ILCS » Chapter 405 · Act 5
Illinois Compiled Statutes

405 ILCS 5/3-208 (2026)

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 a person 12 or over, the person conducting this examination shall inform the person being examined in a simple comprehensible manner of the purpose of the examination; that he does not have to talk to the examiner; and that any statements he makes may be disclosed at a court hearing on the issue of whether he is subject to involuntary admission

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(405 ILCS 5/3-208) (from Ch. 91 1/2, par. 3-208)
    Sec. 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 a person 12 or over, the person conducting this examination shall inform the person being examined in a simple comprehensible manner of the purpose of the examination; that he does not have to talk to the examiner; and that any statements he makes may be disclosed at a court hearing on the issue of whether he is subject to involuntary admission. If the person being examined has not been so informed, the examiner shall not be permitted to testify at any subsequent court hearing concerning the respondent's admission.
(Source: P.A. 91-726, eff. 6-2-00.)

    
Notes of Decisions
Cited in 4 cases, 2006–2013 · leading case: People v. Hannah E., 877 N.E.2d 63 (Ill. App. Ct. 1st Dist. 2007).
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People v. Hannah E., 877 N.E.2d 63 (Ill. App. Ct. 1st Dist. 2007). “See also 405 ILCS 5/3-208 (West 2004) (the respondent has the right not to speak to her examiner).”
In re David B., 857 N.E.2d 755 (Ill. App. Ct. 5th Dist. 2006). “405 ILCS 5/3-208 (West 2002). Section 3-807 of the Code provides that no respondent may be found subject to involuntary admission unless an expert who has examined that respondent testifies in person at the hearing.”
In re Daniel K., 2013 IL App (2d) 111251, 990 N.E.2d 230. “Instead, the only Code provision that addresses the matter is section 3-208, which provides that an examiner must inform the respondent that he or she does not have to talk to the examiner and that any statements made may be disclosed at a court hearing on the issue of whether…”
In re Hannah E., No. 1-06-1956 Rel (Ill. App. Ct. 1st Dist. Sept. 28, 2007). “See also 405 ILCS 5/3-208 (West 2004) (the respondent has the right not to speak to her examiner).”
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