ILCS » Chapter 405 · Act 5
Illinois Compiled Statutes

405 ILCS 5/3-706 (2026)

The court shall set a hearing to be held within 5 days, excluding Saturdays, Sundays and holidays, after its receipt of the second certificate or after the respondent is admitted to a mental health facility, whichever is earlier

✓ current as of May 2026
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(405 ILCS 5/3-706) (from Ch. 91 1/2, par. 3-706)
    Sec. 3-706. The court shall set a hearing to be held within 5 days, excluding Saturdays, Sundays and holidays, after its receipt of the second certificate or after the respondent is admitted to a mental health facility, whichever is earlier. The court shall direct that notice of the time and place of hearing be served upon the respondent, his attorney, and guardian, if any, his responsible relatives, and the facility director. Unless the respondent is admitted pursuant to Section 3-704, he may remain at his residence pending the hearing. If, however, the court finds it necessary, it may order a peace officer or another person to have the respondent before the court at the time and place set for hearing.
(Source: P.A. 91-726, eff. 6-2-00.)


 
    (405 ILCS 5/Ch. III Art. VII-A heading)
ARTICLE VII-A. ADMISSION ON AN OUTPATIENT BASIS BY COURT ORDER
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)

    
Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1994–2025 · 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 2× “Hearing Date Under section 3-706 of the Mental Health Code (405 ILCS 5/3-706 (West 2004)), the trial court must hold a hearing on a petition for involuntary admission within five days, excluding Saturdays, Sundays, and holidays, after (1) its receipt of the second medical…”
In Re Ce, 641 N.E.2d 345 (Ill. 1994). “(See 405 ILCS 5/3-706 (West 1992) (once court sets date of hearing, court "shall direct that notice of the time and place of hearing be served upon the respondent, his attorney, and guardian, if any, his responsible relatives, and the facility director of the facility").”
In re Lance H., 2014 IL 114899 (Ill. 2015). “405 ILCS 5/3-706 (West 2010). ¶ 23 Article VIII of the chapter on admission, transfer, and discharge for mentally ill patients governs the proceedings for involuntary admission.”
In re James W., 2014 IL 114483 (Ill. 2014). “” 405 ILCS 5/3-706 (West 2010). ¶ 25 There is no question in this case that this deadline was met.”
In re James W., 2014 IL 114483 (Ill. 2014). “” 405 ILCS 5/3-706 (West 2010). ¶ 25 There is no question in this case that this deadline was met.”
In re Lance H., 2014 IL 114899 (Ill. 2014). “405 ILCS 5/3-706 (West 2010). ¶ 23 Article VIII of the chapter on admission, transfer, and discharge for mentally ill patients governs the proceedings for involuntary admission.”
In re Louis S. (Ill. App. Ct. 2005). · cites it 2× “Hearing Date Under section 3-706 of the Mental Health Code (405 ILCS 5/3-706 (West 2004)), the trial court must hold a hearing on a petition for involuntary admission within five days, excluding Saturdays, Sundays, and holidays, after (1) its receipt of the second medical…”
In re Marriage of Nasson, 2025 IL App (1st) 230951-U (Ill. App. Ct. 2025). “3d 723, 725-26 (1993), the trial court failed to hold an involuntary commitment hearing within the time dictated by the required statute (see 405 ILCS 5/3-706 (West 2000)), and the respondent argued on appeal that the court’s failure to comply with the statute required reversal.”
In re Perona (Ill. App. Ct. 1998). · cites it 2× “405 ILCS 5/3-706 (West 1996). The stat­utory right to coun­sel has been in­ter­pret­ed by this court to include a right to effec­tive as­sis­tance of coun­sel anal­ogous to the right to counsel guar­an­teed by the sixth amend­ment in crimi­nal proceed­ings.”
In re Lance H., 2014 IL 114899 (Ill. 2014). “405 ILCS 5/3-706 (West 2010). ¶ 23 Article VIII of the chapter on admission, transfer, and discharge for mentally ill patients governs the proceedings for involuntary admission.”
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