delivered the judgment of the court, with opinion.
Chief Justice Thomas and Justices Freeman, Fitzgerald, Kilbride, Garman, and Burke concurred in the judgment and opinion.
OPINION
These consolidated appeals present the question of whether a trial court has the authority to sua sponte deny a state habeas corpus complaint without notice to the plaintiff, leave to amend the complaint, or a hearing. We conclude that a trial court has such authority, and therefore affirm the appellate court in both cases.
BACKGROUND
Contained within the Code of Civil Procedure (Code or Act) (735 ILCS 5/5 — 101 et seq. (West 2002)) is article X, which codifies the laws of this state governing complaints for habeas corpus relief (735 ILCS 5/10 — 101 et seq. (West 2002)). Article X includes specific procedural provisions regulating habeas corpus actions, and these sections control over the general procedural provisions contained in article II, known as the Civil Practice Law (735 ILCS 5/1 — 101(b), 2 — 101 et seq. (West 2002)). 735 ILCS 5/1 — 108(a) (West 2002) (“The provisions of Article II of this Act apply to all proceedings covered by Articles III through XIX of this Act except as otherwise provided in each of the Articles III through XIX, respectively”). Both appellants herein, Edward Hennings and Vincent Patterson, filed complaints for habeas corpus relief under article X. We turn to the specifics of each case.
No. 102694 — Edward Hennings
On August 8, 2001, Edward Hennings was charged with burglary, a Class 2 felony (720 ILCS 5/19 — 1(a), (b) (West 2000)), and criminal damage to property, a Class A misdemeanor (720 ILCS 5/21 — l(l)(a), (2) (West 2000)) in the circuit court of Will County. The indictment alleged that Hennings had two previous Class 2 felony convictions in Will County. On September 18, 2001, Hennings entered into a fully negotiated plea agreement whereby he agreed to plead guilty to burglary in exchange for the State entering a nolle prosequi on the criminal damage to property count and recommending a sentence of 12 years’ imprisonment for the burglary offense. The trial court accepted the plea agreement and sentenced Hennings as a Class X offender to 12 years’ imprisonment.
On November 22, 2004, Hennings filed a pro se “Petition for Habeas Corpus Relief’ in the circuit court, alleging, inter alia, that his 12-year sentence exceeded the maximum nonextended term of 7 years’ imprisonment for a Class 2 felony, that the sentencing court exceeded its jurisdiction in sentencing him to an “enhanced sentence of 12 years imprisonment pursuant to 730 ILCS 5/5 — 5—3(c)(8),” and that the time for which he could legally be confined, seven years, had expired. The record shows that on December 9, 2004, the trial court reported that Hennings had filed “a written petition of habeas corpus,” and that the court would “make initial review of it and set the matter over for status on my review of the petition.” The following day, December 10, 2004, the court held further proceedings on the habeas corpus complaint. After summarizing Hennings’ allegations, the court stated that it had reviewed the mittimus, which showed a “Class X mandatory” sentence was imposed, noting the language of section 5 — 5—3(c)(8), which required sentencing Hennings as a Class X offender due to his criminal history, and concluded:
“The Class X sentencing category is between six and 30 years in the Department of Corrections. He received a sentence of 12 years in the Department of Corrections, which is not beyond the appropriate sentence for the crime committed, given his criminal history. So, the petition for habeas corpus relief is denied.”
Hennings appealed, arguing the trial court lacked statutory authority to “summarily dismiss” 1 his complaint for habeas corpus relief. No. 3 — 05—0016 (unpublished order under Supreme Court Rule 23). The appellate court disagreed, citing section 10 — 106 of the Act, and holding that because it was apparent from the face of the habeas corpus complaint and the record that Hennings was not entitled to relief, the trial court properly dismissed the complaint. Hennings’ petition for leave to appeal was granted by this court. 210 Ill. 2d R. 315(a).
No. 103405 — Vincent Patterson
Following a 1983 jury trial in the circuit court of Cook County, Vincent Patterson was convicted of two counts of murder and one count of armed robbery. On August 4, 1983, Patterson was sentenced to natural life imprisonment and a concurrent 30-year term for armed robbery. The record shows that, on direct appeal, the appellate court vacated one murder conviction, but otherwise affirmed Patterson’s convictions and sentences. No. 1 — 83—1877 (1985) (unpublished order under Supreme Court Rule 23).
On October 14, 2003, Patterson filed a pro se “Petition for Writ Habeas Corpus” in the circuit court, alleging an ex post facto violation in that certain statutory aggravating factors used to impose an “extended-term” for murder were not in effect at the time he was charged with the offense in 1981. Patterson’s habeas corpus complaint further alleged that he had “served out the maximum sentence allowed by law under the statutory provision of 1981 when *** the penalty was 20 to 40 years for ‘Murder.’ ” The complaint concluded: “WHEREFOER, [sic] Petitioner VINCENT PATTERSON, Prays that a Writ of Habeas Corpus issue [to] bring Petitioner immediately *** to open court pursuant to 735 ILCS 5/10 — 114, at a designated time and date to plead such valid and meritorious argument in view that Petitioner is now entitle [sic] to ‘Immediate Release’ From Prison.” On October 17, 2003, the trial court denied the complaint sua sponte, stating: “Vincent Patterson, petition for writ of hab[ea]s corpus and appointment of counsel denied.”
Patterson appealed, contending, as did Hennings, that the circuit court did not have statutory authority to deny his habeas corpus complaint and, further, that due process entitled him to notice and a hearing prior to any disposition of the complaint. The appellate court affirmed, first noting that “the law in this district is unsettled as to whether the summary dismissal procedure is restricted solely to stage one postconviction petitions where the procedure is explicitly authorized by statute,” but holding that even if it is unavailable, “the erroneous deployment of the summary dismissal procedure is still subject to harmless error analysis.” No. 1 — 04—0077 (unpublished order under Supreme Court Rule 23). Because Patterson “[did] not even attempt to defend the merits of his underlying bases for seeking habeas corpus relief,” the panel concluded his habeas corpus action was “doomed to failure” and affirmed the trial court’s judgment denying the complaint. On September 26, 2007, we granted Patterson’s petition for leave to appeal (210 Ill. 2d R. 315(a)), and consolidated these cases.
ANALYSIS
In this court, neither appellant argues the merits of his respective habeas corpus complaint. Rather, appellants contend only that the trial courts that dismissed their complaints “exceeded their statutory authority by summarily dismissing the petitions sua sponte without notice to the petitioners or leave to amend,” and that such proceedings should be governed by the rules applicable to civil proceedings under the Act. Appellees
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respond that section 10 — 106 of the Code (735 ILCS 5/10 — 106 (West 2002)) provides for initial review of a habeas corpus complaint and requires that the circuit court deny the complaint sua sponte if it fails to state a claim entitling plaintiff to relief. Appellees further argue that, as this court recently discussed in People v. Vincent,
This court recently set forth the well-settled principles of statutory construction in Orlak, stating:
“The cardinal rule of statutory construction is to ascertain and give effect to the intent of the legislature. [Citation.] That intent is best gleaned from the words of the statute itself, and where the statutory language is clear and unambiguous, it must be given effect. [Citation.] A court should interpret a statute, where possible, according to the plain and ordinary meaning of the language used. [Citation.] In determining the plain meaning of a statute’s terms, we consider the statute in its entirety, keeping in mind the subject it addresses, and the apparent intent of the legislature in enacting the statute. [Citation.]” Orlak,228 Ill. 2d at 8 .
We also afford the statutory language the fullest, rather than narrowest, possible meaning to which it is susceptible. Lieberman,
“Habeas corpus,” which literally translated from Latin means “ ‘that you have the body,’ ” is a writ employed to bring a person before a court, “most frequently to ensure that the party’s imprisonment or detention is not illegal (habeas corpus ad subjiciendum).” Black’s Law Dictionary 728 (8th ed. 2004). In Illinois, article X provides a comprehensive procedural framework that governs orders
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of habeas corpus. 735 ILCS 5/10— 101 et seq. (West 2002). Thus, determining whether section 10 — 106 permits a trial court to conduct an initial review of the sufficiency of a habeas corpus complaint necessarily involves an examination of other sections within article X. See Alternate Fuels, Inc. v. Director of the Illinois Environmental Protection Agency,
Section 10 — 102 provides: “Every person imprisoned or otherwise restrained of his or her liberty, except as herein otherwise provided, may apply for habeas corpus in the manner provided in Article X of this Act, to obtain relief from such imprisonment or restraint, if it proved to be unlawful.” (Emphases added.) 735 ILCS 5/10 — 102 (West 2002). In other words, a prisoner may apply for an order requiring the person detaining him to produce the body of the prisoner to test the legality of the detention and, “if it proved to be unlawful,” “to obtain relief from such imprisonment.” Section 10 — 103 explains to which courts application for the relief shall be made and, inter alia, that application “shall be made by complaint signed by the person for whose relief it is intended.” 735 ILCS 5/10 — 103 (West 2002). Section 10 — 104 provides what the complaint shall state in substance, including: (1) that the person in whose behalf the relief is applied for is imprisoned; (2) “[t]he cause or pretense of the restraint”; and (3) that a copy of any warrant or process by virtue of which the prisoner is restrained be “annexed.” 735 ILCS 5/10 — 104 (West 2002).
With these preliminary provisions in mind, we consider section 10 — 106, which states, in pertinent part: “Unless it shall appear from the complaint itself, or from the documents thereto annexed, that the party can neither be discharged, admitted to bail nor otherwise relieved, the court shall forthwith award relief by habeas corpus.” 735 ILCS 5/10 — 106 (West 2002). Given that we have found that the plain language of section 10 — 102 allows a prisoner to apply for an order requiring the person detaining him to produce the body of the prisoner so that the legality of the detention may be determined, it is clear that the “relief by habeas corpus” referred to in section 10 — 106 is the grant of the order by which the habeas corpus complainant, or plaintiff, is brought before the court. Therefore, unless, upon inspection of the complaint and any documents affixed to it, the court can conclude that the plaintiff “can neither be discharged, admitted to bail nor otherwise relieved,” it shall grant the order for the plaintiff to be brought to court so that such determination may be made. (Emphasis added.) 735 ILCS 5/10 — 106 (West 2002). The plain language of section 10 — 106 accordingly requires the trial court to conduct an initial review of the sufficiency of the complaint and to grant an order of habeas corpus if the complaint, with its attached documentation, establishes a question as to the legality of the plaintiffs detention or imprisonment. Conversely, if it is clear from a review of the complaint that the plaintiff is not entitled to the relief of habeas corpus, the order shall be denied. See 39 Am. Jur. 2d Habeas Corpus §166 (1999) (while habeas corpus is a writ of right, it will not issue as a matter of course; judicial discretion is exercised in its issuance, and the petition must present facts showing entitlement to the writ; unless it appears from the petition and supporting documents that the petitioner is not entitled to relief, the court must issue the writ).
The requirements set forth in subsequent sections of article X support this reading of section 10 — 106. Under section 10 — 107, if habeas corpus relief is allowed by an order of the court, that order shall be directed to the person having custody of the prisoner, in substantially the following form:
“You are hereby commanded to have the body of C D, imprisoned and detained by you, together with the time and cause of such imprisonment and detention!,] *** before .... court of... . County (or before E F, judge of, etc.), at, etc., immediately after being served with a certified copy of this order, to be dealt with according to law; and you are to deliver a certified copy of this order with a return thereon of your performance in carrying out this order.” 735 ILCS 5/10 — 107 (West 2002).
Said order shall be served pursuant to section 10 — 110 and in the manner specified in section 10 — 111. 735 ILCS 5/10 — 110, 10 — 111 (West 2002). It is evident from these sections that the relief available at this point is an order to produce the body of the prisoner before the court — not an order to release the prisoner.
After an order of habeas corpus has been entered, the officer or person upon whom the order is served then files a return in accord with section 10 — 113, stating whether he has the plaintiff in his custody and, if so, “the authority and true cause of such imprisonment or restraint.” 735 ILCS 5/10 — 113(1), (2) (West 2002). If the plaintiff is detained “by virtue of any order, warrant or other written authority, a copy thereof shall be attached to the return.” 735 ILCS 5/10 — 113(3) (West 2002). “Upon the return of an order of habeas corpus, the court shall, without delay, proceed to examine the cause of the imprisonment or restraint.” 735 ILCS 5/10 — 119 (West 2002). It is only then that adversarial proceedings begin.
This court, in construing an early predecessor to section 10 — 106, instructed:
“The issuance of the writ upon the filing of the petition is not a mere matter of course. The writ should never issue unless a petition is presented which is in substantial accord and compliance with the provisions of the statute, and which shows upon its face that the petitioner is entitled to his discharge.” People ex rel. Stead v. Superior Court,234 Ill. 186 , 198 (1908).
In People ex rel. Stead, this court held that, because it was apparent from the face of the petition for writ of habeas corpus that the question raised in it had, as a matter of law, been adjudicated against the plaintiff, it therefore appeared from the petition that he could not be discharged, admitted to bail, or otherwise relieved, “and for that reason, the writ should not have issued.” People ex rel. Stead,
The procedure detailed above is in accord with that of other states which, in construing similar provisions, have held that sua sponte denial of a complaint for order or writ of habeas corpus is appropriate where it is apparent that the applicant is not entitled to that relief. See, e.g., Chari v. Vore,
In the matter before us, we agree with appellees that appellants have cited no authority to support their contention that section 10 — 106 “appears to go to the ultimate question of whether relief should be granted.” As has been explained above, when a court orders “relief by habeas corpus” under section 10 — 106, the court is not thereby granting the plaintiff his release or declaring that his detention is illegal, but merely directing the person having custody to make the return and, “at the same time, bring the body of the party.” 735 ILCS 5/10— 106, 10 — 113, 10 — 114 (West 2002); see People ex rel. Day v. Lewis,
Of particular interest here, section 10 — 124 sets forth the seven specific instances in which a plaintiff, “in custody by virtue of process from any court legally constituted,” may be discharged. 735 ILCS 5/10 — 124 (West 2002); see also People v. Gosier,
“[A] writ of habeas corpus is available only to obtain the release of a prisoner who has been incarcerated under a judgment of a court which lacked jurisdiction of the subject matter or the person of the petitioner, or where there has been some occurrence subsequent to the prisoner’s conviction which entitled him to release.” Barney,184 Ill. 2d at 430 .
Thus, in People ex rel. Haven v. Macieiski,
Appellants further contend that, as this court has recognized that an application for habeas corpus relief is a civil proceeding, “involving *** the enforcement of [the plaintiffs] civil right of personal liberty” (Ragen,
As initially noted, article X contains specific procedural provisions regulating habeas corpus actions, and these sections control over the general procedural provisions of article II, the Civil Practice Law. See 735 ILCS 5/1 — 108(a) (West 2002). Thus, while a habeas corpus complaint is considered a “civil proceeding” under the Act, the procedures governing such action are specifically provided within article X, rather than the Civil Practice Law, which governs petitions for relief under section 2 — 1401. However, we have established that, under article X, after the filing of a complaint by the plaintiff, the court shall determine whether, “from the complaint itself, or from the documents thereto annexed,” the plaintiff is, or is not, entitled to an order of habeas corpus. 735 ILCS 5/10 — 106 (West 2002). Thus, as in Vincent,
Additionally, appellants urge this court to follow the appellate court’s decision in People v. Winfrey,
Finally, appellants contend this court’s reasoning that “adequate procedural safeguards exist to prevent erroneous sua sponte terminations [of section 2 — 1401 petitions]” (Vincent,
CONCLUSION
For the reasons expressed above, the judgments of the appellate courts, which affirmed the circuit courts’ denials of appellants’ complaints for habeas corpus relief, are affirmed.
Appellate court judgments affirmed.
Notes
In People v. Vincent,
Appellees are the defendants in these habeas corpus actions, the persons in whose custody or under whose restraint the appellant prisoners reside. See 735 ILCS 5/10 — 107 (West 2002); see also People ex rel. Ross v. Ragen,
Article X now refers to “orders” of habeas corpus, rather than “writs.” See 735 ILCS 5/2 — 1501 (West 2002) (“Writs abolished”); see also, e.g., 735 ILCS 5/10 — 107 (West 2002) (“Form of orders”).