ILCS » Chapter 725 · Act 205
Illinois Compiled Statutes

725 ILCS 205/3 (2026)

When any person is charged with a criminal offense and it shall appear to the Attorney General or to the State's Attorney of the county wherein such person is so charged, that such person is a sexually dangerous person, within the meaning of this Act, then the Attorney General or State's Attorney of such county may file with the clerk of the court in the same proceeding wherein such person stands charged with criminal offense, a petition in writing setting forth facts tending to show that the person named is a sexually dangerous person

✓ current as of May 2026
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(725 ILCS 205/3) (from Ch. 38, par. 105-3)
    Sec. 3. When any person is charged with a criminal offense and it shall appear to the Attorney General or to the State's Attorney of the county wherein such person is so charged, that such person is a sexually dangerous person, within the meaning of this Act, then the Attorney General or State's Attorney of such county may file with the clerk of the court in the same proceeding wherein such person stands charged with criminal offense, a petition in writing setting forth facts tending to show that the person named is a sexually dangerous person.
(Source: Laws 1955, p. 1144.)

    
Notes of Decisions
Cited in 40 cases (4 in the last 5 years), 1995–2024 · leading case: People v. Trainor, 752 N.E.2d 1055 (Ill. 2001).
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People v. Trainor, 752 N.E.2d 1055 (Ill. 2001). · cites it 3× “” 725 ILCS 205/3 (West 1998). This petition must set forth facts “tending to show that the person named is a sexually dangerous person.”
People v. Craig, 934 N.E.2d 657 (Ill. App. Ct. 2010). · cites it 4× “On October 19, 1998, the State filed a petition to declare respondent a sexually dangerous person pursuant to the Act (725 ILCS 205/3 (West 1998)). On October 28, 1998, the circuit court appointed two qualified psychiatrists and directed each, independently, to evaluate…”
People v. Holmes, 2016 IL App (1st) 132357 (Ill. App. Ct. 2016). “" 725 ILCS 205/3 (West 2010). ¶ 53 We must determine what statute of limitations, if any, applies to a petition.”
People v. Bailey, 937 N.E.2d 731 (Ill. App. Ct. 2010). · cites it 2× “See 725 ILCS 205/3 (West 2008). Contrary to defendant's argument on appeal, there was nothing confusing or improper about the trial court's admonishments relative to the plea of guilty and the withdrawal of that plea.”
People v. Burns, 809 N.E.2d 107 (Ill. 2004). “Thereafter, the State filed a petition to declare respondent a sexually dangerous person under section 3 of the SDPA (725 ILCS 205/3 (West 2000)). Under the SDPA, the State may seek an involuntary, indeterminate commitment in lieu of a criminal prosecution if a defendant is…”
People v. Spurlock, 903 N.E.2d 874 (Ill. App. Ct. 2009). · cites it 2× “The State’s Attorney cannot file a sexually dangerous persons petition until it appears that an accused is a sexually dangerous person as defined under the Act (725 ILCS 205/3 (West 2006)). The facts necessary to make this determination may not be available to the State until…”
People v. Baldwin, 2020 IL App (1st) 160496 (Ill. App. Ct. 2020). · cites it 2× “On July 23, 2014, the State filed a petition pursuant to section 3 of the Sexually Dangerous Person Act (SDPA) (725 ILCS 205/3 (West 2012)), seeking to have the respondent declared a sexually dangerous person.”
People v. Kastman, 779 N.E.2d 333 (Ill. App. Ct. 2002). · cites it 2× “In November 1993 the State filed a petition to declare respondent a sexually dangerous person pursuant to section 3 of the Act (725 ILCS 205/3 (West 1992)). Following a jury trial, respondent was adjudicated a sexually dangerous person.”
People v. Hancock, 771 N.E.2d 459 (Ill. App. Ct. 2002). “” 725 ILCS 205/3 (West 2000). Respondent argues that, because a petition to have a person declared sexually dangerous can only be filed when that person has an underlying pending criminal charge, it only makes sense that the underlying pending criminal charge must be proved…”
People v. Ottinger, 775 N.E.2d 203 (Ill. App. Ct. 2002). “tween the Sexually Dangerous Persons Act, which authorizes a proceeding against a person who has been charged with but not yet convicted of a criminal offense (725 ILCS 205/3 (West 2000)), and the Act, which requires that the person sought to be committed has been found guilty…”
People v. Galba, 652 N.E.2d 400 (Ill. App. Ct. 1995). · cites it 2× “After the complaint was filed, the State brought a petition pursuant to section 3 of the Act (725 ILCS 205/3 (West 1994)) alleging the defendant was a sexually dangerous person and requesting an order appointing two qualified psychiatrists to examine the defendant.”
People v. Downs, 864 N.E.2d 320 (Ill. App. Ct. 2007). “725 ILCS 205/3 (West 2004). The claim for attorney fees and costs is not a separate action brought against the State but, as Wilcoxen held, a component of the action brought by the State under the Act.”
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