Article X. Habeas Corpus · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 10-123 bars discharge on habeas corpus for three kinds of custody -- exclusive federal court process, an unexpired final circuit court judgment, or a crime committed in another state or territory for which delivery to that jurisdiction is owed -- regardless of how the general habeas remedy would otherwise apply.
Full Text of 735 ILCS 5/10-123
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No person shall be discharged under the provisions of this Act, if he or she is in custody:
1. By virtue of process of any court of the United States, in a case where such court has exclusive jurisdiction; or,
2. By virtue of a final judgment of any circuit court, or of any proceeding for the enforcement of such judgment, unless the time during which such party may be legally detained has expired; or,
3. For any treason, felony or other crime committed in any other state or territory of the United States, for which such person ought, by the Constitution and laws of the United States, to be delivered to the executive power of such state or territory.
Plain-English Summary
Section 10-102 grants a broad right to seek habeas corpus relief, but that right runs "except as herein otherwise provided." Section 10-123 supplies those exceptions, listing three kinds of custody from which no person shall be discharged. The first covers process from any court of the United States in a case where that court has exclusive jurisdiction. The second covers a final judgment of any circuit court, or any proceeding to enforce that judgment, unless the time the party may legally be detained has already expired.
The third addresses interstate custody: a person held for treason, felony, or another crime committed in another state or territory, where that person ought, under the Constitution and laws of the United States, to be delivered to that other jurisdiction's executive power. Each category functions as a categorical bar rather than a factor for the court to weigh against other considerations.
These three exceptions connect directly to the complaint requirements in Section 10-104, which requires the applicant to state that the confinement isn't a case described in this section, and to Section 10-106's threshold review of whether the complaint shows the party can be discharged at all.
Frequently Asked Questions
What are the three categories of custody Section 10-123 excludes from discharge?
Federal court process where the federal court has exclusive jurisdiction; an unexpired final circuit court judgment or its enforcement proceeding; and custody for a crime committed in another state or territory that calls for delivery to that jurisdiction's executive.
Does a final circuit court judgment always bar discharge?
No. It bars discharge only until the time during which the person may legally be detained has expired.
What does Section 10-123 say about custody tied to another state's crime?
That a person can't be discharged if held for treason, felony, or another crime committed in another state or territory, for which the person ought, under the U.S. Constitution and laws, be delivered to that jurisdiction's executive.
How does Section 10-123 connect to the complaint requirements in Section 10-104?
Section 10-104 requires the complaint to state that the person is not held under a process or judgment described in Section 10-123.
Does the federal-custody bar in Section 10-123 apply to any federal court process?
As stated, it applies to process from a U.S. court that has exclusive jurisdiction over the case.
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
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