ILCS » Chapter 725 · Act 207
Illinois Compiled Statutes

725 ILCS 207/55 (2026)

Periodic reexamination; report

✓ current as of May 2026
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(725 ILCS 207/55)
    Sec. 55. Periodic reexamination; report.
    (a) If a person has been committed under Section 40 of this Act and has not been discharged under Section 65 of this Act, the Department shall submit a written report to the court on his or her mental condition at least once every 12 months after an initial commitment under Section 40 for the purpose of determining whether: (1) the person has made sufficient progress in treatment to be conditionally released and (2) the person's condition has so changed since the most recent periodic reexamination (or initial commitment, if there has not yet been a periodic reexamination) that he or she is no longer a sexually violent person. At the time of a reexamination under this Section, the person who has been committed may retain or, if he or she is indigent and so requests, the court may appoint a qualified expert or a professional person to examine him or her.
    (b) Any examiner conducting an examination under this Section shall prepare a written report of the examination no later than 30 days after the date of the examination. The examiner shall place a copy of the report in the person's health care records and shall provide a copy of the report to the court that committed the person under Section 40. The examination 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.
    (c) Notwithstanding subsection (a) of this Section, the court that committed a person under Section 40 may order a reexamination of the person at any time during the period in which the person is subject to the commitment order. Any examiner conducting an examination under this Section shall prepare a written report of the examination no later than 30 days after the date of the examination.
    (d) Petitions for discharge after reexamination must follow the procedure outlined in Section 65 of this Act.
(Source: P.A. 97-1075, eff. 8-24-12; 97-1098, eff. 7-1-14 (see Section 5 of P.A. 98-612 for the effective date of P.A. 97-1098); 98-463, eff. 8-16-13.)

    
Notes of Decisions
Cited in 111 cases (23 in the last 5 years), 1999–2026 · leading case: People v. Botruff, 817 N.E.2d 463 (Ill. 2004).
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People v. Botruff, 817 N.E.2d 463 (Ill. 2004). · cites it 4× “725 ILCS 207/55, 65 (West 2000). The right to petition for discharge is fettered only in cases where a respondent has previously filed a frivolous petition.”
People v. Botruff, 771 N.E.2d 570 (Ill. App. Ct. 2002). · cites it 13× “(Emphasis added) 725 ILCS 207/55 (West 2000). Section 55(a) grants the court discretion to appoint an independent evaluator at the time of the reexamination of a "person who has been committed.”
In re Det. of Stanbridge, 2012 IL 112337 (Ill. 2012). · cites it 3× “¶7 Within six months after his initial commitment, the Department of Human Services (Department) submitted its required evaluation report to the court on Stanbridge’s mental condition to determine whether he had made sufficient progress to be conditionally released or discharged…”
In Re Det. of Swope, 821 N.E.2d 283 (Ill. 2004). · cites it 2× “” 725 ILCS 207/55 (West 2000). The circuit court granted the motion and authorized Swope to employ the Institute to examine him, prepare a report, and testify in court.”
People v. Ottinger, 775 N.E.2d 203 (Ill. App. Ct. 2002). · cites it 4× “Heaton and a motion pursuant to section 55 of the Act (725 ILCS 207/55 (West 2000)) for a finding of no probable cause based upon review of the reevaluation report.”
In re Commitment of Kirst, 2015 IL App (2d) 140532 (Ill. App. Ct. 2015). · cites it 3× “725 ILCS 207/55 (West 2012). The purpose of these periodic reexaminations is to determine whether: (1) the person has made sufficient progress in treatment to be conditionally released; and (2) the person’s condition has so changed since the most recent periodic examination (or…”
In Re Det. of Hayes, 747 N.E.2d 444 (Ill. App. Ct. 2001). · cites it 2× “725 ILCS 207/55(a) (West 1998). However, nothing in the Act suggests that the trial court may appoint an expert on a continuing basis to oversee implementation of a treatment plan.”
In Re Det. of Samuelson, 727 N.E.2d 228 (Ill. 2000). · cites it 2× “725 ILCS 207/55 (West 1998). A defendant who has been committed to institutional care may petition the court to authorize conditional release once certain time requirements are met.”
In Re Det. of Varner, 734 N.E.2d 226 (Ill. App. Ct. 2000). · cites it 3× “725 ILCS 207/55(a) (West 1998) (mental examination to be conducted within 6 months of initial commitment and again at least once every 12 months for the purpose of determining whether the person has made sufficient progress to be conditionally released or discharged).”
In Re Det. of Cain, 792 N.E.2d 800 (Ill. App. Ct. 2003). · cites it 2× “In accordance with section 55 of the Act (725 ILCS 207/55 (West 2000)), Cain underwent a 30-month evaluation.”
In re Det. of Hayes, 2015 IL App (1st) 142424 (Ill. App. Ct. 2015). · cites it 3× “1-14-2424 ¶2 In May 2013, as required by statute (725 ILCS 207/55 (West 2012)), a forensic psychologist reevaluated Hayes and submitted a report, which he updated in July 2013.”
Michael Hughes v. James Dimas, 837 F.3d 807 (7th Cir. 2016). · cites it 2× “The district judge dismissed Hughes’ complaint primarily on the grounds that, the Constitution doesn’t require Rushville to comply with state statutes and that anyway a state statute is not enforceable in federal court.”
Show all 111 citing cases →
— 725 ILCS 207/55(A)(1) — 1 case
In re Commitment of Walker, 2020 IL App (2d) 181035-U (Ill. App. Ct. 2020).
— 725 ILCS 207/55(a) — 67 cases
People v. Botruff, 817 N.E.2d 463 (Ill. 2004). “725 ILCS 207/55, 65 (West 2000). The right to petition for discharge is fettered only in cases where a respondent has previously filed a frivolous petition.”
People v. Botruff, 771 N.E.2d 570 (Ill. App. Ct. 2002). “(Emphasis added) 725 ILCS 207/55 (West 2000). Section 55(a) grants the court discretion to appoint an independent evaluator at the time of the reexamination of a "person who has been committed.”
In Re Det. of Swope, 821 N.E.2d 283 (Ill. 2004). “” 725 ILCS 207/55 (West 2000). The circuit court granted the motion and authorized Swope to employ the Institute to examine him, prepare a report, and testify in court.”
In re Commitment of Kirst, 2015 IL App (2d) 140532 (Ill. App. Ct. 2015). “725 ILCS 207/55 (West 2012). The purpose of these periodic reexaminations is to determine whether: (1) the person has made sufficient progress in treatment to be conditionally released; and (2) the person’s condition has so changed since the most recent periodic examination (or…”
Michael Hughes v. James Dimas, 837 F.3d 807 (7th Cir. 2016). “The district judge dismissed Hughes’ complaint primarily on the grounds that, the Constitution doesn’t require Rushville to comply with state statutes and that anyway a state statute is not enforceable in federal court.”
— 725 ILCS 207/55(a)(1) — 3 cases
People v. Tittelbach (In Re Commitment of Tittelbach), 2018 IL App (2d) 170304 (Ill. App. Ct. 2018).
In re Commitment of Tittelbach, 2018 IL App (2d) 170304 (Ill. App. Ct. 2019).
Commitment of Hydron, 2024 IL App (5th) 230204-U (Ill. App. Ct. 2024).
— 725 ILCS 207/55(b) — 10 cases
People v. Ottinger, 775 N.E.2d 203 (Ill. App. Ct. 2002). “Heaton and a motion pursuant to section 55 of the Act (725 ILCS 207/55 (West 2000)) for a finding of no probable cause based upon review of the reevaluation report.”
People v. Smego (In Re Smego), 2017 IL App (2d) 160335 (Ill. App. Ct. 2017).
In re Commitment of Smego, 2017 IL App (2d) 160335 (Ill. App. Ct. 2018).
In re The Commitment of Pieroni, 2024 IL App (1st) 230028-U (Ill. App. Ct. 2024).
In re Det. of King, 2016 IL App (1st) 150041 (Ill. App. Ct. 2016).
— 725 ILCS 207/55(c) — 6 cases
In Re Det. of Hayes, 747 N.E.2d 444 (Ill. App. Ct. 2001). “725 ILCS 207/55(a) (West 1998). However, nothing in the Act suggests that the trial court may appoint an expert on a continuing basis to oversee implementation of a treatment plan.”
In Re Det. of Varner, 734 N.E.2d 226 (Ill. App. Ct. 2000). “725 ILCS 207/55(a) (West 1998) (mental examination to be conducted within 6 months of initial commitment and again at least once every 12 months for the purpose of determining whether the person has made sufficient progress to be conditionally released or discharged).”
People v. Kelley (In Re Kelley), 2019 IL App (1st) 162184 (Ill. App. Ct. 2019).
In re Det. of Kelley, 2019 IL App (1st) 162184 (Ill. App. Ct. 2019).
In re Det. of Hayes (Ill. App. Ct. 2001).
— 725 ILCS 207/55(d) — 2 cases
People v. Ottinger, 775 N.E.2d 203 (Ill. App. Ct. 2002). “Heaton and a motion pursuant to section 55 of the Act (725 ILCS 207/55 (West 2000)) for a finding of no probable cause based upon review of the reevaluation report.”
People v. Ottinger (Ill. App. Ct. 2002).
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