Illinois Compiled Statutes
735 ILCS 5/10-123 (2026)
When prisoner not entitled to discharge
✓ current as of May 2026
Find cases:
SyfertCases citing this section
IL-ILGAilga.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
(735 ILCS 5/10-123)
(from Ch. 110, par. 10-123)
Sec. 10-123.
When prisoner not entitled to discharge.
No person shall
be discharged under the provisions of this
Act, if he or she is in custody:
1. By virtue of process of any court of the United States,
in a case where such court has exclusive jurisdiction; or,
2. By virtue of a final judgment of any circuit court, or of any
proceeding for the enforcement of such judgment, unless the time during which such
party may be legally detained has expired; or,
3. For any treason, felony or other crime committed in any other
state or territory of the United States, for which such person ought, by
the Constitution and laws of the United States, to be delivered to
the executive power of such state or territory.
(Source: P.A. 82-280.)
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 1998–2023 · leading case: Barney v. Prisoner Review Bd., 704 N.E.2d 350 (Ill. 1998).
Barney v. Prisoner Review Bd., 704 N.E.2d 350 (Ill. 1998). “2d 307 ; 735 ILCS 5/10-123(2) (West 1996). In Newsome , the appellate court reversed a circuit court's grant of a petition for writ of habeas corpus where, as here, the petitioner was serving a term of mandatory supervised release and sought to review revocation proceedings.”
Timothy Bell v. Kwame Raoul, 88 F.4th 1231 (7th Cir. 2023). “See 735 ILCS 5/10-123(2); Barney v. Prisoner Review Bd.”
People v. Luczak (Ill. App. Ct. 2007). “735 ILCS 5/10-123(2) (West 2000). Additionally, the Act provides that a prisoner may be discharged where, although the original imprisonment was lawful, some subsequent act, omission, or event has occurred entitling the prisoner to a discharge.”
— 735 ILCS 5/10-123(2) — 3 cases
Barney v. Prisoner Review Bd., 704 N.E.2d 350 (Ill. 1998). “2d 307 ; 735 ILCS 5/10-123(2) (West 1996). In Newsome , the appellate court reversed a circuit court's grant of a petition for writ of habeas corpus where, as here, the petitioner was serving a term of mandatory supervised release and sought to review revocation proceedings.”
Timothy Bell v. Kwame Raoul, 88 F.4th 1231 (7th Cir. 2023). “See 735 ILCS 5/10-123(2); Barney v. Prisoner Review Bd.”
People v. Luczak (Ill. App. Ct. 2007). “735 ILCS 5/10-123(2) (West 2000). Additionally, the Act provides that a prisoner may be discharged where, although the original imprisonment was lawful, some subsequent act, omission, or event has occurred entitling the prisoner to a discharge.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.
|