Any sheriff or other officer or person having custody of any prisoner committed on any civil or criminal process of any court who shall neglect to give such prisoner a copy of the process or order of commitment by which he or she is imprisoned within 6 hours after demand made by the prisoner, or any one on behalf of the prisoner, shall forfeit to the prisoner or party affected not exceeding $500. This Section shall not apply to the Illinois Department of Corrections.
10-105.Copy of process.
Article X. Habeas Corpus · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 10-105 fines an officer or custodian up to $500 for refusing to give a prisoner a copy of the process or commitment order within six hours of a demand, though the Illinois Department of Corrections is excused from this duty.
Full Text of 735 ILCS 5/10-105
Plain-English Summary
Getting a copy of the warrant or commitment order matters to a prisoner building a habeas corpus complaint, since Section 10-104 requires that copy to be attached whenever one exists. Section 10-105 backs that need with a penalty: any sheriff, officer, or other person holding a prisoner on civil or criminal process who neglects to give the prisoner a copy of that process or commitment order, within six hours of a demand made by the prisoner or someone on the prisoner's behalf, forfeits a sum not exceeding $500 to the prisoner or the affected party.
The statute carves out one exception by name: it doesn't apply to the Illinois Department of Corrections. Outside that carve-out, the six-hour clock and the $500 cap set a firm, short deadline for producing paperwork that a confined person needs to pursue relief.
Frequently Asked Questions
How long does a custodian have to provide a copy of the process after a demand?
Six hours from when the demand is made.
Who can demand the copy under Section 10-105?
The prisoner, or someone acting on the prisoner's behalf.
What is the penalty for refusing to provide the copy in time?
A forfeiture to the prisoner or affected party of a sum not exceeding $500.
Does this section apply to the Illinois Department of Corrections?
No. The statute expressly excludes the Department of Corrections from this requirement.
Why does obtaining this copy matter to a habeas corpus applicant?
Section 10-104 requires a copy of any warrant or process to be attached to the habeas corpus complaint whenever the commitment rests on one.
Amendment History
(Source: P.A. 85-907.)
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: copy of commitment order illinoispenalty for refusing copy of warrant illinoisillinois department of corrections habeas exemption