Illinois Compiled Statutes
725 ILCS 205/10 (2026)
Whenever the Director finds that any person committed to him under this Act as now or hereafter amended, appears no longer to be dangerous but that it is impossible to determine with certainty under conditions of institutional care that such person has fully recovered, the Director of the Department of Corrections may petition the committing court for an order authorizing the conditional release of any person committed to him under this Act and the court may enter an order permitting such person to go at large subject to such conditions and such supervision by the Director as in the opinion of the court will adequately protect the public
✓ current as of May 2026
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(725 ILCS 205/10)
(from Ch. 38, par. 105-10)
Sec. 10.
Whenever the Director finds that any person committed to him under this
Act as now or hereafter amended, appears no longer to be dangerous but that
it is impossible to determine with certainty under conditions of
institutional care that such person has fully recovered, the Director of
the Department of Corrections may petition the committing court for an
order authorizing the conditional release of any person committed to him
under this Act and the court may enter an order permitting such person to
go at large subject to such conditions and such supervision by the Director
as in the opinion of the court will adequately protect the public. In the
event the person violates any of the conditions of such order, the court
shall revoke such conditional release and re-commit the person pursuant to
Section 5-6-4 of the Unified Code of Corrections under the terms of the
original commitment.
(Source: P.A. 77-2477.)
Notes of Decisions
Cited in 4
cases, 1995–2020 · leading case: People v. Galba, 652 N.E.2d 400 (Ill. App. Ct. 1995).
People v. Galba, 652 N.E.2d 400 (Ill. App. Ct. 1995). “Section 10 of the Act (725 ILCS 205/10 (West 1994)) provides that in the event a person violates any condition of the release order, the court must revoke the conditional release and recommit the person.”
People v. Akers, 704 N.E.2d 452 (Ill. App. Ct. 1998). “The Act permits a person committed as an SDP under the Act to apply for a hearing on the ground that he has recovered (725 ILCS 205/9 (West 1996)). Additionally, the Director may petition the committing court for an order authorizing the person’s conditional release under…”
People v. Guthrie, 2016 IL App (4th) 150617 (Ill. App. Ct. 2016). “Pri- or to the start of trial, the State explained it agreed with Padera's opinion defendant "fits recov- ery" and, therefore, the trial should be limited to determining what conditions to place on de- fendant's conditional release under section 10 of the Act (725 ILCS 205/10…”
People v. Howe, 2020 IL App (4th) 180686-U (Ill. App. Ct. 2020). “” See 725 ILCS 205/10 (West 2014) (director of IDOC may petition the court authorizing conditional release if inmate appears to no longer be sexually dangerous but director cannot determine if inmate has fully recovered).”
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