ILCS » Chapter 730 · Act 125
Illinois Compiled Statutes

730 ILCS 125/19.5 (2026)

Release of committed persons to law enforcement personnel or State's Attorney

✓ current as of May 2026
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(730 ILCS 125/19.5)
    Sec. 19.5. Release of committed persons 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 committed person and that the written request shall include the name of the individual authorized to take custody of the committed person, 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.
(Source: P.A. 103-745, eff. 1-1-25.)

    
Notes of Decisions
Cited in 4 cases, 2008–2010 · leading case: People v. Hunt, 914 N.E.2d 477 (Ill. 2009).
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People v. Hunt, 914 N.E.2d 477 (Ill. 2009). · cites it 7× “5 of the Act (730 ILCS 125/19.5 (West 2002)), the court held that a judicial order is required to transfer custody of a pretrial detainee from the sheriff to the police investigating an unrelated criminal matter.”
People v. Hunt, 886 N.E.2d 409 (Ill. App. Ct. 2008). · cites it 3× “5 of the County Jail Act provides that the sheriff may adopt and implement a written policy for the release of a person in custody to sworn law enforcement personnel or to the State’s Attorney for the purpose of investigating other criminal matters that are unrelated to the…”
People v. Hunt, 934 N.E.2d 1039 (Ill. App. Ct. 2010). “5 of the County Jail Act (730 ILCS 125/19.5 (West 2002)) and People v.”
People v. Hunt (Ill. App. Ct. 2010). “After the trial court entered its suppression order, the assistant State's Attorney filed a notice of substantial impairment and a notice of appeal from the trial court's February 22, 2006, order. Appellate Court’s Decision On March 27, 2008, this court affirmed the trial…”
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