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Illinois Compiled Statutes

405 ILCS 5/3-802 (2026)

The respondent is entitled to a jury on the question of whether he is subject to involuntary admission on an inpatient or outpatient basis

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(405 ILCS 5/3-802) (from Ch. 91 1/2, par. 3-802)
    Sec. 3-802. The respondent is entitled to a jury on the question of whether he is subject to involuntary admission on an inpatient or outpatient basis. The jury shall consist of 6 persons to be chosen in the same manner as are jurors in other civil proceedings. A respondent is not entitled to a jury on the question of whether psychotropic medication or electroconvulsive therapy may be administered under Section 2-107.1.
(Source: P.A. 95-172, eff. 8-14-07; 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)

    
Notes of Decisions
Cited in 10 cases, 1997–2014 · leading case: In re James W., 2014 IL 114483 (Ill. 2014).
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In re James W., 2014 IL 114483 (Ill. 2014). · cites it 5× “See 405 ILCS 5/3-802 (West 2010). -3- ¶9 The court questioned James W.”
Yoder v. People, 682 N.E.2d 753 (Ill. App. Ct. 1997). · cites it 4× “The State contends that, because section 3-901 repeatedly indicates that the court shall control the setting of hearings and enter orders relating to petitions for discharge, the plain language militates in favor of holding that *756 the jury trial provisions of section 3-802…”
In re James W., 2014 IL 114483 (Ill. 2014). · cites it 3× “See 405 ILCS 5/3-802 (West 2010). ¶9 The court questioned James W.”
In Re Leslie H., 861 N.E.2d 1010 (Ill. App. Ct. 2007). “2d 138 (1997) (court reviewed de novo *1013 whether the respondent's right to a jury trial, as guaranteed by section 3-802 of the Code (405 ILCS 5/3-802 (West 1996)), was waived).”
People v. Robert F., 917 N.E.2d 1201 (Ill. App. Ct. 2009). “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)). The State must prove the allegations in the petition by clear and…”
Matter of Ma, 689 N.E.2d 138 (Ill. App. Ct. 1997). · cites it 2× “The Code's chapter 3, in article 8, sets forth the procedures that apply in section 2-107.”
In re James W., 2012 IL App (5th) 100422 (Ill. App. Ct. 2012). “See 405 ILCS 5/3-802 (West 2010) (providing that a respondent “is entitled to a jury on the question of whether he is subject to involuntary admission” (emphasis added)).”
In re Evelyn S. (Ill. App. Ct. 2003). “She contends that the trial court erred by (1) allowing her to waive counsel despite evidence she was not competent to do so, (2) denying her request for a jury (see 405 ILCS 5/3-802 (West 2000)), (3) denying her request for a continuance to conduct discovery (see 405 ILCS…”
In re Robert F. (Ill. App. Ct. 2009). “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 - 11 - 2008)). The State must prove the allegations in the petition by clear and…”
In Re James W., 969 N.E.2d 944 (Ill. App. Ct. 2012). “The State, however, contends that the jury request was not timely. More precisely, the State contends that a respondent in a mental health case " should make his jury request no later than his first appearance.”
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