When the person confined or restrained is in the custody of a civil officer, the court entering the order shall certify thereon the sum to be paid for the expense of bringing the person from the place of imprisonment, not exceeding 10 cents per mile, and the officer shall not be bound to obey it unless the sum so certified is paid or tendered to him or her, and security is given to pay the charges of carrying the party back if he or she should be remanded. If the court is satisfied that the party so confined or restrained is a poor person and unable to pay such expense, then the court shall so state in the order, and in such case no tender or payment of expenses need be made or security given but the officer shall be bound to obey such order.
10-112.Expense involved.
Article X. Habeas Corpus · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 10-112 requires a civil custodian to be paid or offered a court-set mileage fee, plus security for return costs, before being bound to produce a prisoner, unless the court finds the confined person too poor to pay, in which case the officer must comply regardless.
Full Text of 735 ILCS 5/10-112
Plain-English Summary
When the person confined is in the custody of a civil officer, Section 10-112 requires the court entering the habeas corpus order to certify the sum needed to cover the expense of bringing the person from the place of imprisonment, capped at 10 cents per mile. The officer isn't bound to obey the order unless that certified sum is paid or tendered, and unless security is also given to cover the cost of returning the person if the court remands them.
The section then carves out an exception for poverty. If the court is satisfied that the confined party is poor and unable to pay the certified expense, it states that finding in the order itself. In that situation, no tender, payment, or security is required at all, yet the officer remains bound to obey the order regardless.
Frequently Asked Questions
Who must be paid transport expenses before a habeas corpus order is obeyed under Section 10-112?
A civil officer holding the confined person in custody, when that custody is civil rather than criminal.
What is the maximum per-mile rate the court can certify?
10 cents per mile.
What else must be provided besides the mileage payment?
Security to cover the cost of returning the prisoner if the court later remands them.
What happens if the confined party is too poor to pay these expenses?
The court states that finding in the order, and the officer must obey the order without any tender, payment, or security.
Does this expense requirement apply when the custodian isn't a civil officer?
The statute ties the certified-expense requirement specifically to custody held by a civil officer.
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: habeas corpus transport expenses illinoiscost of bringing prisoner to court illinoispoor person habeas corpus illinois