After a prisoner has given his or her testimony, or been surrendered, or his or her pretrial release discharged, or he or she has been tried for the crime with which he or she is charged, he or she shall be returned to the jail or other place of confinement from which he or she was taken for that purpose. If such prisoner is convicted of a crime punishable with death or imprisonment in the penitentiary, he or she may be punished accordingly; but in any case where the prisoner has been taken from the penitentiary, and his or her punishment is by imprisonment, the time of such imprisonment shall not commence to run until the expiration of the time of service under any former sentence.
10-136.Prisoner remanded or punished.
Article X. Habeas Corpus · Last amended 2023 · Last verified July 20, 2026
In one sentenceSection 10-136 requires a prisoner brought out under Section 10-135 to be returned to confinement afterward, and if that prisoner is then convicted and punished by imprisonment, it delays the new sentence's start until any earlier sentence being served has finished.
Full Text of 735 ILCS 5/10-136
Plain-English Summary
Once the purpose behind bringing a prisoner out under Section 10-135 is finished — testimony given, the person surrendered, pretrial release discharged, or a trial concluded — Section 10-136 requires that prisoner to be returned to the jail or other place of confinement from which they were taken.
If, during that process, the prisoner is convicted of a crime punishable with death or imprisonment in the penitentiary, that prisoner may be punished accordingly. The section adds one timing rule for someone who was taken from the penitentiary in the first place: where the resulting punishment is imprisonment, that new term doesn't begin to run until the time of service under the earlier sentence has expired.
Frequently Asked Questions
What must happen to a prisoner once the purpose for which they were brought out under Section 10-135 is complete?
They must be returned to the jail or other place of confinement from which they were taken.
What if the prisoner is convicted of a crime while brought out this way?
The prisoner may be punished accordingly if the crime is punishable with death or imprisonment in the penitentiary.
What special rule applies to someone taken from the penitentiary who is later sentenced to imprisonment?
The new term does not begin to run until the earlier sentence's period of service has expired.
Does Section 10-136 apply regardless of why the prisoner was brought out?
It applies after the prisoner has given testimony, been surrendered, had pretrial release discharged, or been tried.
How does Section 10-136 connect to Section 10-135?
It addresses what happens to the prisoner after being produced for one of the purposes Section 10-135 authorizes.
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: returning prisoner after testimony illinoissentence timing after penitentiary transfer illinoisprisoner returned to confinement after trial illinois