Illinois Compiled Statutes
405 ILCS 5/3-805 (2026)
Every respondent alleged to be subject to involuntary admission on an inpatient or outpatient basis shall be represented by counsel
✓ current as of May 2026
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(405 ILCS 5/3-805)
(from Ch. 91 1/2, par. 3-805) Sec. 3-805. Every respondent alleged to be subject to involuntary
admission on an inpatient or outpatient basis shall be represented by counsel. If the respondent is indigent
or an appearance has not been entered on his behalf at the time the matter
is set for hearing, the court shall appoint counsel for him. A hearing
shall not proceed when a respondent is not represented by counsel unless,
after conferring with counsel, the respondent requests to represent himself
and the court is satisfied that the respondent has the capacity to make
an informed waiver of his right to counsel. Counsel shall be allowed time
for adequate preparation and shall not be prevented from conferring with
the respondent at reasonable times nor from making an investigation of the
matters in issue and presenting such relevant evidence as he believes is necessary. 1. If the court determines that the respondent is unable to obtain counsel,
the court shall appoint as counsel an attorney employed by or under contract
with the Guardianship and Mental Health Advocacy Commission, if available. 2. If an attorney from the Guardianship and Mental Health Advocacy Commission
is not available, the court shall appoint as counsel the public defender
or, only if no public defender is available, an attorney licensed to practice
law in this State. 3. Upon filing with the court of a verified statement of legal services
rendered by the private attorney appointed pursuant to paragraph (2) of
this Section, the court shall determine a reasonable fee for such services.
If the respondent is unable to pay the fee, the court shall enter an order
upon the county to pay the entire fee or such amount as the respondent is unable to pay.(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
Notes of Decisions
Cited in 34
cases (4 in the last 5 years), 1995–2024 · leading case: People v. Shirley M., 860 N.E.2d 353 (Ill. App. Ct. 2006).
People v. Shirley M., 860 N.E.2d 353 (Ill. App. Ct. 2006). “Further, Conroy argued that under section 3-805 of the Code (405 ILCS 5/3-805 (West 2004)), he should be allowed to confer with his client.”
Matter of Denby, 653 N.E.2d 73 (Ill. App. Ct. 1995). “The court then inquired, "does the guardian have some questions?" William Denby asked Peters several questions concerning whether a change in respondent's medication would enable respondent to leave McFarland. The trial court denied respondent's petition for discharge.”
Matter of Tiffin, 646 N.E.2d 285 (Ill. App. Ct. 1995). “Further grounds for reversal of the trial court's commitment order are found in its abuse of discretion in allowing respondent to waive his right to counsel.”
In re Michael F., 2011 IL App (5th) 90423 (Ill. App. Ct. 2011). “405 ILCS 5/3-805 (West 2008). “Involuntary mental health services entail a ‘massive curtailment of liberty’ [citation], and the right to counsel is a central feature of the procedures enacted by our legislature to ensure that Illinois citizens are not subjected to such services…”
In re Marcus S., 2022 IL App (3d) 160710 (Ill. App. Ct. 2022). “405 ILCS 5/3-805 (West 2016); Barbara H., 183 Ill.”
People v. Mark P., 932 N.E.2d 481 (Ill. App. Ct. 2010). “In sum, the record lacks sufficient evidence to establish either that respondent was legally affected by his restraints or that it is reasonable to conclude that the outcome would have been different without them.”
Yoder v. People, 682 N.E.2d 753 (Ill. App. Ct. 1997). “Petitioner contends that under section 3-805 of the Code (405 ILCS 5/3-805 (West 1994)), the court erred by refusing to allow him to represent himself.”
In re Rita P., 2014 IL 115798 (Ill. 2014). “405 ILCS 5/3-805 (West 2010). The respondent is also entitled to secure an independent examination by a physician, clinical psychologist, or other expert of respondent’s choice (405 ILCS 5/2-107.”
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)).”
In re Rita P., 2014 IL 115798 (Ill. 2014). “405 ILCS 5/3-805 (West 2010). The respondent is also entitled to secure an independent examination by a physician, clinical psychologist, or other expert of respondent’s choice (405 ILCS 5/2-107.”
People v. Holt, 2014 IL 116989 (Ill. 2014). “If the intended implications of the cryptic allusions in defendant’s briefs are that the right to counsel at this stage of a criminal proceeding under the Code of Criminal Procedure, and the provisions of the Code itself, somehow collide and conflict with the right to counsel…”
In re Deborah S., 2015 IL App (1st) 123596 (Ill. App. Ct. 2015). “Sufficiency of the Evidence ¶ 27 On appeal, respondent raises the following issues: (1) whether the trial court failed to comply with section 3-805 of the Mental Health Code (405 ILCS 5/3-805 (West 2012)) by applying an impermissible standard in denying her request to represent…”
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