ILCS » Chapter 730 · Act 125
Illinois Compiled Statutes

730 ILCS 125/2 (2026)

The Sheriff of each county in this State shall be the warden of the jail of the county, and have the custody of all committed persons in the jail, except when otherwise provided in the "County Department of Corrections Act"

✓ current as of May 2026
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(730 ILCS 125/2) (from Ch. 75, par. 102)
    Sec. 2. The Sheriff of each county in this State shall be the warden of the jail of the county, and have the custody of all committed persons in the jail, except when otherwise provided in the "County Department of Corrections Act".
(Source: P.A. 103-745, eff. 1-1-25.)

    
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2005–2023 · 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). “Section 4 of the Act is titled “Receipt and Confinement of Prisoners” and provides, in part, that the jail warden “shall receive and confine in such jail, until discharged by due course of law, all persons committed to such jail by any competent authority.”
People v. Hunt, 886 N.E.2d 409 (Ill. App. Ct. 2008). “” See 730 ILCS 125/2, 4 (West 2002). The County Jail Act also prescribes the procedure for administrative transfers of pretrial detainees, like Hunt, when the facility is insufficient or when the prisoners’ lives or health is endangered.”
Richard Cacciola v. Matthew McFall, 561 F. App'x 535 (7th Cir. 2014). “Cacciola replies that under Illinois law, 730 ILCS 125/2, Cady was legally responsible for overseeing the jail.”
People v. Carrie, 832 N.E.2d 863 (Ill. App. Ct. 2005). “The State cites numerous statutes in support of this argument, including section 3 — 6017 of the Counties Code (55 ILCS 5/3 — 6017 (West 2002)) (vesting the sheriff with the care and custody of the county courthouse and jail), section 2 of the County Jail Act (730 ILCS 125/2…”
Just. v. Gann (C.D. Ill. 2023). “2001) (holding that the facility’s warden is the proper defendant to answer for claims regarding conditions of confinement and to carry out any injunctive relief granted); see also 730 ILCS 125/2 (“The Sheriff of each county in [the] State [of Illinois] shall be the warden of…”
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