ILCS » Chapter 725 · Act 207
Illinois Compiled Statutes

725 ILCS 207/9 (2026)

Sexually violent person review; written notification to State's Attorney

✓ current as of May 2026
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(725 ILCS 207/9)
    Sec. 9. Sexually violent person review; written notification to State's Attorney. The Illinois Department of Corrections or the Department of Juvenile Justice, not later than 6 months prior to the anticipated release from imprisonment or the anticipated entry into mandatory supervised release of a person who has been convicted or adjudicated delinquent of a sexually violent offense, shall send written notice to the State's Attorney in the county in which the person was convicted or adjudicated delinquent of the sexually violent offense informing the State's Attorney of the person's anticipated release date and that the person will be considered for commitment under this Act prior to that release date.
(Source: P.A. 94-992, eff. 1-1-07.)

    
Notes of Decisions
Cited in 4 cases, 2009–2015 · leading case: In Re Det. of Welsh, 913 N.E.2d 1109 (Ill. App. Ct. 2009).
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In Re Det. of Welsh, 913 N.E.2d 1109 (Ill. App. Ct. 2009). · cites it 3× “” 725 ILCS 207/9 (West 2004). In addition, the “agency with jurisdiction,” defined as “the agency with the authority or duty to release or discharge the person,” shall, if it has control or custody “over a person who may meet the criteria for commitment as a sexually violent…”
People v. Hughes, 2012 IL 112817 (Ill. 2013). “See 725 ILCS 207/9 (West 2008) (a person convicted of a sexually violent offense “will be considered for commitment under this Act prior to [their] release date” (emphasis added)).”
People v. Dodds, 2014 IL App (1st) 122268 (Ill. App. Ct. 2014). “¶ 32 Subsequent to Presley, our supreme court decided Hughes, 2012 IL 112817 , affirmatively adopting the rationale in Padilla and applying it to a counsel’s duty to advise a defendant of the possibility of involuntary commitment pursuant to the Illinois Sexually Violent Persons…”
People v. Kastman, 2015 IL App (2d) 141245 (Ill. App. Ct. 2015). “¶ 15 Following our conclusion concerning judicial review, we noted that the State conceded at oral argument that it was implicit in the recovery-hearing process in section 9 of the SDP Act (725 ILCS 207/9 (West 2012)) that a sexually dangerous person had the right to petition…”
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