For the security of a correctional institution or facility or jail, a process server may be refused entry into that correctional institution or facility or jail. Each correctional institution or facility or jail shall designate a representative to accept service from a licensed or registered private detective or agency for purposes of effectuating service upon an inmate in the custody of the institution, facility, or jail. With respect to an inmate incarcerated in an Illinois Department of Corrections facility, the process server shall contact the chief administrative officer in advance to arrange and designate the time and date, during regularly scheduled business hours, that the facility representative will meet with and accept service from the process server. Service upon a warden's or sheriff's representative shall constitute substitute service and a mailing to the inmate of the process shall be completed by the server in accordance with Section 2-202. A warden's or sheriff's representative accepting substitute service shall forward the process to the inmate, but if for any reason the process is not forwarded to the inmate, the sheriff, sheriff's representative, warden, or warden's representative shall not be responsible for any civil fine or penalty, or have other liability. If for any reason an inmate is not in the correctional institution or facility or jail at the time of the service of process, a warden's or sheriff's representative may refuse to accept service for the inmate. If it is determined after the process has been left with the designated representative, that the inmate is not present at that institution or facility or jail, the designated representative shall promptly return it to the licensed or registered private detective or agency, indicating that the substitute service could not be effectuated. The process server shall promptly notify the court of the unsuccessful service.
2-203.2.Service on an inmate.
Article II. Civil Practice · Part 2. Process · Last amended 2010 · Last verified July 20, 2026
In one sentenceLets a correctional facility or jail refuse entry to a process server for security reasons but requires it to designate a representative to accept substitute service for an inmate, sets special timing for Department of Corrections facilities, and shields the facility from liability if the process is not forwarded or the inmate is not present.
Full Text of 735 ILCS 5/2-203.2
Plain-English Summary
This section balances facility security against the need to serve inmates with process. A correctional institution, facility, or jail may refuse a process server entry, but it must designate a representative to accept service from a licensed or registered private detective or agency for the purpose of serving an inmate in its custody.
For an inmate held by the Illinois Department of Corrections, the process server must contact the chief administrative officer in advance to arrange a time and date, during regular business hours, for the facility representative to meet with and accept service. Service on that representative counts as substitute service, and the server must also mail the process to the inmate under Section 2-202.
The section limits the facility's exposure: if the representative accepts substitute service but the process is not forwarded to the inmate for any reason, the sheriff, sheriff's representative, warden, or warden's representative bears no civil fine, penalty, or other liability for that. If the inmate is not present when service is attempted, the representative may refuse to accept service, or, if it later turns out the inmate was not present, must return the process to the server, who must then notify the court that service was unsuccessful.
Frequently Asked Questions
Can a jail or prison refuse to let a process server in?
Yes, entry may be refused for security reasons.
Who accepts service for an inmate instead?
A representative designated by the correctional institution, facility, or jail.
What must happen for service on an inmate held by the Illinois Department of Corrections?
The process server must contact the chief administrative officer in advance to arrange a time and date, during regular business hours, for the facility representative to meet and accept service.
Is the facility liable if the process never reaches the inmate after substitute service?
No. If the representative accepts substitute service but the process is not forwarded to the inmate for any reason, the sheriff, sheriff's representative, warden, or warden's representative is not responsible for any civil fine, penalty, or other liability.
What happens if the inmate is not at the facility when service is attempted?
The representative may refuse to accept service, or, if it is later found the inmate was not present, must return the process to the server, who must then notify the court that service was unsuccessful.
Amendment History
(Source: P.A. 96-1451, eff. 8-20-10.)
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: serving an inmate with a summons Illinoisprocess server access to a prison or jailsubstitute service on an inmateDepartment of Corrections service of process