State of Illinois
Public Acts
92^nd General Assembly

Public Act 92-0304

SB21 Enrolled                                  LRB9202748MWcd

    AN ACT concerning county sheriffs.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  County  Jail  Act  is amended by adding
Section 19.5 as follows:

    (730 ILCS 125/19.5 new)
    Sec.  19.5.  Release  of  prisoners  to  law  enforcement
personnel or State's Attorney.  The  sheriff  may  adopt  and
implement a written policy that provides for the release of a
person  who is in the custody of the sheriff for any criminal
or  supposed  criminal  matter  to  sworn   law   enforcement
personnel  or  to  the  State's  Attorney  for the purpose of
furthering investigations  into  criminal  matters  that  are
unrelated to the criminal matter for which the person is held
in  custody.   The written policy must, at a minimum, require
that there be a written  request,  signed  by  an  authorized
agent  of  the  law  enforcement  agency  or State's Attorney
office, to take custody of the prisoner and that the  written
request  shall  include the name of the individual authorized
to take custody of the prisoner, the purpose and scope of the
criminal matter under investigation, and a statement  of  the
fact  that  the individual taking custody and agency they are
employed  by  understand  the  limitation  of  the  sheriff's
liability as described in this Act.  Upon the  release  of  a
person  to  law enforcement personnel or the State's Attorney
under written policy of the sheriff, the sheriff shall not be
liable for any injury of any kind, including but not  limited
to death, to either the person released or to any third party
that  occurs  during  the  time  period that the person is in
custody of other law enforcement  personnel  or  the  State's
Attorney unless the sheriff or a deputy sheriff, correctional
guard, lockup keeper, or county employee is guilty of willful
and wanton conduct that proximately caused the injury.

    Section  99.  Effective  date. This Act takes effect upon
becoming law.
    Passed in the General Assembly May 15, 2001.
    Approved August 09, 2001.