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Illinois Compiled Statutes

405 ILCS 5/3-806 (2026)

Presence at hearing; location

✓ current as of May 2026
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(405 ILCS 5/3-806) (from Ch. 91 1/2, par. 3-806)
    Sec. 3-806. Presence at hearing; location.
    (a) The respondent shall be present at any hearing held under this Act unless his attorney waives his right to be present and the court is satisfied by a clear showing that the respondent's attendance would subject him to substantial risk of serious physical or emotional harm.
    (b) The court shall make reasonable accommodation of any request by the recipient's attorney concerning the location of the hearing. If the recipient's attorney advises the court that the recipient refuses to attend, the hearing may proceed in his or her absence.
    (c) No inference may be drawn from the recipient's non-attendance pursuant to either subsection (a) or (b) of this Section.
(Source: P.A. 89-439, eff. 6-1-96.)

    
Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 1994–2024 · leading case: People v. Shirley M., 860 N.E.2d 353 (Ill. App. Ct. 2006).
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People v. Shirley M., 860 N.E.2d 353 (Ill. App. Ct. 2006). · cites it 3× “Respondent's appointed public defender, William Conroy, argued that respondent's attendance at the hearing was required under section 3-806 of the Mental Health and Developmental Disabilities Code (Code) (405 ILCS 5/3-806 (West 2004)). Further, Conroy argued that under section…”
People v. Frances K., 749 N.E.2d 1082 (Ill. App. Ct. 2001). · cites it 3× “405 ILCS 5/3-806(b) (West 1998). According to the precise terms of the statute, "[n]o inference may be drawn from the recipient's non-attendance.”
People v. Michelle J., 808 N.E.2d 987 (Ill. 2004). “A written waiver of Sam's right to be present at the hearing was filed by his attorney (405 ILCS 5/3-806 (West 2000)). The validity of that waiver was not challenged, and the matter went forward in Sam's absence.”
In Re Ce, 641 N.E.2d 345 (Ill. 1994). “1 proceedings, actual attendance of the mental health recipient and his counsel is required at the trial court's hearing to decide whether a mental health recipient should be subjected to involuntary administration of psychotropic medication.”
In re Christine R., 2019 IL App (3d) 180264 (Ill. App. Ct. 2019). · cites it 3× “¶ 19 Section 3-806 of the Mental Health and Developmental Disabilities Code (Mental Health Code) (405 ILCS 5/3-806 (West 2018)) affords a respondent the right to be present at any proceedings.”
People v. Olsson, 2015 IL App (2d) 140955 (Ill. App. Ct. 2015). · cites it 2× “¶ 27 Finally, we note that the State argues for the first time on appeal that section 3-806 of the Mental Health Code (405 ILCS 5/3-806 (West 2012)) applied to the proceedings at issue.”
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)).”
People v. Olsson, 2015 IL App (2d) 140955 (Ill. App. Ct. 2015). · cites it 2× “¶ 27 Finally, we note that the State argues for the first time on appeal that section 3-806 of the Mental Health Code (405 ILCS 5/3-806 (West 2012)) applied to the proceedings at issue.”
People v. McClanahan, 703 N.E.2d 127 (Ill. App. Ct. 1998). “" See 405 ILCS 5/3-806(b) (West 1996). In Perona , this court held the foregoing provision in regard to proceeding in the absence of a respondent did not faci­ ally deprive defendant of procedural due process.”
People v. Cook-Williams, 2021 IL App (1st) 200048-U (Ill. App. Ct. 2021). · cites it 4× “” 405 ILCS 5/3-806 (West 2018). ¶ 27 Accordingly, this section of the Mental Health Code affords a defendant the right to be present at any proceedings, with two exceptions: 1) defendant’s counsel waives his or her presence and there is a clear showing to the court that the…”
In re Shirley M. (Ill. App. Ct. 2006). · cites it 3× “Respondent's appointed public defender, William Conroy, argued that respondent's attendance at the hearing was required under section 3-806 of the Mental Health and Developmental Disabilities Code (Code) (405 ILCS 5/3-806 (West 2004)). Fur- ther, Conroy argued that under section…”
In re Perona (Ill. App. Ct. 1998). · cites it 3× “_________________________________________________________________ PRESIDING JUSTICE GARMAN delivered the opinion of the court: In March 1997, respondent Bruce Perona was invol­un­tari­ly re­com­mit­ted to Zeller Men­tal Health Center (Zeller) after a hear­ing in absentia…”
Show all 14 citing cases →
— 405 ILCS 5/3-806(a) — 5 cases
People v. Shirley M., 860 N.E.2d 353 (Ill. App. Ct. 2006). “Respondent's appointed public defender, William Conroy, argued that respondent's attendance at the hearing was required under section 3-806 of the Mental Health and Developmental Disabilities Code (Code) (405 ILCS 5/3-806 (West 2004)). Further, Conroy argued that under section…”
In re Christine R., 2019 IL App (3d) 180264 (Ill. App. Ct. 2019). “¶ 19 Section 3-806 of the Mental Health and Developmental Disabilities Code (Mental Health Code) (405 ILCS 5/3-806 (West 2018)) affords a respondent the right to be present at any proceedings.”
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 Shirley M. (Ill. App. Ct. 2006). “Respondent's appointed public defender, William Conroy, argued that respondent's attendance at the hearing was required under section 3-806 of the Mental Health and Developmental Disabilities Code (Code) (405 ILCS 5/3-806 (West 2004)). Fur- ther, Conroy argued that under section…”
In re Karen E. (Ill. App. Ct. 2011).
— 405 ILCS 5/3-806(b) — 6 cases
People v. Shirley M., 860 N.E.2d 353 (Ill. App. Ct. 2006). “Respondent's appointed public defender, William Conroy, argued that respondent's attendance at the hearing was required under section 3-806 of the Mental Health and Developmental Disabilities Code (Code) (405 ILCS 5/3-806 (West 2004)). Further, Conroy argued that under section…”
People v. Frances K., 749 N.E.2d 1082 (Ill. App. Ct. 2001). “405 ILCS 5/3-806(b) (West 1998). According to the precise terms of the statute, "[n]o inference may be drawn from the recipient's non-attendance.”
People v. McClanahan, 703 N.E.2d 127 (Ill. App. Ct. 1998). “" See 405 ILCS 5/3-806(b) (West 1996). In Perona , this court held the foregoing provision in regard to proceeding in the absence of a respondent did not faci­ ally deprive defendant of procedural due process.”
People v. Cook-Williams, 2021 IL App (1st) 200048-U (Ill. App. Ct. 2021). “” 405 ILCS 5/3-806 (West 2018). ¶ 27 Accordingly, this section of the Mental Health Code affords a defendant the right to be present at any proceedings, with two exceptions: 1) defendant’s counsel waives his or her presence and there is a clear showing to the court that the…”
In re Shirley M. (Ill. App. Ct. 2006). “Respondent's appointed public defender, William Conroy, argued that respondent's attendance at the hearing was required under section 3-806 of the Mental Health and Developmental Disabilities Code (Code) (405 ILCS 5/3-806 (West 2004)). Fur- ther, Conroy argued that under section…”
— 405 ILCS 5/3-806(c) — 1 case
People v. Frances K., 749 N.E.2d 1082 (Ill. App. Ct. 2001). “405 ILCS 5/3-806(b) (West 1998). According to the precise terms of the statute, "[n]o inference may be drawn from the recipient's non-attendance.”
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