(750 ILCS 22/802)
Sec. 802. Conditions of rendition.
(a) Before making a demand that the governor of another state surrender an
individual charged criminally in this State with having failed to provide for
the support of an obligee, the Governor of this State may require a prosecutor
of this State to demonstrate that at least 60 days previously the obligee had
initiated proceedings for support pursuant to this Act or that the proceeding
would be of no avail.
(b) If, under this Act or a law substantially similar to this Act, the
Governor of another state makes a
demand that the governor of this State surrender an individual charged
criminally in that state with having failed to provide for the support of a
child or other individual to whom a duty of support is owed, the governor may
require a prosecutor to investigate the demand and report whether a proceeding
for support has been initiated or would be effective. If it appears that a
proceeding would be effective but has not
been initiated, the governor may delay honoring the demand for a
reasonable time to permit the initiation of a proceeding.
(c) If a proceeding for support has been initiated and
the individual whose rendition is demanded prevails, the governor
may decline to honor the demand. If the petitioner prevails and the
individual whose rendition is demanded is subject to a support order, the
governor may decline to honor the demand if the individual is complying
with the support order.
(Source: P.A. 99-119, eff. 1-1-16.)
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