The surety in any bond for the defendant may, at any time before the bond is forfeited, surrender the defendant, in exoneration of himself or herself, in the same manner that bail may surrender their principal, and obtain the same discharge.
16-108.Surrender of defendant.
Article XVI. Ne Exeat · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceLets the surety on a defendant's ne exeat bond surrender the defendant before the bond is forfeited, in the same manner and with the same discharge as a bail surety surrendering their principal.
Full Text of 735 ILCS 5/16-108
Plain-English Summary
The ne exeat bond required by Section 16-107 puts a surety on the hook for a restrained defendant's compliance. Section 16-108 gives that surety a way out before things go wrong: at any time before the bond is forfeited, the surety may surrender the defendant to exonerate themselves.
The mechanics track ordinary bail practice — the same manner bail sureties use to surrender their principal, and the same discharge that follows. This gives a surety facing doubts about a defendant's reliability a clear, established path to step away from the bond's obligations rather than risk forfeiture.
Frequently Asked Questions
Can a surety on a ne exeat bond get out of their obligation?
Yes. Section 16-108 lets the surety surrender the defendant at any time before the bond is forfeited, exonerating themselves.
How does a ne exeat bond surrender work?
In the same manner bail sureties use to surrender their principal in other cases, with the same resulting discharge.
Is there a deadline for a surety to surrender a ne exeat defendant?
The surrender must happen before the bond is forfeited.
What does the surety gain by surrendering the defendant?
Exoneration — release from further liability on the bond.
Does this section apply to the plaintiff's bond under Section 16-104 as well?
Section 16-108 addresses the bond for the defendant described in Section 16-107; it doesn't extend surrender rights to the plaintiff's separate bond.
Amendment History
(Source: P.A. 82-280.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: ne exeat surety surrender illinoisne exeat bond exonerationsurrendering defendant ne exeat bond