ILCS » Chapter 405 · Act 5
Illinois Compiled Statutes

405 ILCS 5/3-101 (2026)

(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 proceedings under Section 2-107

✓ current as of May 2026
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(405 ILCS 5/3-101) (from Ch. 91 1/2, par. 3-101)
    Sec. 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 proceedings under Section 2-107.1 in their respective counties, shall attend such proceedings either in person or by assistant, and shall ensure that petitions, reports and orders are properly prepared. Nothing herein contained shall prevent any party, including any petitioner, from being represented by his own counsel.
    (b) Any community mental health provider or inpatient mental health facility, including hospitals operated by the Department, may be represented by counsel in court proceedings under this Chapter if they are providing services or funding for services to the respondent, or if an order by the court directing said entity to provide services or funding for services to the respondent is being sought by any party.
(Source: P.A. 97-375, eff. 8-15-11.)


 
    (405 ILCS 5/Ch. III Art. II heading)
ARTICLE II. GENERAL PROVISIONS

    
Notes of Decisions
Cited in 11 cases (7 in the last 5 years), 2011–2026 · leading case: In re Marcus S., 2022 IL App (3d) 170014 (Ill. App. Ct. 2022).
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In re Marcus S., 2022 IL App (3d) 170014 (Ill. App. Ct. 2022). “” 405 ILCS 5/3-101 (West 2016). The state’s attorney utterly failed to fulfill this obligation in this case.”
In re Marcus S., 2022 IL App (3d) 160710 (Ill. App. Ct. 2022). “” 405 ILCS 5/3-101 (West 2016). The state’s attorney utterly failed to fulfill this obligation in this case.”
In re Carolyn J.S., 2024 IL App (3d) 220249-U (Ill. App. Ct. 2024). · cites it 2× “According to respondent, the State disregarded its statutory duty to ensure all petitions and orders were properly prepared (405 ILCS 5/3-101(a) (West 2022)) and respondent’s trial counsel was ineffective in failing to hold the State to its duty.”
In re Lance H., 2014 IL 114899 (Ill. 2015). “” 405 ILCS 5/3-101 (West 2010). Respondent thus contends the State had a duty to see that his request was properly addressed.”
In re Lance H., 2014 IL 114899 (Ill. 2014). “” 405 ILCS 5/3-101 (West 2010). Respondent thus contends the State had a duty to see that his request was properly addressed.”
In re Carolyn J.S., 2024 IL App (3d) 220249 (Ill. App. Ct. 2024). “In this case, the State violated its statutory duty to properly prepare petitions (405 ILCS 5/3-101(a) (West 2022)) and respondent’s trial counsel was ineffective in failing to seek the petition’s dismissal (Marcus S.”
In re Angela C., 2022 IL App (3d) 170154-U (Ill. App. Ct. 2022). “Ineffective assistance of counsel ¶ 28 As the State concedes, Angela received ineffective assistance of counsel because her attorney failed to object to the fatal deficiencies in the State’s petitions or move to dismiss the petitions for failure to state a claim.”
In re Christian K., 2026 IL App (4th) 250560-U (Ill. App. Ct. 2026). “” 405 ILCS 5/3-101(a) (West 2024). Respondent highlights the State’s duty to “ensure that petitions, reports and orders are properly prepared.”
In re John F., 2022 IL App (1st) 220851 (Ill. App. Ct. 2022). “Hamm and Northwestern filed a motion to reconsider that order, arguing they were denied their right to respond to the motion to strike and that they were entitled to be parties to this case pursuant to the Mental Health Code (see 405 ILCS 5/3-101(b) (West 2020)). We denied the…”
In re Lance H., 2014 IL 114899 (Ill. 2014). “” 405 ILCS 5/3-101 (West 2010). Respondent thus contends the State had a duty to see that his request was properly addressed.”
In re Karen E. (Ill. App. Ct. 2011). “See 405 ILCS 5/3-101 (West 2008) (the State’s Attorney “shall attend such proceedings *** and shall ensure that petitions, reports and orders are properly prepared”).”
— 405 ILCS 5/3-101(a) — 4 cases
In re Carolyn J.S., 2024 IL App (3d) 220249-U (Ill. App. Ct. 2024). “According to respondent, the State disregarded its statutory duty to ensure all petitions and orders were properly prepared (405 ILCS 5/3-101(a) (West 2022)) and respondent’s trial counsel was ineffective in failing to hold the State to its duty.”
In re Carolyn J.S., 2024 IL App (3d) 220249 (Ill. App. Ct. 2024). “In this case, the State violated its statutory duty to properly prepare petitions (405 ILCS 5/3-101(a) (West 2022)) and respondent’s trial counsel was ineffective in failing to seek the petition’s dismissal (Marcus S.”
In re Angela C., 2022 IL App (3d) 170154-U (Ill. App. Ct. 2022). “Ineffective assistance of counsel ¶ 28 As the State concedes, Angela received ineffective assistance of counsel because her attorney failed to object to the fatal deficiencies in the State’s petitions or move to dismiss the petitions for failure to state a claim.”
In re Christian K., 2026 IL App (4th) 250560-U (Ill. App. Ct. 2026). “” 405 ILCS 5/3-101(a) (West 2024). Respondent highlights the State’s duty to “ensure that petitions, reports and orders are properly prepared.”
— 405 ILCS 5/3-101(b) — 1 case
In re John F., 2022 IL App (1st) 220851 (Ill. App. Ct. 2022). “Hamm and Northwestern filed a motion to reconsider that order, arguing they were denied their right to respond to the motion to strike and that they were entitled to be parties to this case pursuant to the Mental Health Code (see 405 ILCS 5/3-101(b) (West 2020)). We denied the…”
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