ILCS » Chapter 405 · Act 5
Illinois Compiled Statutes

405 ILCS 5/3-403 (2026)

A voluntary recipient shall be allowed to be discharged from the facility at the earliest appropriate time, not to exceed 5 days, excluding Saturdays, Sundays and holidays, after the recipient gives any treatment staff person written notice of the recipient's desire to be discharged unless the recipient either withdraws the notice in writing or unless within the 5 day period a copy of the written notice and a petition and 2 certificates conforming to the requirements of paragraph (b) of Section 3-601 and Section 3-602 are filed with the court

✓ current as of May 2026
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(405 ILCS 5/3-403) (from Ch. 91 1/2, par. 3-403)
    Sec. 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, Sundays and holidays, after the recipient gives any treatment staff person written notice of the recipient's desire to be discharged unless the recipient either withdraws the notice in writing or unless within the 5 day period a copy of the written notice and a petition and 2 certificates conforming to the requirements of paragraph (b) of Section 3-601 and Section 3-602 are filed with the court. Upon receipt of the petition, the court shall order a hearing to be held within 5 days, excluding Saturdays, Sundays and holidays, and to be conducted pursuant to Article IX of this Chapter. Hospitalization of the recipient may continue pending further order of the court.
(Source: P.A. 103-674, eff. 1-1-25.)

    
Notes of Decisions
Cited in 20 cases (1 in the last 5 years), 1995–2026 · leading case: People v. Wilma T. (In Re Wilma T.), 2018 IL App (3d) 170155 (Ill. App. Ct. 2018).
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People v. Wilma T. (In Re Wilma T.), 2018 IL App (3d) 170155 (Ill. App. Ct. 2018). · cites it 3× “Respondent challenges the circuit court's interpretation of section 3-403 of the Mental Health and Developmental Disabilities Code (Code) ( 405 ILCS 5/3-403 (West 2016) ) regarding the petition for involuntary commitment filed while she was a voluntary patient.”
People v. James E., 797 N.E.2d 622 (Ill. 2003). · cites it 2× “Upon receipt of the petition, the court shall order a hearing to be held within 5 days, excluding Saturdays, Sundays and holidays, and to be conducted pursuant to Article IX of this Chapter.”
Matter of Tiffin, 646 N.E.2d 285 (Ill. App. Ct. 1995). · cites it 2× “Later that same day, respondent served a written notice of request for discharge pursuant to section 3-403 of the Code (405 ILCS 5/3-403 (West 1992)) on a member of the McFarland staff.”
In re Connie G., 2011 IL App (3d) 100420 (Ill. App. Ct. 2011). · cites it 5× “The box that referred to section 3-403 (405 ILCS 5/3-403 (West 2008)) and stated “voluntary admittee submitted written notice of desire to be discharged” was not checked.”
In Re Andrew B., 896 N.E.2d 1067 (Ill. App. Ct. 2008). · cites it 2× “On May 7, 2007, respondent requested to leave Singer, and a petition seeking respondent's involuntary admission *1069 pursuant to sections 3-403 and 3-404 of the Code (405 ILCS 5/3-403, 3-404 (West 2006)) was prepared and filed with the court the following day.”
People v. N.S., 836 N.E.2d 371 (Ill. App. Ct. 2005). · cites it 2× “405 ILCS 5/3-403, 3-601, 3-602 (West 2004).”
In Re James E., 843 N.E.2d 387 (Ill. App. Ct. 2006). “ocedure by which a voluntary patient may seek discharge from a mental health facility at any time: "A voluntary recipient shall be allowed to be discharged from the facility at the earliest appropriate time, not to exceed 5 days, excluding Saturdays, Sundays[,] and holidays,…”
In re Lance H., 2014 IL 114899 (Ill. 2014). “405 ILCS 5/3-403 (West 2010). The remainder of the article on voluntary admission for adults focuses on patient transportation (405 ILCS 5/3-401.”
James E. v. People, 363 Ill. App. 3d 286 (Ill. App. Ct. 2005). “ry patient may seek discharge from a mental health facility at any time: “A voluntary recipient shall be allowed to be discharged from the facility at the earliest appropriate time, not to exceed 5 days, excluding Saturdays, Sundays!,] and holidays, after he gives any treatment…”
People v. Johnson, 965 N.E.2d 602 (Ill. App. Ct. 2012). “2d at 710 (citing 405 ILCS 5/3-403 (West 2006)). We further explained that if a respondent asks to be admitted to a facility as a voluntary patient while a petition for involuntary admission is pending, the court may either dismiss the pending petition immediately and treat the…”
In Re Ns, 836 N.E.2d 371 (Ill. App. Ct. 2005). · cites it 2× “, alleging he demanded to be discharged. Two medical certificates, also dated October 19, accompanied the petition.”
In Re Connie G., 956 N.E.2d 600 (Ill. App. Ct. 2011). · cites it 6× “The box that referred to section 3-403 (405 ILCS 5/3-403 (West 2008)) and stated "voluntary admittee submitted written notice of desire to be discharged" was not checked.”
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