ILCS » Chapter 725 · Act 205
Illinois Compiled Statutes

725 ILCS 205/8 (2026)

If the respondent is found to be a sexually dangerous person then the court shall appoint the Director of Corrections guardian of the person found to be sexually dangerous and such person shall stand committed to the custody of such guardian

✓ current as of May 2026
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(725 ILCS 205/8) (from Ch. 38, par. 105-8)
    Sec. 8. If the respondent is found to be a sexually dangerous person then the court shall appoint the Director of Corrections guardian of the person found to be sexually dangerous and such person shall stand committed to the custody of such guardian. The Director of Corrections as guardian shall keep safely the person so committed until the person has recovered and is released as hereinafter provided. The Director of Corrections as guardian shall provide care and treatment for the person committed to him designed to effect recovery. Any treatment provided under this Section shall be in conformance with the standards promulgated by the Sex Offender Management Board Act and conducted by a treatment provider licensed under the Sex Offender Evaluation and Treatment Provider Act. The Director may place that ward in any facility in the Department of Corrections or portion thereof set aside for the care and treatment of sexually dangerous persons. The Department of Corrections may also request another state Department or Agency to examine such person and upon such request, such Department or Agency shall make such examination and the Department of Corrections may, with the consent of the chief executive officer of such other Department or Agency, thereupon place such person in the care and treatment of such other Department or Agency.
(Source: P.A. 97-1098, eff. 7-1-14 (see Section 5 of P.A. 98-612 for the effective date of P.A. 97-1098).)

    
Notes of Decisions
Cited in 54 cases (11 in the last 5 years), 1995–2024 · leading case: People v. McDougle, 708 N.E.2d 482 (Ill. App. Ct. 1999).
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People v. McDougle, 708 N.E.2d 482 (Ill. App. Ct. 1999). · cites it 7× “” See 725 ILCS 205/8 (West 1996). The State’s only witness at the hearing was Dr.”
People v. Downs, 864 N.E.2d 320 (Ill. App. Ct. 2007). · cites it 3× “The court found such an order to be reasonable in light of section 8 of the Act (725 ILCS 205/8 (West 2002)), which establishes the Director of Corrections as the legal guardian of a person committed under the Act.”
People v. Kastman, 2022 IL 127681 (Ill. 2022). · cites it 2× “¶ 38 Section 8 governs the commitment proceeding and provides, in relevant part, as follows: “If the respondent is found to be a sexually dangerous person then the court shall appoint the Director of Corrections guardian of the person found to be sexually dangerous and such…”
People v. Conley, 2020 IL App (2d) 180953 (Ill. App. Ct. 2021). · cites it 3× “¶ 10 As noted in section 8 of the SDP Act (725 ILCS 205/8 (West 2016)), the Sex Offender Management Board Act (20 ILCS 4026/15 (West 2016)), and various other statutes, the Sex Offender Management Board has established and published in the Illinois Administrative Code (Code)…”
People v. Trainor, 752 N.E.2d 1055 (Ill. 2001). “” 725 ILCS 205/8 (West 1998). The respondent is committed for an indeterminate time until the time the respondent has recovered and is released under the Act.”
People v. Burns, 809 N.E.2d 107 (Ill. 2004). “Pursuant to section 8 of the SDPA (725 ILCS 205/8 (West 2000)), the trial court ordered the Director of Corrections to take guardianship of respondent and committed respondent to the custody of the Department of Corrections (Department).”
People v. Masterson, 798 N.E.2d 735 (Ill. 2003). “” Quoting section 8 of the Act (725 ILCS 205/8 (West 1998)), the appellate court noted that disposition is consistent with the statutory directive: “ ‘If the respondent is found to be a sexually dangerous person then the court shall appoint the Director of Corrections guardian…”
People v. Waid, 851 N.E.2d 1210 (Ill. 2006). “725 ILCS 205/8 (West 2004). A discharge hearing, by contrast, is an “innocence only” proceeding that results in a final determination of the charges against the defendant only if he is found not guilty, or not guilty by reason of insanity.”
People v. Carter, 912 N.E.2d 266 (Ill. App. Ct. 2009). · cites it 3× “” 725 ILCS 205/8 (West 1996). The trial court’s order was upheld by this court on direct appeal.”
People v. Masterson, 2011 IL 110072 (Ill. 2011). “725 ILCS 205/8 (West 1998). The committed person may petition for release at any time after commitment, showing facts of recovery.”
People v. McVeay, 2021 IL App (2d) 190292 (Ill. App. Ct. 2021). · cites it 3× “” The petition was filed pursuant to 2021 IL App (2d) 190292 section 8 of the Sexually Dangerous Persons Act (Act) (725 ILCS 205/8 (West 2018)) and alleged generally that the treatment and care the Department of Corrections (Department) provided him was not designed to effect…”
Ambrose v. Godinez, 510 F. App'x 470 (7th Cir. 2013). “We can simplify our review by carving away the insignificant claims and defendants, beginning with the claims arising under Illinois law. Ambrose asserted that the defendants violated statutes obligating the Department of Corrections to “safely” confine sexually dangerous…”
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