(20 ILCS 1807/Pt. II heading)
PART II.  APPREHENSION AND RESTRAINT
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/7)
Sec. 7. Article 7. Apprehension.
(a) Apprehension is the taking of a person into custody.
(b)    Any person authorized by this Code or by Chapter 47 of Title 10, United States Code, or by regulations issued under either, to apprehend persons subject to this Code, any marshal of a court-martial appointed pursuant to the provisions of this Code, and any peace officer or civil officer having authority to apprehend offenders under the laws of the United States or of a state, may do so upon probable cause that an offense has been committed and that the person apprehended committed it.
(c)    Commissioned  officers,  warrant  officers,  petty  officers,  and  noncommissioned  officers have authority to quell quarrels, frays, and disorders among persons subject to this Code and to apprehend persons subject to this Code who take part therein.
(d)    If an offender is apprehended outside this State, the offender's return to the area must be in accordance with normal extradition procedures or by reciprocal agreement.
(e)    No person authorized by this Article to apprehend persons subject to this Code or the place where such offender is confined, restrained, held, or otherwise housed may require payment of any fee or charge for so receiving, apprehending, confining, restraining, holding, or otherwise housing a person except as otherwise provided by law.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/8)
Sec. 8. Article 8.  (Reserved).
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/9)
Sec. 9. Article 9.  Imposition of restraint.
(a)    Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing him to remain within certain specified limits.  Confinement is the physical restraint of a person.
(b)    An enlisted member may be ordered into arrest or confinement by any commissioned officer by an order, oral or written, delivered in person or through other persons subject to this Code.  A commanding officer may authorize warrant officers, petty officers, or noncommissioned officers to order enlisted members of the commanding officer's command or subject to the commanding officer's authority into arrest or confinement.
(c)    A commissioned officer, a warrant officer, or a civilian subject to this Code or to trial thereunder may be ordered into arrest or confinement only by a commanding officer to whose authority the person is subject, by an order, oral or written, delivered in person or by another commissioned officer.  The authority to order such persons into arrest or confinement may not be delegated.
(d)    No person subject to this Code may be ordered into arrest or confinement except for probable cause after coordination with a judge advocate officer unless impractical or not possible.
(e) This Article does not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/10)
Sec. 10. Article 10. Restraint of persons charged with offenses. Any person subject to this Code charged with an offense under this Code may be ordered into arrest or confinement, as circumstances may require.  When any person subject to this Code is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform the person of the specific wrong of which the person is accused and diligent steps shall be taken to try the person or to dismiss the charges and release the person.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/11)
Sec. 11. Article 11. Place of confinement; reports and receiving of prisoners.
(a) If a person subject to this Code is confined before, during, or after trial, confinement shall be in a civilian county jail, a Department of Corrections facility, or a military confinement facility.
(b)    No person, Sheriff, or individual in a Department of Corrections facility authorized to receive prisoners pursuant to subsection (a) may refuse to receive or keep any prisoner committed to the person's charge by a commissioned officer of the State military forces, when the committing officer furnishes a statement, signed by such officer, of the offense charged or conviction obtained against the prisoner, unless otherwise authorized by law.
(c)    Every person authorized to receive prisoners pursuant to subsection (a) to whose charge a prisoner is committed shall, within 24 hours after that commitment or as soon as the person is relieved from guard, report to the commanding officer of the prisoner the name of the prisoner, the offense charged against the prisoner, and the name of the person who ordered or authorized the commitment.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/12)
Sec. 12. Article 12. Confinement with enemy prisoners prohibited.  No member of the State military forces may be placed in confinement in immediate association with enemy prisoners or other foreign nationals not members of the armed forces.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/13)
Sec. 13. Article 13. Punishment prohibited before trial. No person, while being held for trial or awaiting a verdict, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against the person, nor shall the  arrest  or  confinement  imposed  upon  such  person  be  any  more  rigorous  than  the circumstances required to ensure the person's presence, but the person may be subjected to minor punishment during that period for infractions of discipline.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/14)
Sec. 14. Article 14. Delivery of offenders to civil authorities.
(a) A  person  subject  to  this Code  accused  of  an  offense  against  civil  authority  may  be delivered, upon request, to the civil authority for trial or confinement.
(b) When delivery under this Article is made to any civil authority of a person undergoing sentence of a court-martial, the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial, and the offender after having answered to the civil authorities for the offense shall, upon the request of competent military authority, be returned to the place of original custody for the completion of the person's sentence.
(Source: P.A. 99-796, eff. 1-1-17.)