Unless it shall appear from the complaint itself, or from the documents thereto annexed, that the party can neither be discharged, admitted to pretrial release nor otherwise relieved, the court shall forthwith award relief by habeas corpus. Any judge empowered to grant relief by habeas corpus who shall corruptly refuse to grant the relief when legally applied for in a case where it may lawfully be granted, or who shall for the purpose of oppression unreasonably delay the granting of such relief shall, for every such offense, forfeit to the prisoner or party affected a sum not exceeding $1,000.
10-106.Grant of relief - Penalty.
Article X. Habeas Corpus · Last amended 2023 · Last verified July 20, 2026
In one sentenceSection 10-106 requires a court to grant habeas corpus relief unless the complaint or its attachments show on their face that the person can't be discharged, admitted to pretrial release, or otherwise relieved, and it fines a judge up to $1,000 for corruptly refusing or unreasonably delaying that relief.
Full Text of 735 ILCS 5/10-106
Plain-English Summary
Section 10-106 sets the default outcome once a proper complaint is on file: the court shall forthwith award relief by habeas corpus, unless the complaint itself, or the documents attached to it, show that the party can neither be discharged, admitted to pretrial release, nor otherwise relieved. In other words, the court looks first at the face of the filing, and relief follows unless that filing rules it out.
The second half of the section holds judges accountable for how they handle that duty. A judge empowered to grant habeas relief who corruptly refuses to grant it when it's legally due, or who unreasonably delays granting it for the purpose of oppression, forfeits a sum not exceeding $1,000 for every such offense, payable to the prisoner or affected party.
Read together, the two halves work as a pair: a presumption favoring prompt relief on the papers, plus a personal penalty aimed at a judge who defeats that presumption in bad faith rather than through an honest reading of the complaint.
Frequently Asked Questions
When must a court award habeas corpus relief under Section 10-106?
Unless the complaint itself, or documents attached to it, show that the party can neither be discharged, admitted to pretrial release, nor otherwise relieved.
What happens if a judge corruptly refuses to grant relief that is legally due?
The judge forfeits a sum not exceeding $1,000 to the prisoner or affected party.
Does any delay in granting relief violate this section?
No. The penalty applies to delay that is unreasonable and done for the purpose of oppression, not to ordinary scheduling.
Who receives the amount forfeited under this section?
The prisoner or the party affected by the refusal or delay.
What does the court examine before deciding whether relief follows automatically?
The complaint and any documents attached to it, to see whether they show the party can't be discharged, admitted to pretrial release, or otherwise relieved.
Amendment History
(Source: P.A. 101-652, eff. 1-1-23.)
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
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