ILCS » Chapter 725 · Act 207
Illinois Compiled Statutes

725 ILCS 207/10 (2026)

Notice to the Attorney General and State's Attorney

✓ current as of May 2026
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(725 ILCS 207/10)
    Sec. 10. Notice to the Attorney General and State's Attorney.
    (a) In this Act, "agency with jurisdiction" means the agency with the authority or duty to release or discharge the person.
    (b) If an agency with jurisdiction has control or custody over a person who may meet the criteria for commitment as a sexually violent person, the agency with jurisdiction shall inform the Attorney General and the State's Attorney in a position to file a petition under paragraph (a)(2) of Section 15 of this Act regarding the person as soon as possible beginning 3 months prior to the applicable date of the following:
        (1) The anticipated release from imprisonment or the
    
anticipated entry into mandatory supervised release of a person who has been convicted of a sexually violent offense.
        (2) The anticipated release from a Department of
    
Corrections correctional facility or juvenile correctional facility of a person adjudicated delinquent under Section 5-20 of the Juvenile Court Act of 1987 (now repealed) or found guilty under Section 5-620 of that Act, on the basis of a sexually violent offense.
        (3) The discharge or conditional release of a person
    
who has been found not guilty of a sexually violent offense by reason of insanity under Section 5-2-4 of the Unified Code of Corrections.
    (c) The agency with jurisdiction shall provide the Attorney General and the State's Attorney with all of the following:
        (1) The person's name, identifying factors,
    
anticipated future residence and offense history;
        (2) A comprehensive evaluation of the person's mental
    
condition, the basis upon which a determination has been made that the person is subject to commitment under subsection (b) of Section 15 of this Act and a recommendation for action in furtherance of the purposes of this Act. The evaluation shall be conducted in conformance with the standards developed under the Sex Offender Management Board Act and by an evaluator licensed under the Sex Offender Evaluation and Treatment Provider Act; and
        (3) If applicable, documentation of any treatment and
    
the person's adjustment to any institutional placement.
    (d) Any agency or officer, employee or agent of an agency is immune from criminal or civil liability for any acts or omissions as the result of a good faith effort to comply with this Section.
(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 17 cases (2 in the last 5 years), 1999–2022 · leading case: People v. Hughes, 2012 IL 112817 (Ill. 2013).
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People v. Hughes, 2012 IL 112817 (Ill. 2013). · cites it 3× “If the defendant “may meet the criteria for commitment as a sexually violent person,” the agency with authority to release or discharge him is required to notify the Attorney General and the relevant State’s Attorney “as soon as possible beginning 3 months prior to the…”
In Re Det. of Powell, 839 N.E.2d 1008 (Ill. 2005). · cites it 2× “2d 300, 309 (2002); 725 ILCS 207/10(b) (West 2000). If such an individual “may meet the criteria for commitment as a sexually violent person,” the Act allows the State to petition the court for the civil detention of this person beyond his imposed period of incarceration.”
In Re Det. of Welsh, 913 N.E.2d 1109 (Ill. App. Ct. 2009). · cites it 4× “725 ILCS 207/10(a) (West 2004). The trial court denied the motion.”
In Re Det. of Anders, 710 N.E.2d 475 (Ill. App. Ct. 1999). · cites it 4× “725 ILCS 207/10, 15 (West Supp. 1997). After the State files a petition pursuant to section 15 (725 ILCS 207/15 (West Supp.”
In Re Det. of Samuelson, 727 N.E.2d 228 (Ill. 2000). · cites it 2× “725 ILCS 207/10 (West 1998). After the requisite notice is given, a petition alleging that the defendant is a sexually violent person may be filed by the Attorney General or, if the Attorney General elects not to proceed, by the relevant State's Attorney.”
In Re Det. of Kortte, 738 N.E.2d 983 (Ill. App. Ct. 2000). · cites it 2× “725 ILCS 207/ 10(b) (West 1998). The agency must also provide a “comprehensive evaluation of the person’s mental condition, the basis upon which a determination has been made that the person is subject to commitment” under the Act.”
People v. Tiney-Bey, 707 N.E.2d 751 (Ill. App. Ct. 1999). “725 ILCS 207/10(b) (West Supp. 1997). The Hendricks Court noted the commitment proceedings at issue did not involve retribution or deterrence, and though the statute allowed for restraint for an indeterminate period, it included conditional discharge provisions that allowed the…”
In re Det. of Duke, 2013 IL App (1st) 121722 (Ill. App. Ct. 2014). “” 725 ILCS 207/10(d) (West 2012). Additionally, state immunity and mandated reporter laws promulgated by the General Assembly provide similar immunities to agents of the State, including medical professionals, that determine if an individual presents an imminent danger to the…”
In Re Det. of Powell, 799 N.E.2d 937 (Ill. App. Ct. 2003). “” 725 ILCS 207/ 10(b)(1) (West 2000). The State argues that, under Lieberman, this court must construe the Act as a whole and that construing sections 10 and 15(b — 5)(1) together shows that the legislature intended section 15(b — 5)(1) to refer to “anticipated” discharge or…”
In re Det. of Campbell Opinion text corrected Mar. 26, 2001, 745 N.E.2d 733 (Ill. App. Ct. 2001). “The Department of Corrections (DOC) notified the Attorney General and the State’s Attorney of Saline County of Campbell’s pending release pursuant to section 10 of the Sexually Violent Persons Commitment Act (the Act) (725 ILCS 207/10 (West 1998)). The Attorney General and the…”
In re Det. of Anders (Ill. App. Ct. 1999). · cites it 4× “725 ILCS 207/10, 15 (West Supp. 1997). After the State files a petition pursuant to section 15 (725 ILCS 207/15 (West Supp.”
In re Det. of Powell (Ill. 2005). · cites it 2× “2d 300, 309 (2002); 725 ILCS 207/10(b) (West 2000). If such an individual “may meet the criteria for commitment as a sexually violent person,” the Act allows the State to petition the court for the civil detention of this person beyond his imposed period of incarceration.”
Show all 17 citing cases →
— 725 ILCS 207/10(a) — 1 case
In Re Det. of Welsh, 913 N.E.2d 1109 (Ill. App. Ct. 2009). “725 ILCS 207/10(a) (West 2004). The trial court denied the motion.”
— 725 ILCS 207/10(b) — 7 cases
In Re Det. of Powell, 839 N.E.2d 1008 (Ill. 2005). “2d 300, 309 (2002); 725 ILCS 207/10(b) (West 2000). If such an individual “may meet the criteria for commitment as a sexually violent person,” the Act allows the State to petition the court for the civil detention of this person beyond his imposed period of incarceration.”
In Re Det. of Welsh, 913 N.E.2d 1109 (Ill. App. Ct. 2009). “725 ILCS 207/10(a) (West 2004). The trial court denied the motion.”
In Re Det. of Kortte, 738 N.E.2d 983 (Ill. App. Ct. 2000). “725 ILCS 207/ 10(b) (West 1998). The agency must also provide a “comprehensive evaluation of the person’s mental condition, the basis upon which a determination has been made that the person is subject to commitment” under the Act.”
People v. Tiney-Bey, 707 N.E.2d 751 (Ill. App. Ct. 1999). “725 ILCS 207/10(b) (West Supp. 1997). The Hendricks Court noted the commitment proceedings at issue did not involve retribution or deterrence, and though the statute allowed for restraint for an indeterminate period, it included conditional discharge provisions that allowed the…”
In re Det. of Powell (Ill. 2005). “2d 300, 309 (2002); 725 ILCS 207/10(b) (West 2000). If such an individual “may meet the criteria for commitment as a sexually violent person,” the Act allows the State to petition the court for the civil detention of this person beyond his imposed period of incarceration.”
— 725 ILCS 207/10(b)(1) — 2 cases
People v. Hughes, 2012 IL 112817 (Ill. 2013). “If the defendant “may meet the criteria for commitment as a sexually violent person,” the agency with authority to release or discharge him is required to notify the Attorney General and the relevant State’s Attorney “as soon as possible beginning 3 months prior to the…”
In Re Det. of Powell, 799 N.E.2d 937 (Ill. App. Ct. 2003). “” 725 ILCS 207/ 10(b)(1) (West 2000). The State argues that, under Lieberman, this court must construe the Act as a whole and that construing sections 10 and 15(b — 5)(1) together shows that the legislature intended section 15(b — 5)(1) to refer to “anticipated” discharge or…”
— 725 ILCS 207/10(b)(2) — 1 case
In re Commitment of Walls, 2022 IL App (1st) 151075-U (Ill. App. Ct. 2022).
— 725 ILCS 207/10(c)(2) — 6 cases
People v. Hughes, 2012 IL 112817 (Ill. 2013). “If the defendant “may meet the criteria for commitment as a sexually violent person,” the agency with authority to release or discharge him is required to notify the Attorney General and the relevant State’s Attorney “as soon as possible beginning 3 months prior to the…”
In Re Det. of Anders, 710 N.E.2d 475 (Ill. App. Ct. 1999). “725 ILCS 207/10, 15 (West Supp. 1997). After the State files a petition pursuant to section 15 (725 ILCS 207/15 (West Supp.”
In Re Det. of Kortte, 738 N.E.2d 983 (Ill. App. Ct. 2000). “725 ILCS 207/ 10(b) (West 1998). The agency must also provide a “comprehensive evaluation of the person’s mental condition, the basis upon which a determination has been made that the person is subject to commitment” under the Act.”
Frazier v. Jeffreys (N.D. Ill. 2022).
In re Det. of Anders (Ill. App. Ct. 1999). “725 ILCS 207/10, 15 (West Supp. 1997). After the State files a petition pursuant to section 15 (725 ILCS 207/15 (West Supp.”
— 725 ILCS 207/10(d) — 1 case
In re Det. of Duke, 2013 IL App (1st) 121722 (Ill. App. Ct. 2014). “” 725 ILCS 207/10(d) (West 2012). Additionally, state immunity and mandated reporter laws promulgated by the General Assembly provide similar immunities to agents of the State, including medical professionals, that determine if an individual presents an imminent danger to the…”
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