When any prisoner brought up on a habeas corpus is remanded to prison, it shall be the duty of the court remanding the prisoner to deliver to the sheriff, or other person to whose custody the prisoner is remanded, an order in writing, stating the cause of remanding the prisoner. If such prisoner obtains a second order of habeas corpus, it shall be the duty of such sheriff, or other person to whom the same is directed, to return therewith the order above stated; and if it appears that the prisoner was remanded for an offense adjudged not bailable, it shall be taken and received as conclusive, and the prisoner shall be remanded without further proceedings.
10-126.Remand.
Article X. Habeas Corpus · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 10-126 requires a court remanding a prisoner to give the custodian a written order stating the cause, and if that prisoner later seeks a second habeas corpus order, this written cause is conclusive proof that the prisoner must be remanded again without further proceedings if it shows the offense wasn't bailable.
Full Text of 735 ILCS 5/10-126
Plain-English Summary
When a habeas corpus prisoner is remanded rather than discharged, Section 10-126 puts a documentation duty on the court doing the remanding: it must deliver to the sheriff, or other person to whose custody the prisoner is remanded, a written order stating the cause of the remand.
That written cause matters again later. If the same prisoner obtains a second order of habeas corpus, the sheriff or other custodian must return, along with the new return, the earlier order stating why the prisoner was remanded. Where that earlier order shows the prisoner was remanded for an offense adjudged not bailable, the statute treats that showing as conclusive, and the prisoner is remanded again without further proceedings.
This conclusive effect on a second habeas application sets up Section 10-127, which further limits what the court may do once that second order is returned for someone clearly charged with a criminal offense.
Frequently Asked Questions
What must a court do when it remands a habeas corpus prisoner?
Deliver a written order to the custodian stating the cause of the remand.
What happens if that same prisoner later obtains a second habeas corpus order?
The custodian must return the earlier written order stating the cause, along with the new return.
What effect does that earlier order have if it shows the offense was not bailable?
The statute treats that showing as conclusive, and the prisoner is remanded without further proceedings.
Who is responsible for holding onto and returning that written cause?
The sheriff or other person to whose custody the prisoner was remanded.
How does Section 10-126 connect to Section 10-127?
Section 10-127 further limits what a court may do on a second habeas corpus order for someone clearly charged with a criminal offense, building on the conclusive effect Section 10-126 gives a prior non-bailable remand.
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: remand order habeas corpus illinoissecond habeas corpus petition illinoiswritten cause of remand habeas corpus illinois