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Illinois Compiled Statutes

405 ILCS 5/3-601 (2026)

Involuntary admission; petition

✓ current as of May 2026
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(405 ILCS 5/3-601) (from Ch. 91 1/2, par. 3-601)
    Sec. 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 immediate hospitalization is necessary for the protection of such person or others from physical harm, any person 18 years of age or older may present a petition to the facility director of a mental health facility in the county where the respondent resides or is present. The petition may be prepared by the facility director of the facility.
    (b) The petition shall include all of the following:
        1. A detailed statement of the reason for the
    
assertion that the respondent is subject to involuntary admission on an inpatient basis, including the signs and symptoms of a mental illness and a description of any acts, threats, or other behavior or pattern of behavior supporting the assertion and the time and place of their occurrence.
        2. The name and address of the spouse, parent,
    
guardian, substitute decision maker, if any, and close relative, or if none, the name and address of any known friend of the respondent whom the petitioner has reason to believe may know or have any of the other names and addresses. If the petitioner is unable to supply any such names and addresses, the petitioner shall state that diligent inquiry was made to learn this information and specify the steps taken.
        3. The petitioner's relationship to the respondent
    
and a statement as to whether the petitioner has legal or financial interest in the matter or is involved in litigation with the respondent. If the petitioner has a legal or financial interest in the matter or is involved in litigation with the respondent, a statement of why the petitioner believes it would not be practicable or possible for someone else to be the petitioner.
        4. The names, addresses and phone numbers of the
    
witnesses by which the facts asserted may be proved.
    (c) Knowingly making a material false statement in the petition is a Class A misdemeanor.
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)

    
Notes of Decisions
Cited in 45 cases (7 in the last 5 years), 1998–2026 · leading case: People v. Linda B. (In Re Linda B.), 2017 IL 119392 (Ill. 2017).
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People v. Linda B. (In Re Linda B.), 2017 IL 119392 (Ill. 2017). · cites it 2× “" 405 ILCS 5/3-601(a) (West 2012). ¶ 24 Section 3-601(b)(1) sets forth the aspects of a respondent's condition that must be addressed in the petition.”
People v. Robin C., 898 N.E.2d 689 (Ill. App. Ct. 2008). · cites it 2× “Waller filed a petition for emergency involuntary admission as to respondent pursuant to section 3-601 of the Mental Health and Developmental Disabilities Code (Code) (405 ILCS 5/3-601 (West 2006)). In his factual basis, Waller stated respondent was found at a motel after police…”
In re Marcus S., 2022 IL App (3d) 160710 (Ill. App. Ct. 2022). · cites it 2× “405 ILCS 5/3-601(b)(2) (West 2016). In this case, the State did neither.”
In re Linda B., 2017 IL 119392 (Ill. 2018). · cites it 2× “” 405 ILCS 5/3-601(a) (West 2012). ¶ 24 Section 3-601(b)(1) sets forth the aspects of a respondent’s condition that must be addressed in the petition.”
In re James W., 2014 IL 114483 (Ill. 2014). · cites it 3× “also challenged the circuit court’s judgment on the separate and alternate ground that the petition seeking his continued involuntary hospitalization did not meet the requirements of section 3-601 of the Mental Health Code (405 ILCS 5/3-601 (West 2010)) because it did not…”
In re Marcus S., 2022 IL App (3d) 170014 (Ill. App. Ct. 2022). “As noted above, section 3-601(b)(2) of the Code (405 ILCS 5/3-601(b)(2) (West 2016)) requires the State either to include the names and contact information of Marcus’s family members in the involuntary admission petition or, if no such names are provided in the petition, to…”
People v. Lisa G.C., 871 N.E.2d 794 (Ill. App. Ct. 2007). “See 405 ILCS 5/3-601, 3-602 (West 2004). Once admitted to McFarland, respondent was examined by a physi- cian within 24 hours who found her to be subject to involuntary admission.”
In Re Joseph M., 939 N.E.2d 959 (Ill. App. Ct. 2010). “The name and address of the spouse, parent, guardian, substitute decision maker, if any, and close relative[] or[,] if none, the name and address of any known friend of the respondent * * *. If the petitioner is unable to supply any such names and addresses, the petitioner shall…”
Jinkins v. Lee, 785 N.E.2d 914 (Ill. App. Ct. 2003). “A petition for involuntary admission was prepared on behalf of George pursuant to section 3-601 of the Mental Health and Developmental Disabilities Code (Mental Health Code) (405 ILCS 5/3-601 (West 1996)), and signed by Florine.”
People v. Maher, 734 N.E.2d 95 (Ill. App. Ct. 2000). “BACKGROUND On March 16, 1999, a petition for emergency admission by certificate was filed by a crisis therapist pursuant to section 3-601 of the Mental Health Code (405 ILCS 5/3-601 (West 1998)) on the grounds respondent was mentally ill and, because of his illness, was…”
People v. Robert F., 917 N.E.2d 1201 (Ill. App. Ct. 2009). “405 ILCS 5/3-611 (West 2008). At the hearing, the respondent has a right to counsel (405 ILCS 5/3-805 (West 2008)), the right to be present (405 ILCS 5/3-806(a) (West 2008)), and the right to a jury trial (405 ILCS 5/3-802 (West 2008)).”
In Re Sharon LN, 859 N.E.2d 627 (Ill. App. Ct. 2006). · cites it 2× “Respondent appeals, arguing that (1) no clear and convincing evidence warranted involuntary admission, particularly the State's expert testimony failed to satisfy section 3-807 (405 ILCS 5/3-807 (West 2004)), and (2) procedural deficiencies violated sections 3-601 and 3-701 of…”
Show all 45 citing cases →
— 405 ILCS 5/3-601(a) — 12 cases
People v. Linda B. (In Re Linda B.), 2017 IL 119392 (Ill. 2017). “" 405 ILCS 5/3-601(a) (West 2012). ¶ 24 Section 3-601(b)(1) sets forth the aspects of a respondent's condition that must be addressed in the petition.”
In re Linda B., 2017 IL 119392 (Ill. 2018). “” 405 ILCS 5/3-601(a) (West 2012). ¶ 24 Section 3-601(b)(1) sets forth the aspects of a respondent’s condition that must be addressed in the petition.”
People v. Robert F., 917 N.E.2d 1201 (Ill. App. Ct. 2009). “405 ILCS 5/3-611 (West 2008). At the hearing, the respondent has a right to counsel (405 ILCS 5/3-805 (West 2008)), the right to be present (405 ILCS 5/3-806(a) (West 2008)), and the right to a jury trial (405 ILCS 5/3-802 (West 2008)).”
In re: David M., 2013 IL App (4th) 121004 (Ill. App. Ct. 2013).
In re Linda B., 2015 IL App (1st) 132134 (Ill. App. Ct. 2015).
— 405 ILCS 5/3-601(b) — 6 cases
In re James W., 2014 IL 114483 (Ill. 2014). “also challenged the circuit court’s judgment on the separate and alternate ground that the petition seeking his continued involuntary hospitalization did not meet the requirements of section 3-601 of the Mental Health Code (405 ILCS 5/3-601 (West 2010)) because it did not…”
In Re Sharon LN, 859 N.E.2d 627 (Ill. App. Ct. 2006). “Respondent appeals, arguing that (1) no clear and convincing evidence warranted involuntary admission, particularly the State's expert testimony failed to satisfy section 3-807 (405 ILCS 5/3-807 (West 2004)), and (2) procedural deficiencies violated sections 3-601 and 3-701 of…”
In re Hannah E. (Ill. App. Ct. 2007).
In re Carly S. (Ill. App. Ct. 2026).
In re: Nancy A. (Ill. App. Ct. 2003).
— 405 ILCS 5/3-601(b)(1) — 4 cases
People v. Linda B. (In Re Linda B.), 2017 IL 119392 (Ill. 2017). “" 405 ILCS 5/3-601(a) (West 2012). ¶ 24 Section 3-601(b)(1) sets forth the aspects of a respondent's condition that must be addressed in the petition.”
In re Linda B., 2017 IL 119392 (Ill. 2018). “” 405 ILCS 5/3-601(a) (West 2012). ¶ 24 Section 3-601(b)(1) sets forth the aspects of a respondent’s condition that must be addressed in the petition.”
In re Linda B., 2015 IL App (1st) 132134 (Ill. App. Ct. 2015).
In re Tommy B. (Ill. App. Ct. 2007).
— 405 ILCS 5/3-601(b)(2) — 9 cases
In re Marcus S., 2022 IL App (3d) 160710 (Ill. App. Ct. 2022). “405 ILCS 5/3-601(b)(2) (West 2016). In this case, the State did neither.”
In re Marcus S., 2022 IL App (3d) 170014 (Ill. App. Ct. 2022). “As noted above, section 3-601(b)(2) of the Code (405 ILCS 5/3-601(b)(2) (West 2016)) requires the State either to include the names and contact information of Marcus’s family members in the involuntary admission petition or, if no such names are provided in the petition, to…”
In Re Joseph M., 939 N.E.2d 959 (Ill. App. Ct. 2010). “The name and address of the spouse, parent, guardian, substitute decision maker, if any, and close relative[] or[,] if none, the name and address of any known friend of the respondent * * *. If the petitioner is unable to supply any such names and addresses, the petitioner shall…”
People v. Robin C., 898 N.E.2d 689 (Ill. App. Ct. 2008). “Waller filed a petition for emergency involuntary admission as to respondent pursuant to section 3-601 of the Mental Health and Developmental Disabilities Code (Code) (405 ILCS 5/3-601 (West 2006)). In his factual basis, Waller stated respondent was found at a motel after police…”
In re James W., 2014 IL 114483 (Ill. 2014). “also challenged the circuit court’s judgment on the separate and alternate ground that the petition seeking his continued involuntary hospitalization did not meet the requirements of section 3-601 of the Mental Health Code (405 ILCS 5/3-601 (West 2010)) because it did not…”
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