Any person being committed to any prison, or in the custody of any sheriff or other officer or person for any criminal or supposed criminal matter, shall not be removed therefrom into any other prison or custody, unless it is done by habeas corpus order or some other legal process or when it is expressly allowed by law. If any person removes, or causes to be removed any prisoner so committed, except as above provided, he or she shall forfeit to the party affected a sum not exceeding $300.
10-131.Custody not to be changed.
Article X. Habeas Corpus · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 10-131 bars moving someone held for a criminal or supposed criminal matter to a different prison or custodian except by habeas corpus order, other legal process, or express legal authorization, and it fines a violator up to $300.
Full Text of 735 ILCS 5/10-131
Plain-English Summary
Section 10-131 sets a general rule against shifting custody around outside recognized legal channels. Any person committed to any prison, or held in the custody of any sheriff, officer, or other person for a criminal or supposed criminal matter, shall not be removed from that custody into any other prison or custody, unless the removal is done by habeas corpus order, some other legal process, or where it is expressly allowed by law.
Anyone who removes, or causes to be removed, a prisoner committed this way, outside those permitted channels, forfeits to the affected party a sum not exceeding $300. The statute's terms are directed at custody for a criminal or supposed criminal matter, distinguishing this rule from Section 10-130's narrower restriction on moving a prisoner out of the county near trial time.
Frequently Asked Questions
What does Section 10-131 prohibit?
Removing a person committed for a criminal or supposed criminal matter to another prison or custody, outside the permitted legal channels.
What are the permitted ways to change custody under this section?
By a habeas corpus order, by other legal process, or where expressly allowed by law.
What is the penalty for an unauthorized removal?
Forfeiture to the affected party of a sum not exceeding $300.
Does Section 10-131 apply to civil custody?
Its terms address commitment for a criminal or supposed criminal matter.
How does Section 10-131 differ from Section 10-130?
Section 10-130 restricts moving a prisoner out of the county near trial time; Section 10-131 more broadly restricts changing custody or the place of confinement at all outside the stated legal channels.
Amendment History
(Source: P.A. 83-707.)
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: illegal transfer of prisoner illinoischanging custody without habeas corpus ordercustody not to be changed illinois