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Illinois Compiled Statutes

405 ILCS 5/3-807 (2026)

No respondent may be found subject to involuntary admission on an inpatient or outpatient basis unless at least one psychiatrist, clinical social worker, clinical psychologist, advanced practice psychiatric nurse, or qualified examiner who has examined the respondent testifies in person at the hearing

✓ current as of May 2026
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(405 ILCS 5/3-807) (from Ch. 91 1/2, par. 3-807)
    Sec. 3-807. No respondent may be found subject to involuntary admission on an inpatient or outpatient basis unless at least one psychiatrist, clinical social worker, clinical psychologist, advanced practice psychiatric nurse, or qualified examiner who has examined the respondent testifies in person at the hearing. The respondent may waive the requirement of the testimony subject to the approval of the court.
(Source: P.A. 101-587, eff. 1-1-20.)

    
Notes of Decisions
Cited in 25 cases (1 in the last 5 years), 2003–2021 · leading case: People v. Michelle J., 808 N.E.2d 987 (Ill. 2004).
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People v. Michelle J., 808 N.E.2d 987 (Ill. 2004). · cites it 6× “The cases were heard on the same day by the same trial judge. In each instance, the court rejected challenges by the respondents' counsel that the State had failed to comply with section 3-807 of the Code (405 ILCS 5/3-807 (West 2000)), which requires that certain testimony be…”
People v. Alaka W., 884 N.E.2d 241 (Ill. App. Ct. 2008). · cites it 2× “" 405 ILCS 5/3-807 (West 2006). First, the parties dispute the appropriate standard of review.”
In Re David B., 857 N.E.2d 755 (Ill. App. Ct. 2006). · cites it 5× “Analysis Respondent now appeals the latest order for involuntary admission, arguing that the State failed to have him examined pursuant the Mental Health and Developmental Disabilities Code (Code) (405 ILCS 5/3-807 (West 2000)), despite his continuing failure to cooperate or…”
In Re Joseph M., 939 N.E.2d 959 (Ill. App. Ct. 2010). “2d at 41 ; see also 405 ILCS 5/3-807 (West 2008) (providing that a respondent may be found subject to involuntary admission only if "at least one psychiatrist, clinical social worker, or clinical psychologist who has examined him testifies in person at the hearing" (emphasis…”
People v. Shirley M., 860 N.E.2d 353 (Ill. App. Ct. 2006). “Section 3-807 Respondent argues section 3-807 of the Code was also violated. Under section 3-807, in order to involuntarily admit someone, at least one psychiatrist, clinical social worker, or clinical psychologist who has examined the person subject to the involuntary admission…”
People v. Bryson, 2018 IL App (4th) 170771 (Ill. App. Ct. 2018). “More importantly, section 3-807 of the Mental Health Code specifically states, "[n]o respondent [in an involuntary commitment proceeding] may be found subject to involuntary admission on an inpatient or outpatient basis unless at least one psychiatrist, clinical social worker,…”
In re Avery S., 2012 IL App (5th) 100565 (Ill. App. Ct. 2012). · cites it 3× “) 405 ILCS 5/3-807 (West 2010). The court noted that the respondent had not waived other requirements of the Code, such as -5- the requirement that the State prove its case by clear and convincing evidence.”
People v. Johnson, 965 N.E.2d 602 (Ill. App. Ct. 2012). · cites it 5× “Thus, the defendant cannot be found subject to involuntary commitment without the testimony of at least one psychiatrist, clinical psychologist, or clinical social worker who has actually examined him.”
In re Tara S., 2017 IL App (3d) 160357 (Ill. App. Ct. 2017). · cites it 2× “) 405 ILCS 5/3-807 (West 2016). ¶ 22 We note that the State has confessed error with regard to this issue.”
In Re Sharon LN, 859 N.E.2d 627 (Ill. App. Ct. 2006). · cites it 2× “Respondent appeals, arguing that (1) no clear and convincing evidence warranted involuntary admission, particularly the State's expert testimony failed to satisfy section 3-807 (405 ILCS 5/3-807 (West 2004)), and (2) procedural deficiencies violated sections 3-601 and 3-701 of…”
In re Tara S., 2017 IL App (3d) 160357 (Ill. App. Ct. 2017). · cites it 2× “) 405 ILCS 5/3-807 (West 2016). ¶ 22 We note that the State has confessed error with regard to this issue.”
People v. Olsson, 2016 IL App (2d) 150874 (Ill. App. Ct. 2016). “On appeal from the court’s order finding him to be subject to involuntary admission, the respondent complained that, in violation of section 3-807 of the Mental Health and Developmental Disabilities Code (405 ILCS 5/3-807 (West 2000)), the social worker who testified at the…”
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