The court may also, at the same time or afterwards, enter an order to the sheriff or other person to whom such attachment is directed, commanding him or her to bring forthwith before the court the party for whose benefit the habeas corpus order was entered, who shall thereafter remain in the custody of such sheriff, or other person, until the party is discharged, bailed or remanded, as the court directs.
10-117.Order in case of neglect.
Article X. Habeas Corpus · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 10-117 lets a court direct the sheriff or another person to bring the confined person before it once an attachment issues for neglecting a habeas corpus order, with that person remaining in the new custodian's custody until discharged, bailed, or remanded.
Full Text of 735 ILCS 5/10-117
Plain-English Summary
Section 10-117 follows directly on Section 10-116's attachment remedy. At the same time the attachment issues, or afterward, the court may also enter an order to the sheriff or other person to whom the attachment is directed, commanding that person to bring the confined party before the court right away.
Once produced this way, the party doesn't return to the original custodian's hands without more. The statute places the party in the custody of the sheriff or other person named in this order, and keeps that person there until the court directs the party's discharge, bail, or remand.
Frequently Asked Questions
When does Section 10-117's order come into play?
At the same time as, or after, an attachment issues under Section 10-116 for neglecting to obey a habeas corpus order.
Who does the court direct to bring the confined person forward?
The sheriff or other person to whom the attachment is directed.
Where does the confined person stay after being brought before the court this way?
In the custody of that sheriff or other person.
What ends that custody?
The court's direction that the person be discharged, bailed, or remanded.
Is Section 10-117 a separate proceeding from Section 10-116?
No. It's a follow-on order the court may enter alongside or after the attachment described in Section 10-116.
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: court order to bring prisoner illinois habeascustody after attachment for contempt habeas corpusprisoner discharged bailed remanded illinois