Illinois Compiled Statutes 405 Mental Health and Developmental Disabilities: Article III - Admission, Transfer And Discharge Procedures For The Mentally Ill

Article I. Jurisdiction; Duties of State's Attorney

• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-100
  The circuit court has jurisdiction under this Chapter over persons not charged with a felony who are subject to involuntary admission. Inmates of penal...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-101
  (a) The State's Attorneys of the several counties shall represent the people of the State of Illinois in court proceedings under this Chapter and in...

Article II. General Provisions

• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-200
  (a) A person may be admitted as an inpatient to a mental health facility for treatment of mental illness only as provided in this Chapter,...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-201
  The Department shall prescribe all forms necessary for proceedings under this Chapter, and all forms used in such proceedings shall comply substantially with the forms...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-202
  (a) Every mental health facility shall maintain adequate records which shall include the Section of this Chapter under which the recipient was admitted, any...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-203
  Every petition, certificate and proof of service required by this Chapter shall be executed under penalty of perjury as though under oath or affirmation,...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-204
  Whenever a statement or explanation is required to be given to a recipient under this Chapter and the recipient does not read or understand...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-205
  Within 12 hours after the admission of a person to a mental health facility under Article VI or Article VII of this Chapter the...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-205.5
  Examination and social investigation. When any person is first presented for admission to a mental health facility under Chapter III of this Code, within...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-206
  Whenever a person is admitted or objects to admission, and whenever a recipient is notified that his legal status is to be changed, the...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-207
  (a) Hearings under Sections 3-405, 3-904 and 3-911 of this Chapter shall be conducted by a utilization review committee. The Secretary shall appoint a...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-208
  Whenever a petition has been executed pursuant to Section 3-507, 3-601 or 3-701, and prior to this examination for the purpose of certification of...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-209
  Within three days of admission under this Chapter, a treatment plan shall be prepared for each recipient of service and entered into his or her...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-210
  Employee as perpetrator of abuse. When an investigation of a report of suspected abuse of a recipient of services indicates, based upon credible evidence,...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-211
  Resident as perpetrator of abuse. When an investigation of a report of suspected abuse of a recipient of services indicates, based upon credible evidence,...

Article III. Informal Admission

• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-300
  Admission. (a) Any person desiring admission to a mental health facility for treatment of a mental illness may be admitted upon his request without...

Article IV. Voluntary Admission of Adults

• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-400
  Voluntary admission to mental health facility. (a) Any person 16 or older, including a person adjudicated a disabled person, may be admitted to a mental...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-401
  (a) The application for admission as a voluntary recipient may be executed by: 1. The person seeking admission, if 18 or older; or 2....
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-401.1
  Transportation to mental health facility. Upon receipt of an application for admission prepared pursuant to this Article, any licensed ambulance service may transport a recipient...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-402
  No physician, qualified examiner, or clinical psychologist shall state to any person that involuntary admission may result if such person does not voluntarily admit...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-403
  A voluntary recipient shall be allowed to be discharged from the facility at the earliest appropriate time, not to exceed 5 days, excluding Saturdays,...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-404
  Thirty days after the voluntary admission of a recipient, the facility director shall review the recipient's record and assess the need for continuing hospitalization....
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-405
  (a) If the facility director of a Department mental health facility declines to admit a person seeking admission under Articles III or IV of...

Article V. Admission of Minors

• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-500
  A minor may be admitted to a mental health facility for treatment of a mental illness or emotional disturbance only as provided in this...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-501
  (a) Any minor 12 years of age or older may request and receive counseling services or psychotherapy on an outpatient basis. The consent of...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-502
  Any minor 16 years of age or older may be admitted to a mental health facility as a voluntary recipient under Article IV of...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-503
  Admission on application of parent or guardian. (a) Any minor may be admitted to a mental health facility for inpatient treatment upon application to the...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-504
  Minors; emergency admissions. (a) A minor who is eligible for admission under Section 3-503 and who is in a condition that immediate hospitalization is necessary...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-505
  The application for admission under Section 3-503 or 3-504 shall contain in large, bold-face type a statement in simple nontechnical terms of the minor's...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-506
  Thirty days after the admission of a minor under Section 3-503 or 3-504, the facility director shall review the minor's record and assess the...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-507
  (a) Objection may be made to the admission of a minor under Section 3-503 or 3-504. When an objection is made, the minor shall...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-508
  Whenever a parent, guardian, or person in loco parentis requests the discharge of a minor admitted under Section 3-503 or 3-504, the minor shall...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-509
  Upon receipt of a petition filed pursuant to Section 3-507 or 3-508, the court shall appoint counsel for the minor and shall set a...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-510
  (a) The court shall disapprove the admission and order the minor discharged if it determines that the minor does not have a mental illness...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-511
  Unwillingness or inability of the minor's parent, guardian, or person in loco parentis to provide for his care or residence shall not be grounds...

Article VI. Emergency Admission by Certification

• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-600
  A person 18 years of age or older who is subject to involuntary admission on an inpatient basis and in need of immediate hospitalization may...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-601
  Involuntary admission; petition. (a) When a person is asserted to be subject to involuntary admission on an inpatient basis and in such a condition that...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-601.1
  (Repealed). (Source: P.A. 88-484. Repealed by P.A. 91-726, eff. 6-2-00.)
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-601.2
  Consent to admission by healthcare surrogate. A surrogate decision maker under the Health Care Surrogate Act may not consent to the admission to a...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-602
  The petition shall be accompanied by a certificate executed by a physician, qualified examiner, psychiatrist, or clinical psychologist which states that the respondent is subject...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-603
  (a) If no physician, qualified examiner, psychiatrist, or clinical psychologist is immediately available or it is not possible after a diligent effort to obtain the...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-604
  No person detained for examination under this Article on the basis of a petition alone may be held for more than 24 hours unless...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-605
  (a) In counties with a population of 3,000,000 or more, upon receipt of a petition and certificate prepared pursuant to this Article, the county sheriff...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-606
  A peace officer may take a person into custody and transport him to a mental health facility when the peace officer has reasonable grounds to...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-607
  Court ordered temporary detention and examination. When, as a result of personal observation and testimony in open court, any court has reasonable grounds to believe...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-608
  Upon completion of one certificate, the facility may begin treatment of the respondent. However, the respondent shall be informed of his right to refuse...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-609
  Within 12 hours after his admission, the respondent shall be given a copy of the petition and a statement as provided in Section 3-206....
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-610
  As soon as possible but not later than 24 hours, excluding Saturdays, Sundays and holidays, after admission of a respondent pursuant to this Article, the...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-611
  Within 24 hours, excluding Saturdays, Sundays and holidays, after the respondent's admission under this Article, the facility director of the facility shall file 2 copies...

Article VII. Admission on an Inpatient Basis by Court Order (Source: P. A. 96-1399, Eff. 7-29-10; 96-1453, Eff. 8-20-10.)

• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-700
  A person 18 years of age or older who is subject to involuntary admission on an inpatient basis may be admitted to an inpatient mental...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-701
  (a) Any person 18 years of age or older may execute a petition asserting that another person is subject to involuntary admission on an inpatient...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-702
  (a) The petition may be accompanied by the certificate of a physician, qualified examiner, psychiatrist, or clinical psychologist which certifies that the respondent is subject...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-703
  If no certificate was filed, the respondent shall be examined separately by a physician, or clinical psychologist, or qualified examiner and by a psychiatrist. If...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-704
  Examination; detention. (a) The respondent shall be permitted to remain in his or her place of residence pending any examination. The respondent may be accompanied...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-704.1
  (Repealed). (Source: P.A. 91-837, eff. 6-16-00. Repealed by P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-705
  At least 36 hours before the time of the examination fixed by the court, a copy of the petition, the order for examination, and...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-706
  The court shall set a hearing to be held within 5 days, excluding Saturdays, Sundays and holidays, after its receipt of the second certificate...

Article Vii-a. Admission on an Outpatient Basis by Court Order (Source: P. A. 96-1399, Eff. 7-29-10; 96-1453, Eff. 8-20-10.)

• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-750
  Involuntary admission on an outpatient basis. A person 18 years of age or older who is subject to involuntary admission on an outpatient basis may...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-751
  Involuntary admission; petition. (a) Any person 18 years of age or older may execute a petition asserting that another person is subject to involuntary admission...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-752
  Certificate. (a) The petition may be accompanied by the certificate of a physician, qualified examiner, psychiatrist, or clinical psychologist which certifies that the respondent is...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-753
  Examination. If no certificate was filed, the respondent shall be examined separately by a physician, or clinical psychologist or qualified examiner and by a psychiatrist....
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-754
  Detention. (a) The respondent shall be permitted to remain in his or her place of residence pending any examination. The respondent may be accompanied by...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-755
  Notice. At least 36 hours before the time of the examination fixed by the court, a copy of the petition, the order for examination, and...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-756
  Court hearing. The court shall set a hearing to be held within 15 days, excluding Saturdays, Sundays, and holidays, after its receipt of the second...

Article VIII. Court Hearings

• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-800
  (a) Unless otherwise indicated, court hearings under this Chapter shall be held pursuant to this Article. Hearings shall be held in such quarters as the...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-801
  A respondent may request admission as an informal or voluntary recipient at any time prior to an adjudication that he is subject to involuntary admission...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-801.5
  Agreed order for admission on an outpatient basis. (a) At any time before the conclusion of the hearing and the entry of the court's findings,...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-802
  The respondent is entitled to a jury on the question of whether he is subject to involuntary admission on an inpatient or outpatient basis. The...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-803
  The court may appoint one or more physicians, qualified examiners, clinical psychologists or other experts to examine the respondent and make a detailed written...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-804
  The respondent is entitled to secure an independent examination by a physician, qualified examiner, clinical psychologist or other expert of his or her choice. If...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-805
  Every respondent alleged to be subject to involuntary admission on an inpatient or outpatient basis shall be represented by counsel. If the respondent is indigent...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-806
  Presence at hearing; location. (a) The respondent shall be present at any hearing held under this Act unless his attorney waives his right to...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-806.1
  Video conferencing. (a) Notwithstanding the provisions in Section 3-806, the Illinois Supreme Court or any circuit court of this State may adopt rules permitting the...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-807
  No respondent may be found subject to involuntary admission on an inpatient or outpatient basis unless at least one psychiatrist, clinical social worker, clinical psychologist,...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-808
  No respondent may be found subject to involuntary admission on an inpatient or outpatient basis unless that finding has been established by clear and convincing...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-809
  If the respondent is not found subject to involuntary admission on an inpatient or outpatient basis, the court shall dismiss the petition and order the...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-810
  Before disposition is determined, the facility director or such other person as the court may direct shall prepare a written report including information on the...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-811
  Involuntary admission; alternative mental health facilities. (a) If any person is found subject to involuntary admission on an inpatient basis, the court shall consider alternative...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-812
  Court ordered admission on an outpatient basis; modification; revocation. (a) If a respondent is found subject to involuntary admission on an outpatient basis, the court...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-813
  (a) An initial order for commitment on an inpatient basis shall be for a period not to exceed 90 days. Prior to the expiration of...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-814
  Treatment plan. (a) Not more than 30 days after admission under this Article, the facility director shall file with the court a current treatment...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-815
  (Repealed). (Source: P.A. 86-1402. Repealed by P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-816
  Final orders; copies; appeal. (a) Every final order entered by the court under this Act shall be in writing and shall be accompanied by...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-817
  A verbatim record shall be made of all judicial hearings held pursuant to this Chapter. (Source: P.A. 80-1414.)
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-818
  Fees; costs. (a) Fees for jury service, witnesses, and service and execution of process are the same as for similar services in civil proceedings. (b)...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-819
  (a) In counties with a population of 3,000,000 or more, when a recipient is hospitalized upon court order, the order may authorize a relative or...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-820
  Domestic violence; order of protection. An order of protection, as defined in the Illinois Domestic Violence Act of 1986, may be issued in conjunction...

Article IX. Discharge Restoration Transfer

• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-900
  (a) Any person committed on an inpatient or outpatient basis on court order under this Chapter or under any prior statute or any person on...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-901
  (a) Upon the filing of a petition under Section 3-900 or Section 3-906, the court shall set the matter for hearing to be held within...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-902
  Director initiated discharge. (a) The facility director may at any time discharge an informal, voluntary, or minor recipient who is clinically suitable for discharge. (b)...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-903
  (a) The facility director shall give written notice of discharge from a Department mental health facility to the recipient, his attorney, and guardian, if...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-904
  Any person with mental illness admitted to a facility or placed in the care and custody of another person under any prior statute of...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-905
  Nothing in this Chapter shall deprive any person of the benefits of relief by habeas corpus. If the court issuing the order of habeas...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-906
  (a) Any person who has been adjudicated to be a person under legal disability in any proceedings under any prior mental health statute of...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-907
  Any person who is under legal disability solely by reason of a court order adjudicating him mentally ill entered prior to January 1, 1964,...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-908
  The facility director of any Department facility may transfer a recipient to another Department facility if he determines the transfer to be clinically advisable...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-909
  Alternative treatment. Any recipient hospitalized or admitted to alternative treatment or care and custody under Article VIII of this Chapter may at any time petition...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-910
  (a) Whenever a recipient who has been in a Department facility for more than 7 days is to be transferred to another facility under...

Article X. Veterans Administration Facilities

• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-1000
  (a) A person may be admitted pursuant to any of the provisions of this Chapter to a mental health facility of the United States...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-1001
  The courts of this State retain jurisdiction over persons admitted under this Article for purposes of enforcing the provisions of this Act. (Source: P.A.
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-1002
  Whenever any person who is a veteran and who has been previously adjudicated as having a mental illness or under legal disability is subsequently...
• Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 3-1003
  The Veterans Administration or other agency of the United States Government may transfer any recipient admitted to it under this Article, to any other...

Last modified: February 18, 2015