ILCS » Chapter 725 · Act 207
Illinois Compiled Statutes

725 ILCS 207/30 (2026)

Detention; probable cause hearing; transfer for examination

✓ current as of May 2026
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(725 ILCS 207/30)
    Sec. 30. Detention; probable cause hearing; transfer for examination.
    (a) Upon the filing of a petition under Section 15 of this Act, the court shall review the petition to determine whether to issue an order for detention of the person who is the subject of the petition. The person shall be detained only if there is cause to believe that the person is eligible for commitment under subsection (f) of Section 35 of this Act. A person detained under this Section shall be held in a facility approved by the Department. The Department may elect to place persons who have been ordered by the court to be detained in a State-operated mental health facility or a portion of that facility. Persons placed in a State-operated mental health facility under this Act shall be separated and shall not comingle with the recipients of the mental health facility. The portion of a State-operated mental health facility that is used for the persons detained under this Act shall not be a part of the mental health facility for the enforcement and implementation of the Mental Health and Developmental Disabilities Code nor shall their care and treatment be subject to the provisions of the Mental Health and Developmental Disabilities Code. The changes added to this Section by Public Act 98-79 are inoperative on and after June 30, 2015. If the person is serving a sentence of imprisonment, is in a Department of Corrections correctional facility or juvenile correctional facility or is committed to institutional care, and the court orders detention under this Section, the court shall order that the person be transferred to a detention facility approved by the Department. A detention order under this Section remains in effect until the person is discharged after a trial under Section 35 of this Act or until the effective date of a commitment order under Section 40 of this Act, whichever is applicable.
    (b) Whenever a petition is filed under Section 15 of this Act, the court shall hold a hearing to determine whether there is probable cause to believe that the person named in the petition is a sexually violent person. If the person named in the petition is in custody, the court shall hold the probable cause hearing within 72 hours after the petition is filed, excluding Saturdays, Sundays and legal holidays. The court may grant a continuance of the probable cause hearing for no more than 7 additional days upon the motion of the respondent, for good cause. If the person named in the petition has been released, is on parole, is on aftercare release, is on mandatory supervised release, or otherwise is not in custody, the court shall hold the probable cause hearing within a reasonable time after the filing of the petition. At the probable cause hearing, the court shall admit and consider all relevant hearsay evidence.
    (c) If the court determines after a hearing that there is probable cause to believe that the person named in the petition is a sexually violent person, the court shall order that the person be taken into custody if he or she is not in custody and shall order the person to be transferred within a reasonable time to an appropriate facility for an evaluation as to whether the person is a sexually violent person. If the person who is named in the petition refuses to speak to, communicate with, or otherwise fails to cooperate with the examining evaluator from the Department of Human Services or the Department of Corrections, that person may only introduce evidence and testimony from any expert or professional person who is retained or court-appointed to conduct an examination of the person that results from a review of the records and may not introduce evidence resulting from an examination of the person. Notwithstanding the provisions of Section 10 of the Mental Health and Developmental Disabilities Confidentiality Act, all evaluations conducted pursuant to this Act and all Illinois Department of Corrections treatment records shall be admissible at all proceedings held pursuant to this Act, including the probable cause hearing and the trial.
    If the court determines that probable cause does not exist to believe that the person is a sexually violent person, the court shall dismiss the petition.
    (d) The Department shall promulgate rules that provide the qualifications for persons conducting evaluations under subsection (c) of this Section.
    (e) If the person named in the petition claims or appears to be indigent, the court shall, prior to the probable cause hearing under subsection (b) of this Section, appoint counsel.
(Source: P.A. 98-79, eff. 7-15-13; 98-558, eff. 1-1-14; 98-756, eff. 7-16-14.)

    
Notes of Decisions
Cited in 85 cases (11 in the last 5 years), 1999–2026 · leading case: In Re Det. of Powell, 839 N.E.2d 1008 (Ill. 2005).
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In Re Det. of Powell, 839 N.E.2d 1008 (Ill. 2005). · cites it 6× “725 ILCS 207/30(a) (West 2000). The court also is required to conduct a hearing to determine if there is probable cause to believe that the person named in the petition is a sexually violent person.”
In Re Det. of Erbe, 800 N.E.2d 137 (Ill. App. Ct. 2003). · cites it 8× “In July 2000, defendant pro se filed a motion to dismiss the State's petition, alleging, inter alia, that (1) his probable-cause hearing was not held within 72 hours of the filing of the State's petition, as required by statute (725 ILCS 207/30(b) (West 2000)); and (2) he was…”
In Re Det. of Welsh, 913 N.E.2d 1109 (Ill. App. Ct. 2009). · cites it 6× “725 ILCS 207/30 (West 2004). It is axiomatic that a cause of action should not be dismissed on a section 2 — 615 motion unless no set of facts can be proved that would entitle the petitioner to relief.”
In Re Det. of Traynoff, 789 N.E.2d 865 (Ill. App. Ct. 2003). · cites it 6× “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 Samuelson, 727 N.E.2d 228 (Ill. 2000). · cites it 4× “725 ILCS 207/30 (West 1998). Before the trial commenced, the circuit court dismissed the State's petition on Samuelson's motion, holding that the Act is unconstitutional.”
In Re Det. of Hardin, 907 N.E.2d 914 (Ill. App. Ct. 2009). · cites it 5× “” 725 ILCS 207/30(b) (West 2006); see 725 ILCS 207/15 (West 2006).”
In Re Det. of Hardin, 932 N.E.2d 1016 (Ill. 2010). · cites it 2× “He adds that the same legislative intent is shown in sections 30(c) and 35(f), requiring the court to dismiss the State’s civil commitment petition: (1) if, at the probable cause hearing, “the court determines that probable cause does not exist to believe that the person is a…”
Lieberman v. Budz, 826 N.E.2d 1252 (Ill. App. Ct. 2005). · cites it 8× “JUSTICE O’BRIEN delivered the opinion of the court: In 2000, the Cook County circuit court ordered the petitioner, Brad Lieberman, to be civilly detained (725 ILCS 207/30 (West 2002)) pending trial for commitment under the Sexually Violent Persons Commitment Act (Act) (725 ILCS…”
People v. Masterson, 2011 IL 110072 (Ill. 2011). · cites it 2× “725 ILCS 207/30 (West 2000). If the trial court finds that probable cause exists, the court is required to order the individual to undergo a mental evaluation.”
People v. Hughes, 2012 IL 112817 (Ill. 2013). “725 ILCS 207/30(b) (West 2006). If probable cause is found, the matter then proceeds to a trial, where the State must prove beyond a reasonable doubt that the person is a “sexually violent person.”
In Re Det. of Trevino, 740 N.E.2d 810 (Ill. App. Ct. 2000). · cites it 4× “See 725 ILCS 207/30 (West 1998). The trial court also ordered that the respondent be transferred to the DHS for an evaluation as to whether he was a sexually violent person.”
In Re Det. of Traynoff, 831 N.E.2d 709 (Ill. App. Ct. 2005). · cites it 3× “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)). Because the resolution of both…”
Show all 85 citing cases →
— 725 ILCS 207/30(a) — 10 cases
In Re Det. of Powell, 839 N.E.2d 1008 (Ill. 2005). “725 ILCS 207/30(a) (West 2000). The court also is required to conduct a hearing to determine if there is probable cause to believe that the person named in the petition is a sexually violent person.”
Lieberman v. Budz, 826 N.E.2d 1252 (Ill. App. Ct. 2005). “JUSTICE O’BRIEN delivered the opinion of the court: In 2000, the Cook County circuit court ordered the petitioner, Brad Lieberman, to be civilly detained (725 ILCS 207/30 (West 2002)) pending trial for commitment under the Sexually Violent Persons Commitment Act (Act) (725 ILCS…”
In re Commitment of Weekly, 2011 IL App (1st) 102276 (Ill. App. Ct. 2011).
In re Commitment of Sewell, 2023 IL App (1st) 220168 (Ill. App. Ct. 2023).
In Re Commitment of Weekly, 956 N.E.2d 634 (Ill. App. Ct. 2011).
— 725 ILCS 207/30(b) — 36 cases
In Re Det. of Erbe, 800 N.E.2d 137 (Ill. App. Ct. 2003). “In July 2000, defendant pro se filed a motion to dismiss the State's petition, alleging, inter alia, that (1) his probable-cause hearing was not held within 72 hours of the filing of the State's petition, as required by statute (725 ILCS 207/30(b) (West 2000)); and (2) he was…”
In Re Det. of Powell, 839 N.E.2d 1008 (Ill. 2005). “725 ILCS 207/30(a) (West 2000). The court also is required to conduct a hearing to determine if there is probable cause to believe that the person named in the petition is a sexually violent person.”
People v. Hughes, 2012 IL 112817 (Ill. 2013). “725 ILCS 207/30(b) (West 2006). If probable cause is found, the matter then proceeds to a trial, where the State must prove beyond a reasonable doubt that the person is a “sexually violent person.”
In Re Det. of Welsh, 913 N.E.2d 1109 (Ill. App. Ct. 2009). “725 ILCS 207/30 (West 2004). It is axiomatic that a cause of action should not be dismissed on a section 2 — 615 motion unless no set of facts can be proved that would entitle the petitioner to relief.”
In Re Det. of Hardin, 907 N.E.2d 914 (Ill. App. Ct. 2009). “” 725 ILCS 207/30(b) (West 2006); see 725 ILCS 207/15 (West 2006).”
— 725 ILCS 207/30(c) — 58 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 Powell, 839 N.E.2d 1008 (Ill. 2005). “725 ILCS 207/30(a) (West 2000). The court also is required to conduct a hearing to determine if there is probable cause to believe that the person named in the petition is a sexually violent person.”
In Re Det. of Hardin, 932 N.E.2d 1016 (Ill. 2010). “He adds that the same legislative intent is shown in sections 30(c) and 35(f), requiring the court to dismiss the State’s civil commitment petition: (1) if, at the probable cause hearing, “the court determines that probable cause does not exist to believe that the person is a…”
In Re Det. of Welsh, 913 N.E.2d 1109 (Ill. App. Ct. 2009). “725 ILCS 207/30 (West 2004). It is axiomatic that a cause of action should not be dismissed on a section 2 — 615 motion unless no set of facts can be proved that would entitle the petitioner to relief.”
In Re Det. of Hardin, 907 N.E.2d 914 (Ill. App. Ct. 2009). “” 725 ILCS 207/30(b) (West 2006); see 725 ILCS 207/15 (West 2006).”
— 725 ILCS 207/30(d) — 1 case
In re Commitment of Racanelli, 2025 IL App (2d) 240087-U (Ill. App. Ct. 2025).
— 725 ILCS 207/30(h) — 1 case
In Re Det. of Lieberman, 826 N.E.2d 479 (Ill. App. Ct. 2005).
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