ILCS » Chapter 725 · Act 207
Illinois Compiled Statutes

725 ILCS 207/60 (2026)

Petition for conditional release

✓ current as of May 2026
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(725 ILCS 207/60)
    Sec. 60. Petition for conditional release.
    (a) Any person who is committed for institutional care in a secure facility or other facility under Section 40 of this Act may petition the committing court to modify its order by authorizing conditional release if at least 12 months have elapsed since the initial commitment order was entered, an order continuing commitment was entered pursuant to Section 65, the most recent release petition was denied or the most recent order for conditional release was revoked. The director of the facility at which the person is placed may file a petition under this Section on the person's behalf at any time. If the evaluator on behalf of the Department recommends that the committed person is appropriate for conditional release, then the director or designee shall, within 30 days of receipt of the evaluator's report, file with the committing court notice of his or her intention whether or not to petition for conditional release on the committed person's behalf.
    (b) If the person files a timely petition without counsel, the court shall serve a copy of the petition on the Attorney General or State's Attorney, whichever is applicable and, subject to paragraph (c)(1) of Section 25 of this Act, appoint counsel. If the person petitions through counsel, his or her attorney shall serve the Attorney General or State's Attorney, whichever is applicable.
    (c) Within 20 days after receipt of the petition, upon the request of the committed person or on the court's own motion, the court may appoint an examiner having the specialized knowledge determined by the court to be appropriate, who shall examine the mental condition of the person and furnish a written report of the examination to the court within 30 days after appointment. The examiners shall have reasonable access to the person for purposes of examination and to the person's past and present treatment records and patient health care records. If any such examiner believes that the person is appropriate for conditional release, the examiner shall report on the type of treatment and services that the person may need while in the community on conditional release. The State has the right to have the person evaluated by experts chosen by the State. Any examination or evaluation conducted under this Section shall be in conformance with the standards developed under the Sex Offender Management Board Act and conducted by an evaluator licensed under the Sex Offender Evaluation and Treatment Provider Act. The court shall set a probable cause hearing as soon as practical after the examiners' reports are filed. The probable cause hearing shall consist of a review of the examining evaluators' reports and arguments on behalf of the parties. If the court finds probable cause to believe the person has made sufficient progress in treatment to the point where he or she is no longer substantially probable to engage in acts of sexual violence if on conditional release, the court shall set a hearing on the issue.
    (d) The court, without a jury, shall hear the petition as soon as practical after the reports of all examiners are filed with the court. The court shall grant the petition unless the State proves by clear and convincing evidence that the person has not made sufficient progress in treatment to the point where he or she is no longer substantially probable to engage in acts of sexual violence if on conditional release. In making a decision under this subsection, the court must consider the nature and circumstances of the behavior that was the basis of the allegation in the petition under paragraph (b)(1) of Section 15 of this Act, the person's mental history and present mental condition, and what arrangements are available to ensure that the person has access to and will participate in necessary treatment.
    (e) Before the court may enter an order directing conditional release to a less restrictive alternative it must find the following: (1) the person will be treated by a Department approved treatment provider, (2) the treatment provider has presented a specific course of treatment and has agreed to assume responsibility for the treatment and will report progress to the Department on a regular basis, and will report violations immediately to the Department, consistent with treatment and supervision needs of the respondent, (3) housing exists that is sufficiently secure to protect the community, and the person or agency providing housing to the conditionally released person has agreed in writing to accept the person, to provide the level of security required by the court, and immediately to report to the Department if the person leaves the housing to which he or she has been assigned without authorization, (4) the person is willing to or has agreed to comply with the treatment provider, the Department, and the court, and (5) the person has agreed or is willing to agree to comply with the behavioral monitoring requirements imposed by the court and the Department.
    (f) If the court finds that the person is appropriate for conditional release, the court shall notify the Department. The Department shall prepare a plan that identifies the treatment and services, if any, that the person will receive in the community. The plan shall address the person's need, if any, for supervision, counseling, medication, community support services, residential services, vocational services, and alcohol or other drug abuse treatment. The Department may contract with a county health department, with another public agency or with a private agency to provide the treatment and services identified in the plan. The plan shall specify who will be responsible for providing the treatment and services identified in the plan. The plan shall be presented to the court for its approval within 60 days after the court finding that the person is appropriate for conditional release, unless the Department and the person to be released request additional time to develop the plan.
    (g) The provisions of paragraphs (b)(4), (b)(5), and (b)(6) of Section 40 of this Act apply to an order for conditional release issued under this Section.
(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 63 cases (7 in the last 5 years), 2000–2024 · leading case: In re Det. of Stanbridge, 2012 IL 112337 (Ill. 2012).
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In re Det. of Stanbridge, 2012 IL 112337 (Ill. 2012). · cites it 8× “725 ILCS 207/60(a) (West 2008). Alternatively, if certain statutory requirements are met, the committed person may file a petition without the Department’s approval.”
In Re Commitment of Sandry, 857 N.E.2d 295 (Ill. App. Ct. 2006). · cites it 9× “PRESIDING JUSTICE GROMETER delivered the opinion of the court: Jacob Sandry (petitioner) filed a petition in the circuit court of Jo Daviess County seeking conditional release pursuant to section 60 of the Sexually Violent Persons Commitment Act (Act) (725 ILCS 207/60 (West…”
In Re Det. of Samuelson, 727 N.E.2d 228 (Ill. 2000). · cites it 8× “725 ILCS 207/60(a) (West 1998). If the defendant files the petition without counsel, the court must serve the Attorney General or State's Attorney and, if the defendant is indigent, appoint counsel to represent him.”
In re Det. of Lieberman, 2011 IL App (1st) 90796 (Ill. App. Ct. 2011). · cites it 12× “Respondent sought two alternative forms of relief: immediate discharge pursuant to section 65 of the Act (725 ILCS 207/65 (West 2008)); and conditional release pursuant to section 60 of the Act (725 ILCS 207/60 (West 2008)). ¶5 The trial court appointed Dr.”
People v. Ottinger, 775 N.E.2d 203 (Ill. App. Ct. 2002). · cites it 7× “On October 10, 2000, defendant filed a pro se petition for conditional release pursuant ,to section 60 of the Act (725 ILCS 207/60 (West 2000)). On October 12, 2000, the public defender was appointed to represent defendant on the petition for conditional release.”
In Re Det. of Cain, 931 N.E.2d 337 (Ill. App. Ct. 2010). · cites it 10× “725 ILCS 207/60(a), 65(b)(1) (West 2006).”
In re Commitment of Wilcoxen, 2016 IL App (3d) 140359 (Ill. App. Ct. 2016). · cites it 4× “See 725 ILCS 207/60, 65 (West 2008). In a discharge proceeding, a committed individual must present "sufficient evidence to warrant a hearing on whether the person is 'still a sexually violent person.”
In Re Det. of Swope, 821 N.E.2d 283 (Ill. 2004). · cites it 2× “In May 2001, Swope filed a petition for conditional release, pursuant to section 60 of the Act (see 725 ILCS 207/60 (West 2000)). Pursuant to the statute, the circuit court appointed Wakefield as an examiner, who would examine Swope and furnish a written report of the…”
People v. Steward, 940 N.E.2d 140 (Ill. App. Ct. 2010). · cites it 3× “725 ILCS 207/60(a) (West 2008). The court may appoint an examiner to examine the mental condition of the petitioner and furnish a written report to the court.”
In Re Det. of Lieberman, 929 N.E.2d 616 (Ill. App. Ct. 2010). · cites it 6× “native forms of relief: (1) immediate discharge pursuant to section 65 of the Act (725 ILCS 207/65 (West 2008)), on the ground that he does not suffer from a mental abnormality that causes him to be a threat to others and that it was not substantially probable that he would…”
People v. Smego (In Re Smego), 2017 IL App (2d) 160335 (Ill. App. Ct. 2017). · cites it 4× “He now appeals a judgment denying, without an evidentiary hearing, his petition for conditional release (see 725 ILCS 207/60 (West 2014) ). We affirm.”
In re Commitment of Weekly, 2011 IL App (1st) 102276 (Ill. App. Ct. 2011). · cites it 2× “725 ILCS 207/60(c), (d) (West 2004). Accordingly, we find respondents’ arguments concerning the inadequacy of the statutory procedures to be unpersuasive.”
Show all 63 citing cases →
— 725 ILCS 207/60(a) — 18 cases
In Re Det. of Samuelson, 727 N.E.2d 228 (Ill. 2000). “725 ILCS 207/60(a) (West 1998). If the defendant files the petition without counsel, the court must serve the Attorney General or State's Attorney and, if the defendant is indigent, appoint counsel to represent him.”
In re Det. of Stanbridge, 2012 IL 112337 (Ill. 2012). “725 ILCS 207/60(a) (West 2008). Alternatively, if certain statutory requirements are met, the committed person may file a petition without the Department’s approval.”
In Re Det. of Cain, 931 N.E.2d 337 (Ill. App. Ct. 2010). “725 ILCS 207/60(a), 65(b)(1) (West 2006).”
People v. Ottinger, 775 N.E.2d 203 (Ill. App. Ct. 2002). “On October 10, 2000, defendant filed a pro se petition for conditional release pursuant ,to section 60 of the Act (725 ILCS 207/60 (West 2000)). On October 12, 2000, the public defender was appointed to represent defendant on the petition for conditional release.”
People v. Grant, 2016 IL 119162 (Ill. 2016).
— 725 ILCS 207/60(b) — 4 cases
In Re Det. of Samuelson, 727 N.E.2d 228 (Ill. 2000). “725 ILCS 207/60(a) (West 1998). If the defendant files the petition without counsel, the court must serve the Attorney General or State's Attorney and, if the defendant is indigent, appoint counsel to represent him.”
People v. Ottinger, 775 N.E.2d 203 (Ill. App. Ct. 2002). “On October 10, 2000, defendant filed a pro se petition for conditional release pursuant ,to section 60 of the Act (725 ILCS 207/60 (West 2000)). On October 12, 2000, the public defender was appointed to represent defendant on the petition for conditional release.”
People v. Ottinger (Ill. App. Ct. 2002).
In re Det. of Samuelson (Ill. 2000).
— 725 ILCS 207/60(c) — 26 cases
In re Det. of Stanbridge, 2012 IL 112337 (Ill. 2012). “725 ILCS 207/60(a) (West 2008). Alternatively, if certain statutory requirements are met, the committed person may file a petition without the Department’s approval.”
In re Det. of Lieberman, 2011 IL App (1st) 90796 (Ill. App. Ct. 2011). “Respondent sought two alternative forms of relief: immediate discharge pursuant to section 65 of the Act (725 ILCS 207/65 (West 2008)); and conditional release pursuant to section 60 of the Act (725 ILCS 207/60 (West 2008)). ¶5 The trial court appointed Dr.”
People v. Ottinger, 775 N.E.2d 203 (Ill. App. Ct. 2002). “On October 10, 2000, defendant filed a pro se petition for conditional release pursuant ,to section 60 of the Act (725 ILCS 207/60 (West 2000)). On October 12, 2000, the public defender was appointed to represent defendant on the petition for conditional release.”
In Re Det. of Cain, 931 N.E.2d 337 (Ill. App. Ct. 2010). “725 ILCS 207/60(a), 65(b)(1) (West 2006).”
In re Commitment of Wilcoxen, 2016 IL App (3d) 140359 (Ill. App. Ct. 2016). “See 725 ILCS 207/60, 65 (West 2008). In a discharge proceeding, a committed individual must present "sufficient evidence to warrant a hearing on whether the person is 'still a sexually violent person.”
— 725 ILCS 207/60(d) — 27 cases
In Re Commitment of Sandry, 857 N.E.2d 295 (Ill. App. Ct. 2006). “PRESIDING JUSTICE GROMETER delivered the opinion of the court: Jacob Sandry (petitioner) filed a petition in the circuit court of Jo Daviess County seeking conditional release pursuant to section 60 of the Sexually Violent Persons Commitment Act (Act) (725 ILCS 207/60 (West…”
In Re Det. of Samuelson, 727 N.E.2d 228 (Ill. 2000). “725 ILCS 207/60(a) (West 1998). If the defendant files the petition without counsel, the court must serve the Attorney General or State's Attorney and, if the defendant is indigent, appoint counsel to represent him.”
In re Det. of Stanbridge, 2012 IL 112337 (Ill. 2012). “725 ILCS 207/60(a) (West 2008). Alternatively, if certain statutory requirements are met, the committed person may file a petition without the Department’s approval.”
In re Det. of Lieberman, 2011 IL App (1st) 90796 (Ill. App. Ct. 2011). “Respondent sought two alternative forms of relief: immediate discharge pursuant to section 65 of the Act (725 ILCS 207/65 (West 2008)); and conditional release pursuant to section 60 of the Act (725 ILCS 207/60 (West 2008)). ¶5 The trial court appointed Dr.”
In Re Det. of Cain, 931 N.E.2d 337 (Ill. App. Ct. 2010). “725 ILCS 207/60(a), 65(b)(1) (West 2006).”
— 725 ILCS 207/60(e) — 1 case
In re Commitment of Wilcoxen, 2016 IL App (3d) 140359 (Ill. App. Ct. 2016). “See 725 ILCS 207/60, 65 (West 2008). In a discharge proceeding, a committed individual must present "sufficient evidence to warrant a hearing on whether the person is 'still a sexually violent person.”
— 725 ILCS 207/60(f) — 1 case
People v. Rexroat, 821 N.E.2d 362 (Ill. App. Ct. 2004).
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