To prevent any person from avoiding or delaying his or her trial, it shall not be lawful to remove any prisoner on habeas corpus under Article X of this Act out of the county in which he or she is confined, within 15 days next preceding the first day of the calendar month in which such person ought to be tried unless it is done to convey him or her into the county where the offense with which he or she stands charged is properly cognizable.
10-130.Prisoner not to be removed from county.
Article X. Habeas Corpus · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 10-130 bars moving a habeas corpus prisoner out of the county of confinement in the 15 days before the trial month begins, unless the move brings the person into the county where the charged offense is properly triable.
Full Text of 735 ILCS 5/10-130
Plain-English Summary
Section 10-130 states its own purpose up front: to prevent any person from avoiding or delaying trial. To that end, it isn't lawful to remove a prisoner on habeas corpus under Article X out of the county in which the prisoner is confined, within 15 days next preceding the first day of the calendar month in which that person is to be tried.
The section allows one exception to this window: removal is permitted where it's done to convey the prisoner into the county where the charged offense is properly cognizable. Outside that purpose, the timing restriction stands, guarding against a prisoner being shuttled between counties in a way that would delay or dodge the scheduled trial.
Frequently Asked Questions
What is the purpose behind the removal restriction in Section 10-130?
To prevent a person from avoiding or delaying trial.
During what period is removal from the county of confinement barred?
Within the 15 days immediately preceding the first day of the calendar month in which the person is to be tried.
Is there an exception to this restriction?
Yes. Removal is permitted where it's done to convey the prisoner into the county where the charged offense is properly cognizable.
Does Section 10-130 apply specifically to prisoners proceeding on habeas corpus?
Yes, it applies to a prisoner on habeas corpus under Article X.
What problem is this section designed to prevent?
Moving a prisoner between counties in a way that would delay or avoid the scheduled trial.
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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