If the officer or person upon whom such order is served refuses or neglects to obey the same, by producing the party named in the order and making a full and explicit return thereto within the time required by Article X of this Act, and no sufficient excuse is shown for such refusal or neglect, the court before whom the order is returnable, upon proof of the service thereof, shall enforce obedience by attachment as for contempt, and the officer or person so refusing or neglecting shall forfeit to the party a sum not exceeding $500, and be incapable of holding office.
10-116.Neglect to obey order.
Article X. Habeas Corpus · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 10-116 requires a court to enforce a habeas corpus order by attachment for contempt, and fines up to $500 and bars future officeholding, when a custodian refuses or neglects, without sufficient excuse, to produce the confined person and make a full return in time.
Full Text of 735 ILCS 5/10-116
Plain-English Summary
Section 10-116 gives teeth to the return and production duties Sections 10-113 and 10-114 set out. If the officer or person served with a habeas corpus order refuses or neglects to obey it — by producing the named party and making a full and explicit return within the time Article X requires — and no sufficient excuse is shown for that refusal or neglect, the court before whom the order is returnable, upon proof that the order was served, enforces obedience by attachment as for contempt.
Beyond the contempt enforcement itself, the noncompliant officer or person forfeits a sum not exceeding $500 to the affected party, and becomes incapable of holding office. Sufficient excuse remains a defense throughout: the consequences attach only where the refusal or neglect lacks one.
Frequently Asked Questions
What must be shown before a court enforces a habeas corpus order against a noncompliant custodian?
Proof that the order was served on that officer or person.
What does it mean to "enforce obedience by attachment as for contempt" under Section 10-116?
The court uses the contempt-attachment process to compel the custodian's compliance with the order.
What financial penalty applies to a custodian who neglects the order without excuse?
A forfeiture to the affected party of a sum not exceeding $500.
Does Section 10-116 impose any consequence beyond the monetary forfeiture?
Yes. The noncompliant officer or person also becomes incapable of holding office.
Can a custodian avoid these consequences with a sufficient excuse?
Yes. The section applies only where no sufficient excuse is shown for the refusal or neglect.
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: contempt for ignoring habeas corpus illinoispenalty for sheriff not obeying habeas orderattachment for neglecting habeas corpus order