65 ILCS 5/5-5-3

Jurisdiction is vested in the circuit court to determine without a jury the sufficiency of the petition.

The clerk of the court, with whom the petition is filed, immediately after it is filed with him, shall present it to the court. The court shall then schedule a hearing on the sufficiency of the petition as provided in Section 5-5-1.

The specified court shall ascertain and declare by the entry of an order, the sufficiency or insufficiency of the petition.