ILCS » Chapter 725 · Act 207
Illinois Compiled Statutes

725 ILCS 207/15 (2026)

Sexually violent person petition; contents; filing

✓ current as of May 2026
Find cases: SyfertCases citing this section IL-ILGAilga.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
(725 ILCS 207/15)
    Sec. 15. Sexually violent person petition; contents; filing.
    (a) A petition alleging that a person is a sexually violent person must be filed before the release or discharge of the person or within 30 days of placement onto parole, aftercare release, or mandatory supervised release for an offense enumerated in paragraph (e) of Section 5 of this Act. A petition may be filed by the following:
        (1) The Attorney General on his or her own motion,
    
after consulting with and advising the State's Attorney of the county in which the person was convicted of a sexually violent offense, adjudicated delinquent for a sexually violent offense or found not guilty of or not responsible for a sexually violent offense by reason of insanity, mental disease, or mental defect; or
        (2) The State's Attorney of the county referenced in
    
paragraph (1)(a)(1) of this Section, on his or her own motion; or
        (3) The Attorney General and the State's Attorney of
    
the county referenced in paragraph (1)(a)(1) of this Section may jointly file a petition on their own motion; or
        (4) A petition may be filed at the request of the
    
agency with jurisdiction over the person, as defined in subsection (a) of Section 10 of this Act, by:
            (a) the Attorney General;
            (b) the State's Attorney of the county referenced
        
in paragraph (1)(a)(1) of this Section; or
            (c) the Attorney General and the State's Attorney
        
jointly.
    (b) A petition filed under this Section shall allege that all of the following apply to the person alleged to be a sexually violent person:
        (1) The person satisfies any of the following
    
criteria:
            (A) The person has been convicted of a sexually
        
violent offense;
            (B) The person has been found delinquent for a
        
sexually violent offense; or
            (C) The person has been found not guilty of a
        
sexually violent offense by reason of insanity, mental disease, or mental defect.
        (2) (Blank).
        (3) (Blank).
        (4) The person has a mental disorder.
        (5) The person is dangerous to others because the
    
person's mental disorder creates a substantial probability that he or she will engage in acts of sexual violence.
    (b-5) The petition must be filed no more than 90 days before discharge or entry into mandatory supervised release from a Department of Corrections or aftercare release from the Department of Juvenile Justice correctional facility for a sentence that was imposed upon a conviction for a sexually violent offense. For inmates sentenced under the law in effect prior to February 1, 1978, the petition shall be filed no more than 90 days after the Prisoner Review Board's order granting parole pursuant to Section 3-3-5 of the Unified Code of Corrections.
    (b-6) The petition must be filed no more than 90 days before discharge or release:
        (1) from a Department of Juvenile Justice juvenile
    
correctional facility if the person was placed in the facility for being adjudicated delinquent under Section 5-20 of the Juvenile Court Act of 1987 or found guilty under Section 5-620 of that Act on the basis of a sexually violent offense; or
        (2) from a commitment order that was entered as a
    
result of a sexually violent offense.
    (b-7) A person convicted of a sexually violent offense remains eligible for commitment as a sexually violent person pursuant to this Act under the following circumstances: (1) the person is in custody for a sentence that is being served concurrently or consecutively with a sexually violent offense; (2) the person returns to the custody of the Illinois Department of Corrections or the Department of Juvenile Justice for any reason during the term of parole, aftercare release, or mandatory supervised release being served for a sexually violent offense; or (3) the person is convicted or adjudicated delinquent for any offense committed during the term of parole, aftercare release, or mandatory supervised release being served for a sexually violent offense, regardless of whether that conviction or adjudication was for a sexually violent offense.
    (c) A petition filed under this Section shall state with particularity essential facts to establish probable cause to believe the person is a sexually violent person. If the petition alleges that a sexually violent offense or act that is a basis for the allegation under paragraph (b)(1) of this Section was an act that was sexually motivated as provided under paragraph (e)(2) of Section 5 of this Act, the petition shall state the grounds on which the offense or act is alleged to be sexually motivated.
    (d) A petition under this Section shall be filed in either of the following:
        (1) The circuit court for the county in which the
    
person was convicted of a sexually violent offense, adjudicated delinquent for a sexually violent offense or found not guilty of a sexually violent offense by reason of insanity, mental disease or mental defect.
        (2) The circuit court for the county in which the
    
person is in custody under a sentence, a placement to a Department of Corrections correctional facility or a Department of Juvenile Justice juvenile correctional facility, or a commitment order.
    (e) The filing of a petition under this Act shall toll the running of the term of parole or mandatory supervised release until:
        (1) dismissal of the petition filed under this Act;
        (2) a finding by a judge or jury that the respondent
    
is not a sexually violent person; or
        (3) the sexually violent person is discharged under
    
Section 65 of this Act.
    (f) The State has the right to have the person evaluated by experts chosen by the State. The agency with jurisdiction as defined in Section 10 of this Act shall allow the expert reasonable access to the person for purposes of examination, to the person's records, and to past and present treatment providers and any other staff members relevant to the examination.
(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)

    
Notes of Decisions
Cited in 126 cases (19 in the last 5 years), 1999–2026 · leading case: In Re Det. of Powell, 839 N.E.2d 1008 (Ill. 2005).
Sort: Relevance Newest Treatment
In Re Det. of Powell, 839 N.E.2d 1008 (Ill. 2005). · cites it 9× “Respondent filed a motion to dismiss the petition as untimely, alleging that the petition was filed more than 90 days before his entry into mandatory supervised release, in violation of section 15(b—5)(1) of the Commitment Act (725 ILCS 207/15(b—5)(1) (West 2000)). The circuit…”
People v. Hughes, 2012 IL 112817 (Ill. 2013). · cites it 3× “725 ILCS 207/15 (West 2006). Rather, a petition for commitment will depend on various procedures, including a comprehensive evaluation of a defendant’s mental health condition to determine whether defendant is currently a “sexually violent person” as that term is defined under…”
In Re Det. of Samuelson, 727 N.E.2d 228 (Ill. 2000). · cites it 6× “725 ILCS 207/15 (West 1998). Proceedings on the petition are characterized by the law as civil in nature (725 ILCS 207/20 (West 1998)), but at the trial on the merits, "all rules of evidence in criminal actions apply" and "[a]ll constitutional rights available to a defendant in…”
In Re Det. of Welsh, 913 N.E.2d 1109 (Ill. App. Ct. 2009). · cites it 6× “725 ILCS 207/15(a) (West 2004). The petition asserted that respondent was convicted in 1973 of the “sexually violent offense” of “murder, sexually motivated.”
In Re Det. of Lieberman, 776 N.E.2d 218 (Ill. 2002). · cites it 2× “On January 6, 2000, the State filed in the circuit court of Cook County a petition pursuant to section 15 of the Commitment Act (725 ILCS 207/15 (West 1998)) alleging that respondent is a “sexually violent person” within the meaning of section 5(f) of the Act (725 ILCS 207/5(f)…”
In Re Det. of Hardin, 932 N.E.2d 1016 (Ill. 2010). · cites it 2× “He contends the outcome should be the same here, limiting the State to filing another civil commitment petition “no more than 90 days before [respondent’s] discharge or entry into mandatory supervised release” (725 ILCS 207/15(b — 5) (West 2006)) or “within 30 days of [his]…”
In re The Det. of White, 2016 IL App (1st) 151187 (Ill. App. Ct. 2016). · cites it 2× “725 ILCS 207/15(b) (West 2014); In re Detention of Hardin, 238 Ill.”
People v. Trainor, 752 N.E.2d 1055 (Ill. 2001). · cites it 2× “The Sexually Violent Persons Act applies to persons who are within 90 days of (1) discharge for a sentence that was imposed upon a conviction for a sexually violent offense; (2) release from a Department of Corrections juvenile correctional facility following a delinquency…”
People v. Swanson, 780 N.E.2d 342 (Ill. App. Ct. 2002). · cites it 3× “See 725 ILCS 207/15(b) (West 1998). The trial court denied both motions.”
In re Commitment of Sewell, 2023 IL App (1st) 220168 (Ill. App. Ct. 2023). · cites it 8× “See 725 ILCS 207/15 (West 2006); In re Commitment of Sewell, 2014 IL App (1st) 132151-U , ¶ 7.”
People v. Tittlebach, 754 N.E.2d 484 (Ill. App. Ct. 2001). · cites it 2× “See 725 ILCS 207/15 (West 1998). The petition alleged that, in 1997, respondent had been convicted of criminal sexual assault and sentenced to four years’ imprisonment and, in 1980, respondent had pleaded guilty to two counts of indecent liberties with a minor and had received…”
In re Commitment of Hooker, 2012 IL App (2d) 101007 (Ill. App. Ct. 2012). · cites it 3× “ANALYSIS ¶ 49 As noted, the State must allege and establish three elements in seeking to commit a person as a sexually violent person under the SVP Act: (1) the person has been convicted of a sexually violent offense (725 ILCS 207/15(b)(1)(B) (West 2008)), (2) the person suffers…”
Show all 126 citing cases →
— 725 ILCS 207/15(a) — 10 cases
People v. Hughes, 2012 IL 112817 (Ill. 2013). “725 ILCS 207/15 (West 2006). Rather, a petition for commitment will depend on various procedures, including a comprehensive evaluation of a defendant’s mental health condition to determine whether defendant is currently a “sexually violent person” as that term is defined under…”
In Re Det. of Welsh, 913 N.E.2d 1109 (Ill. App. Ct. 2009). “725 ILCS 207/15(a) (West 2004). The petition asserted that respondent was convicted in 1973 of the “sexually violent offense” of “murder, sexually motivated.”
In Re Det. of Lindsay, 776 N.E.2d 304 (Ill. App. Ct. 2002).
In re Commitment of DeSilvestro, 2013 IL App (3d) 120563 (Ill. App. Ct. 2013).
In re Commitment of DeSilvestro, 2013 IL App (3d) 120563 (Ill. App. Ct. 2013).
— 725 ILCS 207/15(a)(1) — 3 cases
People v. Hughes, 2012 IL 112817 (Ill. 2013). “725 ILCS 207/15 (West 2006). Rather, a petition for commitment will depend on various procedures, including a comprehensive evaluation of a defendant’s mental health condition to determine whether defendant is currently a “sexually violent person” as that term is defined under…”
Liberman v. Jackson, 2020 IL App (4th) 180750-U (Ill. App. Ct. 2020).
In re Det. of Hardin (Ill. 2010).
— 725 ILCS 207/15(a)(3) — 1 case
In re Det. of Campbell Opinion text corrected Mar. 26, 2001, 745 N.E.2d 733 (Ill. App. Ct. 2001).
— 725 ILCS 207/15(a)(l) — 3 cases
In Re Det. of Hardin, 932 N.E.2d 1016 (Ill. 2010). “He contends the outcome should be the same here, limiting the State to filing another civil commitment petition “no more than 90 days before [respondent’s] discharge or entry into mandatory supervised release” (725 ILCS 207/15(b — 5) (West 2006)) or “within 30 days of [his]…”
In Re Det. of Welsh, 913 N.E.2d 1109 (Ill. App. Ct. 2009). “725 ILCS 207/15(a) (West 2004). The petition asserted that respondent was convicted in 1973 of the “sexually violent offense” of “murder, sexually motivated.”
In Re Det. of Powell, 799 N.E.2d 937 (Ill. App. Ct. 2003).
— 725 ILCS 207/15(b) — 20 cases
People v. Trainor, 752 N.E.2d 1055 (Ill. 2001). “The Sexually Violent Persons Act applies to persons who are within 90 days of (1) discharge for a sentence that was imposed upon a conviction for a sexually violent offense; (2) release from a Department of Corrections juvenile correctional facility following a delinquency…”
People v. Swanson, 780 N.E.2d 342 (Ill. App. Ct. 2002). “See 725 ILCS 207/15(b) (West 1998). The trial court denied both motions.”
In Re Det. of Welsh, 913 N.E.2d 1109 (Ill. App. Ct. 2009). “725 ILCS 207/15(a) (West 2004). The petition asserted that respondent was convicted in 1973 of the “sexually violent offense” of “murder, sexually motivated.”
In re The Det. of White, 2016 IL App (1st) 151187 (Ill. App. Ct. 2016). “725 ILCS 207/15(b) (West 2014); In re Detention of Hardin, 238 Ill.”
People v. Botruff, 817 N.E.2d 463 (Ill. 2004).
— 725 ILCS 207/15(b)(1) — 5 cases
In re Commitment of Butler, 2013 IL App (1st) 113606 (Ill. App. Ct. 2013).
In re Commitment of Dodge, 2013 IL App (1st) 113603 (Ill. App. Ct. 2013).
In re Commitment of Butler, 2013 IL App (1st) 113606 (Ill. App. Ct. 2013).
In re Commitment of Steen, 2022 IL App (1st) 201012-U (Ill. App. Ct. 2022).
In re Commitment of Patten, 2025 IL App (5th) 240573-U (Ill. App. Ct. 2025).
— 725 ILCS 207/15(b)(1)(A) — 9 cases
In re Commitment of Evans, 2021 IL App (1st) 192293 (Ill. App. Ct. 2021).
In re Commitment of Hardin, 2013 IL App (2d) 120977 (Ill. App. Ct. 2013).
In re Commitment of Hardin, 2013 IL App (2d) 120977 (Ill. App. Ct. 2013).
In re Commitment of Williams, 2022 IL App (1st) 181274-U (Ill. App. Ct. 2022).
In re Commitment of Sykes, 2021 IL App (1st) 192565-U (Ill. App. Ct. 2021).
— 725 ILCS 207/15(b)(1)(B) — 3 cases
In re Commitment of Hooker, 2012 IL App (2d) 101007 (Ill. App. Ct. 2012). “ANALYSIS ¶ 49 As noted, the State must allege and establish three elements in seeking to commit a person as a sexually violent person under the SVP Act: (1) the person has been convicted of a sexually violent offense (725 ILCS 207/15(b)(1)(B) (West 2008)), (2) the person suffers…”
People v. Jonathan C.B., 898 N.E.2d 252 (Ill. App. Ct. 2008).
In Re Commitment of Hooker, 968 N.E.2d 1087 (Ill. App. Ct. 2012).
— 725 ILCS 207/15(b)(2) — 6 cases
In Re Det. of Allen, 772 N.E.2d 354 (Ill. App. Ct. 2002).
In Re Det. of Diestelhorst, 716 N.E.2d 823 (Ill. App. Ct. 1999).
In Re Det. of Anders, 710 N.E.2d 475 (Ill. App. Ct. 1999).
In re Det. of Diestelhorst (Ill. App. Ct. 1999).
In re Det. of Allen (Ill. App. Ct. 2002).
— 725 ILCS 207/15(b)(4) — 13 cases
In re The Det. of White, 2016 IL App (1st) 151187 (Ill. App. Ct. 2016). “725 ILCS 207/15(b) (West 2014); In re Detention of Hardin, 238 Ill.”
In Re Det. of Isbell, 777 N.E.2d 994 (Ill. App. Ct. 2002).
People v. Jonathan C.B., 898 N.E.2d 252 (Ill. App. Ct. 2008).
In re Commitment of Hooker, 2012 IL App (2d) 101007 (Ill. App. Ct. 2012). “ANALYSIS ¶ 49 As noted, the State must allege and establish three elements in seeking to commit a person as a sexually violent person under the SVP Act: (1) the person has been convicted of a sexually violent offense (725 ILCS 207/15(b)(1)(B) (West 2008)), (2) the person suffers…”
People v. McDougle, 708 N.E.2d 482 (Ill. App. Ct. 1999).
— 725 ILCS 207/15(b)(5) — 13 cases
In re Commitment of Gavin, 2019 IL App (1st) 180881 (Ill. App. Ct. 2019).
In Re Det. of Hayes, 747 N.E.2d 444 (Ill. App. Ct. 2001).
In re Commitment of Evans, 2021 IL App (1st) 192293 (Ill. App. Ct. 2021).
In re Commitment of Hooker, 2012 IL App (2d) 101007 (Ill. App. Ct. 2012). “ANALYSIS ¶ 49 As noted, the State must allege and establish three elements in seeking to commit a person as a sexually violent person under the SVP Act: (1) the person has been convicted of a sexually violent offense (725 ILCS 207/15(b)(1)(B) (West 2008)), (2) the person suffers…”
People v. Jonathan C.B., 898 N.E.2d 252 (Ill. App. Ct. 2008).
— 725 ILCS 207/15(b)(l)(A) — 1 case
People v. Ottinger, 775 N.E.2d 203 (Ill. App. Ct. 2002).
— 725 ILCS 207/15(b)(l)(B) — 1 case
People v. Jonathan C.B., 898 N.E.2d 252 (Ill. App. Ct. 2008).
— 725 ILCS 207/15(c) — 1 case
In Re Det. of Welsh, 913 N.E.2d 1109 (Ill. App. Ct. 2009). “725 ILCS 207/15(a) (West 2004). The petition asserted that respondent was convicted in 1973 of the “sexually violent offense” of “murder, sexually motivated.”
— 725 ILCS 207/15(e) — 5 cases
People v. Steward, 940 N.E.2d 140 (Ill. App. Ct. 2010).
People v. Bethel, 2012 IL App (5th) 100330 (Ill. App. Ct. 2012).
In re Commitment of Sewell, 2023 IL App (1st) 220168 (Ill. App. Ct. 2023). “See 725 ILCS 207/15 (West 2006); In re Commitment of Sewell, 2014 IL App (1st) 132151-U , ¶ 7.”
People v. Burger, 2025 IL App (5th) 231191-U (Ill. App. Ct. 2025).
People v. Steward (Ill. App. Ct. 2010).
— 725 ILCS 207/15(f) — 1 case
In re Commitment of Anderson, 2014 IL App (3d) 121049 (Ill. App. Ct. 2014).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.