Rule 31.02 - PROCESSING RETURNS ON BENCH WARRANTS(a)Traffic and Misdemeanor Charges. (1) If a defendant is served with a bench warrant and taken into the custody of the Sheriff during regular work hours, and is charged with a traffic or misdemeanor offense only, said defendant shall be brought before the Court as follows: (i) If the warrant was issued by a judge assigned to the Misdemeanor Division, then the accused shall be brought before the bond court judge as soon as practicable. The bond court judge shall take any appropriate action and then set the matter on the call of the issuing judge on the next business day. [Code of Criminal Procedure 725 ILCS 5/109-1 ].(ii) If the warrant was issued by a judge not regularly assigned to the Felony or Misdemeanor Division, then the accused shall be taken before the judge sitting in Bond Court at the next available time.(2) If a defendant is served with a bench warrant and is taken into custody of the Sheriff during non-work hours and is charged with a traffic or misdemeanor offense only, said defendant shall be brought before the Court as follows: (i) If the bench warrant was issued by a judge not regularly assigned to the Misdemeanor Division, the defendant shall be taken before the judge sitting in Bond Court on the day the defendant is taken into custody, or if not practicable, on the following day.(ii) If the bench warrant was issued by a judge regularly assigned to the Misdemeanor Division, and a set bond appears in said warrant, the defendant shall be taken before the judge who issued the warrant. If said judge is unavailable, the defendant shall be taken before the judge sitting in Bond Court on the day the defendant is taken into custody, or if not practicable, on the following day. The bond court judge shall set the case for status on the assigned judge's next motion day or court day to hear such matters. If bond is not set on the warrant, the Bond Court judge will set a bond in accordance with 725 ILCS 5/110-5 Code of Criminal Procedure and set the case for status on the assigned judge's next motion day or court date set to hear such matters.
(b)Felony Charges. (1) If a defendant is served with a bench warrant and taken into custody of the Sheriff during regular working hours and charged with at least one felony, said defendant shall be brought before the Court as follows:(i) If the warrant was issued by a judge regularly assigned to the Felony Division, then the accused shall be brought before the judge who issued the warrant. If the judge who issued the warrant is absent or unable to act, then the accused shall be taken before the judge sitting in Bond Court at the next available time. [Code of Criminal Procedure 725 ILCS 5/109-2(a) ].(ii) If the warrant was issued by a judge not regularly assigned to the Felony Division, then the accused shall be taken before the judge sitting in Bond Court at the next available time.(2) If a defendant is served with a bench warrant and is taken into custody of the Sheriff during non-work hours, said defendant shall be brought before the Court as follows: (i) If the bench warrant was issued by a judge not regularly assigned to the Felony Division, the defendant shall be taken before the judge sitting in Bond Court on the day the defendant is taken into custody, or if not practicable, on the following day.(ii) If the bench warrant was issued by a judge regularly assigned to the Felony Division, and a set bond appears in said warrant, the defendant shall be taken before the judge who issued the warrant. If said judge is unavailable, the defendant shall be taken before the judge sitting in Bond Court on the day the defendant is taken into custody, or if not practicable, on the following day. The bond court judge shall set the case for status on the assigned judge's next motion day or court date set to hear such matters. However, where the bond has been set as "no bond", the defendant shall be held without bail and brought before the judge who issued the warrant or to whom the case is assigned on the next available date, in accordance with 725 ILCS 5/110-3. If bond is not set on the warrant, the Bond Court judge will set a bond in accordance with 725 ILCS 5/110-5 Code of Criminal Procedure and set the case for status on the assigned judge's next motion day or court date set to hear such matters.
Ill. R. Cir. Ct. Dupage Cnty. 31.02