ILCS » Chapter 725 · Act 207
Illinois Compiled Statutes

725 ILCS 207/25 (2026)

Rights of persons subject to petition

✓ current as of May 2026
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(725 ILCS 207/25)
    Sec. 25. Rights of persons subject to petition.
    (a) Any person who is the subject of a petition filed under Section 15 of this Act shall be served with a copy of the petition in accordance with the Civil Practice Law.
    (b) The circuit court in which a petition under Section 15 of this Act is filed shall conduct all hearings under this Act. The court shall give the person who is the subject of the petition reasonable notice of the time and place of each such hearing. The court may designate additional persons to receive these notices.
    (c) Except as provided in paragraph (b)(1) of Section 65 and Section 70 of this Act, at any hearing conducted under this Act, the person who is the subject of the petition has the right:
        (1) To be present and to be represented by counsel.
    
If the person is indigent, the court shall appoint counsel.
        (2) To remain silent.
        (3) To present and cross-examine witnesses.
        (4) To have the hearing recorded by a court reporter.
    (d) The person who is the subject of the petition, the person's attorney, the Attorney General or the State's Attorney may request that a trial under Section 35 of this Act be to a jury. A verdict of a jury under this Act is not valid unless it is unanimous.
    (e) Whenever the person who is the subject of the petition is required to submit to an examination under this Act, he or she may retain experts or professional persons to perform an examination. The State has the right to have the person evaluated by an expert chosen by the State. All examiners retained by or appointed for any party shall have reasonable access to the person for the purpose of the examination, as well as to the person's past and present treatment records and patient health care records. If the person is indigent, the court shall, upon the person's request, appoint a qualified and available expert or professional person to perform an examination. Upon the order of the circuit court, the county shall pay, as part of the costs of the action, the costs of a court-appointed expert or professional person to perform an examination and participate in the trial on behalf of an indigent person.
(Source: P.A. 96-1128, eff. 1-1-11.)

    
Notes of Decisions
Cited in 68 cases (6 in the last 5 years), 1999–2026 · leading case: In Re Det. of Samuelson, 727 N.E.2d 228 (Ill. 2000).
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In Re Det. of Samuelson, 727 N.E.2d 228 (Ill. 2000). · cites it 10× “See 725 ILCS 207/25, 35(b) (West 1998). Although disparities do exist, statutory proceedings under the Act are civil rather than criminal in nature, and it is by no means irrational *237 for the General Assembly to treat civil litigants different from criminal ones.”
People v. Botruff, 771 N.E.2d 570 (Ill. App. Ct. 2002). · cites it 11× “725 ILCS 207/25 (West 2000). Section 25(e) requires the trial court to appoint an independent evaluator "[w]henever the person who is the subject of the petition is required to submit to an examination under [the] Act.”
People v. Tiney-Bey, 707 N.E.2d 751 (Ill. App. Ct. 1999). · cites it 10× “See 725 ILCS 207/25(c)(1) (West Supp. 1997) (right to be present and represented by appointed counsel); 725 ILCS 207/25(c)(2) (West Supp.”
In Re Det. of Traynoff, 789 N.E.2d 865 (Ill. App. Ct. 2003). · cites it 4× “Specifically, respondent argues that the order (1) violated his right to remain silent pursuant to section 25(c)(2) of the Act (725 ILCS 207/25(c)(2) (West 1998)); and (2) was contrary to section 30(c) of the Act (725 ILCS 207/30(c) (West 1998)).”
People v. Botruff, 817 N.E.2d 463 (Ill. 2004). · cites it 2× “3d 486 ), holding that: (1) section 25(e) of the Act (725 ILCS 207/25(e) (West 2000)), requiring a circuit court to appoint an independent evaluator upon an indigent respondent’s request, applies to postcommitment proceedings; and (2) section 65(b)(1) of the Act (725 ILCS…”
People v. Ottinger, 775 N.E.2d 203 (Ill. App. Ct. 2002). · cites it 3× “725 ILCS 207/25(a) (West 2000). Therefore, we do not read the provision in section 25(e) as applying to the proceedings under sections 55, 60, and 65 of the Act in this case.”
In Re Det. of Anders, 710 N.E.2d 475 (Ill. App. Ct. 1999). · cites it 4× “Whether the right to remain silent, pursuant to 725 ILCS 207/25 and the Constitutions of the State of Illinois and of the United States, granted to Respondent Alvin Anders, attaches prior to the evaluation of Dr.”
People v. Hughes, 2012 IL 112817 (Ill. 2013). “725 ILCS 207/25 (West 2006). ¶ 40 Thus, a defendant may be convicted of a predicate sexual offense, but may not be committed under the Act because the evidence is ultimately insufficient to find that the defendant’s mental condition “makes it substantially probable that the…”
In Re Det. of Erbe, 800 N.E.2d 137 (Ill. App. Ct. 2003). · cites it 2× “See 725 ILCS 207/25(c) (West 2000). B. The Trial Court's Denial of Defendant's Motion for a Frye Hearing Defendant also argues that the trial court erred by denying his motion for a Frye evidentiary hearing to determine the admissibility of evidence regarding the actuarial…”
People v. Jackson (In Re Jackson), 2017 IL App (3d) 170031 (Ill. App. Ct. 2017). · cites it 5× “proceedings under the SVP Act are civil in nature ( 725 ILCS 207/20 (West 2010) ), they implicate sixth amendment rights, including the right to be informed of the nature of the accusation ( 725 ILCS 207/25(a) (West 2010)), the right to counsel ( 725 ILCS 207/25(c)(1) (West…”
In Re Det. of Allen, 772 N.E.2d 354 (Ill. App. Ct. 2002). · cites it 3× “Constitutionality of Section 25(e) of the Act Respondent next contends that section 25(e) of the Act (725 ILCS 207/25(e) (West 1998)) violates his constitutional right to due process of law because it does not provide an indigent respondent with as many medical experts as the…”
People v. Rainey, 758 N.E.2d 492 (Ill. App. Ct. 2001). · cites it 2× “” 725 ILCS 207/25(c)(l) (West 1998). Section 35(b) provides that “[a]ll constitutional rights available to a defendant in a criminal proceeding are available” to defendants on trial under the Act.”
Show all 68 citing cases →
— 725 ILCS 207/25(a) — 8 cases
People v. Ottinger, 775 N.E.2d 203 (Ill. App. Ct. 2002). “725 ILCS 207/25(a) (West 2000). Therefore, we do not read the provision in section 25(e) as applying to the proceedings under sections 55, 60, and 65 of the Act in this case.”
People v. Botruff, 771 N.E.2d 570 (Ill. App. Ct. 2002). “725 ILCS 207/25 (West 2000). Section 25(e) requires the trial court to appoint an independent evaluator "[w]henever the person who is the subject of the petition is required to submit to an examination under [the] Act.”
People v. Jackson (In Re Jackson), 2017 IL App (3d) 170031 (Ill. App. Ct. 2017). “proceedings under the SVP Act are civil in nature ( 725 ILCS 207/20 (West 2010) ), they implicate sixth amendment rights, including the right to be informed of the nature of the accusation ( 725 ILCS 207/25(a) (West 2010)), the right to counsel ( 725 ILCS 207/25(c)(1) (West…”
In re Commitment of Jackson, 2017 IL App (3d) 170031 (Ill. App. Ct. 2018).
In re Det. of Carpenter, 2015 IL App (1st) 133921 (Ill. App. Ct. 2015).
— 725 ILCS 207/25(b) — 2 cases
People v. Miller, 2014 IL App (1st) 122186 (Ill. App. Ct. 2014).
In re Commitment of Anderson, 2014 IL App (3d) 121049 (Ill. App. Ct. 2014).
— 725 ILCS 207/25(c) — 15 cases
In Re Det. of Erbe, 800 N.E.2d 137 (Ill. App. Ct. 2003). “See 725 ILCS 207/25(c) (West 2000). B. The Trial Court's Denial of Defendant's Motion for a Frye Hearing Defendant also argues that the trial court erred by denying his motion for a Frye evidentiary hearing to determine the admissibility of evidence regarding the actuarial…”
In Re Det. of Hardin, 932 N.E.2d 1016 (Ill. 2010).
In re Det. of Stanbridge, 2012 IL 112337 (Ill. 2012).
People v. Ottinger, 775 N.E.2d 203 (Ill. App. Ct. 2002). “725 ILCS 207/25(a) (West 2000). Therefore, we do not read the provision in section 25(e) as applying to the proceedings under sections 55, 60, and 65 of the Act in this case.”
People v. Botruff, 771 N.E.2d 570 (Ill. App. Ct. 2002). “725 ILCS 207/25 (West 2000). Section 25(e) requires the trial court to appoint an independent evaluator "[w]henever the person who is the subject of the petition is required to submit to an examination under [the] Act.”
— 725 ILCS 207/25(c)(1) — 13 cases
In re Commitment of Holt, 2022 IL App (1st) 210402 (Ill. App. Ct. 2022).
People v. Tiney-Bey, 707 N.E.2d 751 (Ill. App. Ct. 1999). “See 725 ILCS 207/25(c)(1) (West Supp. 1997) (right to be present and represented by appointed counsel); 725 ILCS 207/25(c)(2) (West Supp.”
In re Commitment of Dodge, 2013 IL App (1st) 113603 (Ill. App. Ct. 2013).
In re Commitment of Gavin, 2014 IL App (1st) 122918 (Ill. App. Ct. 2014).
People v. Jackson (In Re Jackson), 2017 IL App (3d) 170031 (Ill. App. Ct. 2017). “proceedings under the SVP Act are civil in nature ( 725 ILCS 207/20 (West 2010) ), they implicate sixth amendment rights, including the right to be informed of the nature of the accusation ( 725 ILCS 207/25(a) (West 2010)), the right to counsel ( 725 ILCS 207/25(c)(1) (West…”
— 725 ILCS 207/25(c)(2) — 14 cases
In Re Det. of Traynoff, 789 N.E.2d 865 (Ill. App. Ct. 2003). “Specifically, respondent argues that the order (1) violated his right to remain silent pursuant to section 25(c)(2) of the Act (725 ILCS 207/25(c)(2) (West 1998)); and (2) was contrary to section 30(c) of the Act (725 ILCS 207/30(c) (West 1998)).”
In Re Det. of Traynoff, 831 N.E.2d 709 (Ill. App. Ct. 2005).
In Re Det. of Anders, 710 N.E.2d 475 (Ill. App. Ct. 1999). “Whether the right to remain silent, pursuant to 725 ILCS 207/25 and the Constitutions of the State of Illinois and of the United States, granted to Respondent Alvin Anders, attaches prior to the evaluation of Dr.”
People v. Tiney-Bey, 707 N.E.2d 751 (Ill. App. Ct. 1999). “See 725 ILCS 207/25(c)(1) (West Supp. 1997) (right to be present and represented by appointed counsel); 725 ILCS 207/25(c)(2) (West Supp.”
In Re Det. of Trevino, 740 N.E.2d 810 (Ill. App. Ct. 2000).
— 725 ILCS 207/25(c)(3) — 9 cases
In re Det. of Melcher, 2013 IL App (1st) 123085 (Ill. App. Ct. 2014).
People v. Tiney-Bey, 707 N.E.2d 751 (Ill. App. Ct. 1999). “See 725 ILCS 207/25(c)(1) (West Supp. 1997) (right to be present and represented by appointed counsel); 725 ILCS 207/25(c)(2) (West Supp.”
In re Commitment of Gavin, 2014 IL App (1st) 122918 (Ill. App. Ct. 2014).
People v. Jackson (In Re Jackson), 2017 IL App (3d) 170031 (Ill. App. Ct. 2017). “proceedings under the SVP Act are civil in nature ( 725 ILCS 207/20 (West 2010) ), they implicate sixth amendment rights, including the right to be informed of the nature of the accusation ( 725 ILCS 207/25(a) (West 2010)), the right to counsel ( 725 ILCS 207/25(c)(1) (West…”
In re Commitment of Gavin, 2014 IL App (1st) 122918 (Ill. App. Ct. 2014).
— 725 ILCS 207/25(c)(l) — 4 cases
People v. Rainey, 758 N.E.2d 492 (Ill. App. Ct. 2001). “” 725 ILCS 207/25(c)(l) (West 1998). Section 35(b) provides that “[a]ll constitutional rights available to a defendant in a criminal proceeding are available” to defendants on trial under the Act.”
Lieberman v. Budz, 826 N.E.2d 1252 (Ill. App. Ct. 2005).
People v. Phillips, 367 Ill. App. 3d 1036 (Ill. App. Ct. 2006).
In re Det. of Campbell Opinion text corrected Mar. 26, 2001, 745 N.E.2d 733 (Ill. App. Ct. 2001).
— 725 ILCS 207/25(d) — 8 cases
In Re Det. of Samuelson, 727 N.E.2d 228 (Ill. 2000). “See 725 ILCS 207/25, 35(b) (West 1998). Although disparities do exist, statutory proceedings under the Act are civil rather than criminal in nature, and it is by no means irrational *237 for the General Assembly to treat civil litigants different from criminal ones.”
People v. Tiney-Bey, 707 N.E.2d 751 (Ill. App. Ct. 1999). “See 725 ILCS 207/25(c)(1) (West Supp. 1997) (right to be present and represented by appointed counsel); 725 ILCS 207/25(c)(2) (West Supp.”
In re Commitment of Gavin, 2014 IL App (1st) 122918 (Ill. App. Ct. 2014).
People v. Jackson (In Re Jackson), 2017 IL App (3d) 170031 (Ill. App. Ct. 2017). “proceedings under the SVP Act are civil in nature ( 725 ILCS 207/20 (West 2010) ), they implicate sixth amendment rights, including the right to be informed of the nature of the accusation ( 725 ILCS 207/25(a) (West 2010)), the right to counsel ( 725 ILCS 207/25(c)(1) (West…”
In re Commitment of Gavin, 2014 IL App (1st) 122918 (Ill. App. Ct. 2014).
— 725 ILCS 207/25(e) — 25 cases
People v. Botruff, 817 N.E.2d 463 (Ill. 2004). “3d 486 ), holding that: (1) section 25(e) of the Act (725 ILCS 207/25(e) (West 2000)), requiring a circuit court to appoint an independent evaluator upon an indigent respondent’s request, applies to postcommitment proceedings; and (2) section 65(b)(1) of the Act (725 ILCS…”
In Re Det. of Samuelson, 727 N.E.2d 228 (Ill. 2000). “See 725 ILCS 207/25, 35(b) (West 1998). Although disparities do exist, statutory proceedings under the Act are civil rather than criminal in nature, and it is by no means irrational *237 for the General Assembly to treat civil litigants different from criminal ones.”
People v. Botruff, 771 N.E.2d 570 (Ill. App. Ct. 2002). “725 ILCS 207/25 (West 2000). Section 25(e) requires the trial court to appoint an independent evaluator "[w]henever the person who is the subject of the petition is required to submit to an examination under [the] Act.”
In Re Det. of Allen, 772 N.E.2d 354 (Ill. App. Ct. 2002). “Constitutionality of Section 25(e) of the Act Respondent next contends that section 25(e) of the Act (725 ILCS 207/25(e) (West 1998)) violates his constitutional right to due process of law because it does not provide an indigent respondent with as many medical experts as the…”
People v. Masterson, 2011 IL 110072 (Ill. 2011).
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