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Illinois Compiled Statutes

405 ILCS 5/3-804 (2026)

The respondent is entitled to secure an independent examination by a physician, qualified examiner, clinical psychologist or other expert of his or her choice

✓ current as of May 2026
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(405 ILCS 5/3-804) (from Ch. 91 1/2, par. 3-804)
    Sec. 3-804. The respondent is entitled to secure an independent examination by a physician, qualified examiner, clinical psychologist or other expert of his or her choice. If the respondent is unable to obtain an examination in an involuntary admission proceeding, a discharge proceeding under Section 3-901 of this Code, or in a proceeding under Section 2-107.1 of this Code, the respondent may request that the court order an examination to be made by a physician, qualified examiner, clinical psychologist, or other expert. Any such physician or other examiner, whether secured by the respondent or appointed by the court, may interview by telephone or in person any witnesses or other persons listed in the petition for involuntary admission, the petition for discharge under Section 3-901 of this Code, or in the petition for medication or therapy under Section 2-107.1 of this Code. The physician or other examiner may submit to the court a report in which his or her findings are described in detail. The court must determine the compensation of the examiner or other expert. The compensation must be paid by the respondent's county of residence unless the respondent is not a resident of this State, in which case the fee must be paid by the county in which the proceeding is pending.
(Source: P.A. 98-853, eff. 1-1-15.)

    
Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1994–2021 · 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 2× “James’s attorney appeared before the court on the fifth and requested that the court order an independent evaluation of his client as authorized by section 3-804 of the Mental Health Code (405 ILCS 5/3-804 (West 2010)). At the conclusion of that hearing, the court granted…”
Yoder v. People, 682 N.E.2d 753 (Ill. App. Ct. 1997). · cites it 2× “Counsel presented no evidence, and the court granted the State's motion *755 for a directed finding and denied the petition for discharge, based on petitioner's failure to present any evidence to substantiate the allegations of the petition.”
Matter of Katz, 642 N.E.2d 893 (Ill. App. Ct. 1994). “" 405 ILCS 5/3-804 (West 1992). As we have previously indicated, section 901(b) of the Code states that "[a]rticle VIII of [the Code] applies to hearings held under this Section" (405 ILCS 5/3-901(b) (West 1992)).”
In re James W., 2014 IL 114483 (Ill. 2014). “405 ILCS 5/3-804 (West 2010). To accommodate this request, the matter had to be continued.”
In Re Rc, 788 N.E.2d 99 (Ill. App. Ct. 2003). · cites it 4× “Section 3-804 states: *102 "[t]he respondent is entitled to secure an independent examination by a physician, qualified examiner, clinical psychologist or other expert of his choice.”
In re: Angela A., 2013 IL App (4th) 120786 (Ill. App. Ct. 2013). · cites it 4× “Respondent appeals, arguing (1) the trial court failed to comply with section 3-804 of the Mental Health and Developmental Disabilities Code (Mental Health Code) (405 ILCS 5/3-804 (West 2010)) when it denied respondent’s request for an independent mental-health examination; (2)…”
Clark v. Evans (N.D. Ill. 2021). “Clark then filed his amended habeas petition on July 14, 2020, arguing his counsel was ineffective for failing to assert a right to an independent evaluation under 405 ILCS 5/3-804; failing to inform him of his right to appeal; and failing to assert a right to a jury to…”
In re Evelyn S. (Ill. App. Ct. 2003). “2001)), (4) denying her request for an independent examination (see 405 ILCS 5/3-804 (West 2000)), (5) finding her subject to the involuntary administration of psychotropic medication without the testimony of at least one psychiatrist who had actually examined her (see 405 ILCS…”
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