Ill. Admin. Code tit. 95 § 400.230

Current through Register Vol. 48, No. 49, December 6, 2024

Section 400.230 - Delivery of Offenders to Civil Authorities

a)A person subject to the Code accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial or confinement. (Code Section 14(a))

b)When delivery under this Section 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. (Code Section 14(b))

c) The Adjutant General may authorize the delivery of a person pending court-martial proceedings under the Code to civil authorities for separate, unrelated offenses as alleged by the civil authority when presented with a warrant or similar court order for that person's arrest or delivery. The civil authority responsible for obtaining the warrant or similar court order must provide or arrange delivery to the appropriate receiving agency and pay or arrange payment for any costs incurred during the course of that delivery.

d) The Adjutant General shall authorize the delivery of a person pending court-martial proceedings under the Code to civil authorities for non-military offenses that have been charged by the civil authorities and that arise from the same allegations of misconduct that caused the person's pending court-martial proceedings under the Code. In this instance, Code Section 2(b) shall apply.

e) If a commanding officer receives a warrant or other court order demanding delivery of a person to civil authorities, that warrant or other court order must be forwarded to the Staff Judge Advocate and the Adjutant General immediately and within no more than 24 hours.

f) If a commanding officer receives a warrant or other court order demanding delivery of a person to civil authorities at a time when the person is present on a duty status and not under arrest or confinement under the Code, the commanding officer will order the person detained and will immediately, and within no more than 24 hours, notify the Staff Judge Advocate and the Adjutant General for confirmation and authority to deliver the person to civil authorities.

g) Nothing in this Manual limits the authority of federal or State law enforcement officials to apprehend persons, whether or not subject to trial by court-martial, to the extent permitted by applicable statutes and other laws.

Ill. Admin. Code tit. 95, § 400.230

Adopted at 41 Ill. Reg. 11931, effective 9/14/2017.