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Illinois Compiled Statutes

405 ILCS 5/3-704 (2026)

Examination; detention

✓ current as of May 2026
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(405 ILCS 5/3-704) (from Ch. 91 1/2, par. 3-704)
    Sec. 3-704. Examination; detention.
    (a) The respondent shall be permitted to remain in his or her place of residence pending any examination. The respondent may be accompanied by one or more of his or her relatives or friends or by his or her attorney to the place of examination. If, however, the court finds that it is necessary in order to complete the examination the court may order that the person be admitted to a mental health facility pending examination and may order a peace officer or other person to transport the person there. The examination shall be conducted at a local mental health facility or hospital or, if possible, in the respondent's own place of residence. No person may be detained for examination under this Section for more than 24 hours. The person shall be released upon completion of the examination unless the physician, qualified examiner or clinical psychologist executes a certificate stating that the person is subject to involuntary admission on an inpatient basis and in need of immediate hospitalization to protect such person or others from physical harm. Upon admission under this Section treatment may be given pursuant to Section 3-608.
    (a-5) Whenever a respondent has been transported to a mental health facility for an examination, the admitting facility shall inquire, upon the respondent's arrival, whether the respondent wishes any person or persons to be notified of his or her detention at that facility. If the respondent does wish to have any person or persons notified of his or her detention at the facility, the facility must promptly make all reasonable attempts to locate the individual identified by the respondent, or at least 2 individuals identified by the respondent if more than one has been identified, and notify them of the respondent's detention at the facility for a mandatory examination pursuant to court order.
    (b) Not later than 24 hours, excluding Saturdays, Sundays, and holidays, after admission under this Section, the respondent shall be asked if he desires the petition and the notice required under Section 3-206 sent to any other persons and at least 2 such persons designated by the respondent shall be sent the documents. At the time of his admission the respondent shall be allowed to complete not fewer than 2 telephone calls to such persons as he chooses.
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)

    
Notes of Decisions
Cited in 9 cases, 2003–2015 · leading case: People v. Louis S., 838 N.E.2d 218 (Ill. App. Ct. 2005).
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People v. Louis S., 838 N.E.2d 218 (Ill. App. Ct. 2005). · cites it 5× “" Section 3-704(a) of the Mental Health Code (405 ILCS 5/3-704(a) (West 2004)) allows a person to remain in his or her residence pending any examination.”
People v. James E., 797 N.E.2d 622 (Ill. 2003). “See 405 ILCS 5/3-704(a), 3-706 (West 2000). Under Hays , St.”
Prough v. Madison Cnty., 2013 IL App (5th) 110146 (Ill. App. Ct. 2013). “On the same date, the circuit court of Jersey County entered the emergency order of protection and entered two fill-in-the-blank “order[s] for detention, examination, diagnostic evaluation” (see 405 ILCS 5/3-704(a) (West 2008)). In one order for detention, the circuit court…”
In re Lance H., 2014 IL 114899 (Ill. 2015). “” 405 ILCS 5/3-704 (West 2010). The circuit court must set a hearing within five days, excluding weekends and holidays, after the earlier of (1) receipt of the second certificate, or (2) the respondent’s admission to a mental health facility.”
People v. Alfred H., 832 N.E.2d 964 (Ill. App. Ct. 2005). “" 405 ILCS 5/3-704(a) (West 2002). In the present case, respondent could not be detained for examination for more than 24 hours, and he was not.”
In re Lance H., 2014 IL 114899 (Ill. 2014). “” 405 ILCS 5/3-704 (West 2010). The circuit court must set a hearing within five days, excluding weekends and holidays, after the earlier of (1) receipt of the second certificate, or (2) the respondent’s admission to a mental health facility.”
In re Louis S. (Ill. App. Ct. 2005). · cites it 5× “" Section 3-704(a) of the Mental Health Code (405 ILCS 5/3-704(a) (West 2004)) allows a person to remain in his or her residence pending any examination.”
In re Lance H., 2014 IL 114899 (Ill. 2014). “” 405 ILCS 5/3-704 (West 2010). The circuit court must set a hearing within five days, excluding weekends and holidays, after the earlier of (1) receipt of the second certificate, or (2) the respondent’s admission to a mental health facility.”
In re Alfred H. (Ill. App. Ct. 2005). “" 405 ILCS 5/3-704(a) (West 2002). In the present case, respondent could not be detained for examination for more than 24 hours, and he was not.”
— 405 ILCS 5/3-704(a) — 6 cases
People v. Louis S., 838 N.E.2d 218 (Ill. App. Ct. 2005). “" Section 3-704(a) of the Mental Health Code (405 ILCS 5/3-704(a) (West 2004)) allows a person to remain in his or her residence pending any examination.”
People v. James E., 797 N.E.2d 622 (Ill. 2003). “See 405 ILCS 5/3-704(a), 3-706 (West 2000). Under Hays , St.”
Prough v. Madison Cnty., 2013 IL App (5th) 110146 (Ill. App. Ct. 2013). “On the same date, the circuit court of Jersey County entered the emergency order of protection and entered two fill-in-the-blank “order[s] for detention, examination, diagnostic evaluation” (see 405 ILCS 5/3-704(a) (West 2008)). In one order for detention, the circuit court…”
People v. Alfred H., 832 N.E.2d 964 (Ill. App. Ct. 2005). “" 405 ILCS 5/3-704(a) (West 2002). In the present case, respondent could not be detained for examination for more than 24 hours, and he was not.”
In re Louis S. (Ill. App. Ct. 2005). “" Section 3-704(a) of the Mental Health Code (405 ILCS 5/3-704(a) (West 2004)) allows a person to remain in his or her residence pending any examination.”
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