Illinois Compiled Statutes
405 ILCS 5/3-401 (2026)
(a) The application for admission as a voluntary recipient may be executed by: 1
✓ current as of May 2026
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(405 ILCS 5/3-401)
(from Ch. 91 1/2, par. 3-401)
Sec. 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. Any interested person, 18 or older, at the request | of the person seeking admission; or |
3. A minor, 16 or older, as provided in Section 3-502.
(b) The written application form shall contain in large, bold-face type
a statement in simple nontechnical terms that the voluntary recipient may
be discharged from the facility at the earliest appropriate time, not to
exceed 5 days, excluding Saturdays, Sundays and holidays, after giving a
written notice of his desire to be discharged, unless within that time,
a petition and 2 certificates are filed with the court asserting that the
recipient is subject to involuntary admission. Upon admission the right to
be discharged shall be communicated orally to the recipient and a copy of
the application form shall be given to the recipient and to any parent,
guardian, relative, attorney, or friend who accompanied the recipient to the
facility.
(Source: P.A. 88-380.)
Notes of Decisions
Cited in 4
cases, 1994–2015 · leading case: In re Lance H., 2014 IL 114899 (Ill. 2015).
In re Lance H., 2014 IL 114899 (Ill. 2015). “The written application form must contain “in large, bold-face type a statement in simple nontechnical terms that the voluntary recipient may be discharged from the facility at the earliest appropriate time *** after giving a written notice of his desire to be discharged.”
Est. of Cassara by Cassara v. State of Ill., 853 F. Supp. 273 (N.D. Ill. 1994). “See 405 ILCS 5/3-401(b) and 5/3-403. Plaintiff, on the other hand, asserts that despite the lack of a formal involuntary commitment, Cassara’s liberty interests were restricted to such a degree that due process protection is warranted.”
In re Lance H., 2014 IL 114899 (Ill. 2014). “The written application form must contain “in large, bold-face type a statement in simple nontechnical terms that the voluntary recipient may be discharged from the facility at the earliest appropriate time *** after giving a written notice of his desire to be discharged.”
In re Lance H., 2014 IL 114899 (Ill. 2014). “The written application form must contain “in large, bold-face type a statement in simple nontechnical terms that the voluntary recipient may be discharged from the facility at the earliest appropriate time *** after giving a written notice of his desire to be discharged.”
— 405 ILCS 5/3-401(b) — 1 case
Est. of Cassara by Cassara v. State of Ill., 853 F. Supp. 273 (N.D. Ill. 1994). “See 405 ILCS 5/3-401(b) and 5/3-403. Plaintiff, on the other hand, asserts that despite the lack of a formal involuntary commitment, Cassara’s liberty interests were restricted to such a degree that due process protection is warranted.”
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