Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart B - APPREHENSION AND RESTRAINT › Section 400.215 - Place of Confinement; Reports and Receiving of Prisoners

Current through Register Vol. 48, No. 28, July 12, 2024
a)
If a
				person subject to
the
Code is confined before, during or after
				trial, confinement shall be in a county jail,
an Illinois
Department of Corrections
(DOC)
facility
,
or in a military confinement facility
. (Code Section
				11(a))
b)
No person,
				sheriff
or
DOC personnel
authorized to receive
				prisoners
under
subsection (a) may refuse to receive or keep
				any prisoner committed to the person's charge by a commissioned
SMF
officer
who
furnishes a statement, signed
by
				that
officer, of the offense charged or conviction obtained against the
				prisoner, unless otherwise authorized by law
. (Code Section
				11(b))
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.
(Code Section 11(c))
d)
				Transportation from Confinement to Proceedings Under the Code. When a person is
				subject to pretrial restraint under the Code and this Manual, the person's
				constitutional right to appear at proceedings must be protected. Towards that
				end, a person confined under this Manual must be transported to and from courts
				of inquiry, arraignment, pretrial hearings, motions arguments, court-martial,
				sentencing, and any other legal proceeding at which the person has a right to
				attend, unless circumstances are such that the SMF is manifestly unable to
				provide for that attendance, or unless the person flees from proceedings.
				Transportation shall occur in the following manner:
1) The peace officers, correctional officers,
				agents, employees or service members tasked with transportation of prisoners at
				the county jail, a DOC facility, or military confinement facility at which the
				person is confined shall transport the person subject to the Code to and from
				any legal proceeding the person has a right to attend, unless circumstances are
				reasonably such that the peace officers, correctional officers, agents,
				employees or service members are manifestly unable to transport the
				person;
2) If the peace officers,
				correctional officers, agents, employees or service members are manifestly
				unable to transport the confined person, military police shall transport the
				person to and from legal proceedings the person has a right to attend, unless
				circumstances are reasonably such that the military police officers are
				manifestly unable to transport the person; and
3) If the military police are manifestly
				unable to transport the person, the SMF may contract with a prisoner
				transportation service company to provide appropriate transportation services
				to and from any legal proceedings the person has a right to attend.