ILCS » Chapter 405 · Act 5
Illinois Compiled Statutes

405 ILCS 5/3-800 (2026)

(a) Unless otherwise indicated, court hearings under this Chapter shall be held pursuant to this Article

✓ current as of May 2026
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(405 ILCS 5/3-800) (from Ch. 91 1/2, par. 3-800)
    Sec. 3-800. (a) Unless otherwise indicated, court hearings under this Chapter shall be held pursuant to this Article. Hearings shall be held in such quarters as the court directs. To the extent practical, hearings shall be held in the mental health facility where the respondent is hospitalized. The respondent may request to have the proceedings transferred to the county of his or her residence. The court shall grant the request if and only if the court determines that the transfer is necessary to ensure the attendance of any material witness.
    (b) If the court grants a continuance on its own motion or upon the motion of one of the parties, the respondent may continue to be detained pending further order of the court. Such continuance shall not extend beyond 15 days except to the extent that continuances are requested by the respondent.
    (c) Court hearings under this Chapter, including hearings under Section 2-107.1, shall be open to the press and public unless the respondent or some other party requests that they be closed. The court may also indicate its intention to close a hearing, including when it determines that the respondent may be unable to make a reasoned decision to request that the hearing be closed. A request that a hearing be closed shall be granted unless there is an objection to closing the hearing by a party or any other person. If an objection is made, the court shall not close the hearing unless, following a hearing, it determines that the patient's interest in having the hearing closed is compelling. The court shall support its determination with written findings of fact and conclusions of law. The court shall not close the hearing if the respondent objects to its closure. Whenever a court determines that a hearing shall be closed, access to the records of the hearing, including but not limited to transcripts and pleadings, shall be limited to the parties involved in the hearing, court personnel, and any person or agency providing mental health services that are the subject of the hearing. Access may also be granted, however, pursuant to the provisions of the Mental Health and Developmental Disabilities Confidentiality Act.
    (d) The provisions of subsection (a-5) of Section 6 of the Rights of Crime Victims and Witnesses Act shall apply to the initial commitment hearing, as provided under Section 5-2-4 of the Unified Code of Corrections, for a respondent found not guilty by reason of insanity of a violent crime in a criminal proceeding and the hearing has been ordered by the court under this Code to determine if the defendant is:
        (1) in need of mental health services on an inpatient
    
basis;
        (2) in need of mental health services on an
    
outpatient basis; or
        (3) not in need of mental health services.
    While the impact statement to the court allowed under this subsection (d) may include the impact that the respondent's criminal conduct has had upon the victim, victim's representative, or victim's family or household member, the court may only consider the impact statement along with all other appropriate factors in determining the:
        (i) threat of serious physical harm posed by the
    
respondent to himself or herself, or to another person;
        (ii) location of inpatient or outpatient mental
    
health services ordered by the court, but only after complying with all other applicable administrative requirements, rules, and statutory requirements;
        (iii) maximum period of commitment for inpatient
    
mental health services; and
        (iv) conditions of release for outpatient mental
    
health services ordered by the court.
    (e) Notwithstanding the provisions of Section 2-1009 of the Code of Civil Procedure, a respondent may object to a motion for voluntary dismissal and the court may refuse to grant such a dismissal for good cause shown.
(Source: P.A. 99-220, eff. 7-31-15.)

    
Notes of Decisions
Cited in 26 cases (2 in the last 5 years), 1994–2025 · leading case: In re Br. M. & Bo. M., 2021 IL 125969 (Ill. 2021).
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In re Br. M. & Bo. M., 2021 IL 125969 (Ill. 2021). “2d 482, 496 (1998) (refusing to allow the statutory right to counsel in civil proceedings under the Mental Health and Developmental Disabilities Code (405 ILCS 5/3-800 et seq. (West 1996)) to be “reduced to no more than an empty formality”).”
In re James W., 2014 IL 114483 (Ill. 2014). · cites it 7× “’s involuntary admission to the Chester mental health facility pursuant to chapter 3, article VIII, of the Mental Health Code (405 ILCS 5/3-800 et seq. (West 2010)) was fatally infirm because of the length of time—96 days—between James’s demand for a jury trial and the date when…”
In re James W., 2014 IL 114483 (Ill. 2014). · cites it 6× “OPINION ¶1 The issue in this case is whether a judgment continuing a patient’s involuntary admission to a mental health facility pursuant to chapter 3, article VIII, of the Mental Health and Developmental Disabilities Code (the Mental Health Code) (405 ILCS 5/3-800 et seq. (West…”
People v. Hannah E., 877 N.E.2d 63 (Ill. App. Ct. 2007). · cites it 3× “Timeliness Addressing the merits of the case, respondent first contends that the commitment order must be reversed since her hearing was not completed in a timely manner pursuant to section 3-800(b) of the Mental Health and Developmental Disabilities Code (Code) (405 ILCS…”
People v. Lisa G.C., 871 N.E.2d 794 (Ill. App. Ct. 2007). · cites it 2× “405 ILCS 5/3-800(b) (West 2004). Section 3-800(b) states the following: "If the court grants a continuance on its own motion or upon the motion of one of the parties, the respondent may continue to be detained pending further order of the - 11 - court.”
People v. Michelle J., 808 N.E.2d 987 (Ill. 2004). “Although he could have requested a change of venue based on the transfer (405 ILCS 5/3-800(a) (West 2000)), he did not.”
In re: David M., 2013 IL App (4th) 121004 (Ill. App. Ct. 2013). · cites it 4× “Respondent appeals, arguing (1) the court erred in refusing to grant his request to move the proceedings to his home county pursuant to section 3-800(a) of the Mental Health and Developmental Disabilities Code (Mental Health Code) (405 ILCS 5/3-800(a) (West 2010)); (2) the State…”
In Re Ce, 641 N.E.2d 345 (Ill. 1994). “1 violates procedural due process because it does not require that patients be served with notice of the proceedings against them.”
People v. Louis S., 838 N.E.2d 218 (Ill. App. Ct. 2005). “Under section 3-800(b) of the Mental Health Code (405 ILCS 5/3-800(b) (West 2004)), the trial court may continue the hearing with the respondent continuing to be detained, but the continuance cannot "extend beyond 15 days except to the extent that continuances are requested by…”
In re Lance H., 2012 IL App (5th) 110244 (Ill. App. Ct. 2012). “405 ILCS 5/3-800(b) (West 2010) (“If the court grants a continuance on its own motion or upon the motion of one of the parties, the respondent may continue to be detained pending further order of the court.”
Matter of Katz, 642 N.E.2d 893 (Ill. App. Ct. 1994). “) As we later consider in more detail, section 3-901(b) of the Code, which concerns the procedure for hearings on petitions for discharge, states that article VIII of the Code (405 ILCS 5/3-800 through 3-820 (West 1992)), of which section 3-810 is a part, governs the procedure…”
In re Lance H., 2014 IL 114899 (Ill. 2015). “405 ILCS 5/3-800 (West 2010) (“Such continuance shall not extend beyond 15 days except to the extent that continuances are requested by the respondent.”
Show all 26 citing cases →
— 405 ILCS 5/3-800(a) — 5 cases
People v. Michelle J., 808 N.E.2d 987 (Ill. 2004). “Although he could have requested a change of venue based on the transfer (405 ILCS 5/3-800(a) (West 2000)), he did not.”
In re: David M., 2013 IL App (4th) 121004 (Ill. App. Ct. 2013). “Respondent appeals, arguing (1) the court erred in refusing to grant his request to move the proceedings to his home county pursuant to section 3-800(a) of the Mental Health and Developmental Disabilities Code (Mental Health Code) (405 ILCS 5/3-800(a) (West 2010)); (2) the State…”
In re James W., 2014 IL 114483 (Ill. 2014). “OPINION ¶1 The issue in this case is whether a judgment continuing a patient’s involuntary admission to a mental health facility pursuant to chapter 3, article VIII, of the Mental Health and Developmental Disabilities Code (the Mental Health Code) (405 ILCS 5/3-800 et seq. (West…”
In re James W., 2014 IL 114483 (Ill. 2014). “’s involuntary admission to the Chester mental health facility pursuant to chapter 3, article VIII, of the Mental Health Code (405 ILCS 5/3-800 et seq. (West 2010)) was fatally infirm because of the length of time—96 days—between James’s demand for a jury trial and the date when…”
People v. Dyjak, 2025 IL App (5th) 200296-U (Ill. App. Ct. 2025).
— 405 ILCS 5/3-800(b) — 14 cases
People v. Hannah E., 877 N.E.2d 63 (Ill. App. Ct. 2007). “Timeliness Addressing the merits of the case, respondent first contends that the commitment order must be reversed since her hearing was not completed in a timely manner pursuant to section 3-800(b) of the Mental Health and Developmental Disabilities Code (Code) (405 ILCS…”
People v. Lisa G.C., 871 N.E.2d 794 (Ill. App. Ct. 2007). “405 ILCS 5/3-800(b) (West 2004). Section 3-800(b) states the following: "If the court grants a continuance on its own motion or upon the motion of one of the parties, the respondent may continue to be detained pending further order of the - 11 - court.”
In re James W., 2014 IL 114483 (Ill. 2014). “’s involuntary admission to the Chester mental health facility pursuant to chapter 3, article VIII, of the Mental Health Code (405 ILCS 5/3-800 et seq. (West 2010)) was fatally infirm because of the length of time—96 days—between James’s demand for a jury trial and the date when…”
In re James W., 2014 IL 114483 (Ill. 2014). “OPINION ¶1 The issue in this case is whether a judgment continuing a patient’s involuntary admission to a mental health facility pursuant to chapter 3, article VIII, of the Mental Health and Developmental Disabilities Code (the Mental Health Code) (405 ILCS 5/3-800 et seq. (West…”
People v. Louis S., 838 N.E.2d 218 (Ill. App. Ct. 2005). “Under section 3-800(b) of the Mental Health Code (405 ILCS 5/3-800(b) (West 2004)), the trial court may continue the hearing with the respondent continuing to be detained, but the continuance cannot "extend beyond 15 days except to the extent that continuances are requested by…”
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