It is not lawful for any court, on a second order of habeas corpus obtained by such prisoner, to discharge the prisoner, if he or she is clearly and specifically charged in the warrant of commitment with a criminal offense; but the court shall, on the return of such second order, have power only to admit such prisoner to pretrial release where the offense is eligible for pretrial release by law, or remand him or her to prison where the offense is not eligible for pretrial release, or being eligible for pretrial release, where such prisoner fails to comply with the terms of pretrial release.
10-127.Grant of habeas corpus.
Article X. Habeas Corpus · Last amended 2023 · Last verified July 20, 2026
In one sentenceSection 10-127 bars a court from discharging a prisoner clearly and specifically charged with a criminal offense on a second habeas corpus order, limiting the court's power on that second order to admitting the prisoner to eligible pretrial release or remanding.
Full Text of 735 ILCS 5/10-127
Plain-English Summary
Section 10-127 draws a narrow but firm limit on what a second habeas corpus order can accomplish. It states that it isn't lawful for any court, on a second such order obtained by the prisoner, to discharge that prisoner if the warrant of commitment clearly and specifically charges a criminal offense.
Rather than discharge, the court's power on the return of that second order is limited to admitting the prisoner to pretrial release where the offense is eligible for it by law, or remanding the prisoner where the offense isn't eligible, or where it is eligible but the prisoner has already failed to comply with the terms of that pretrial release.
This provision follows the conclusive-remand rule in Section 10-126, which gives a prior remand for a non-bailable offense binding effect on a second application; Section 10-127 then fixes the outer limits of relief once that second order comes back returned.
Frequently Asked Questions
What does Section 10-127 prohibit on a second habeas corpus order?
Discharging a prisoner who is clearly and specifically charged with a criminal offense in the warrant of commitment.
What can the court do instead, on that second order?
Admit the prisoner to pretrial release if the offense is eligible, or remand the prisoner if it is not.
What if the offense is eligible for pretrial release but the prisoner already failed to comply with its terms?
The court may remand the prisoner in that circumstance as well.
Does Section 10-127 apply to a first habeas corpus order?
By its terms, it addresses the second order obtained by the prisoner.
How does this section relate to Section 10-126?
Section 10-126 makes a prior remand for a non-bailable offense conclusive on a second order, and Section 10-127 then defines the court's limited options once that second order is returned.
Amendment History
(Source: P.A. 101-652, eff. 1-1-23.)
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: second habeas corpus order illinoispretrial release habeas corpus illinoisprisoner charged with criminal offense habeas corpus