Illinois Compiled Statutes
405 ILCS 5/3-808 (2026)
No respondent may be found subject to involuntary admission on an inpatient or outpatient basis unless that finding has been established by clear and convincing evidence
✓ current as of May 2026
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(405 ILCS 5/3-808)
(from Ch. 91 1/2, par. 3-808) Sec. 3-808. No respondent may be found subject to involuntary admission
on an inpatient or outpatient basis unless that finding has been established by clear and convincing evidence.(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) Notes of Decisions
Cited in 22
cases (1 in the last 5 years), 1993–2021 · leading case: People v. Michelle J., 808 N.E.2d 987 (Ill. 2004).
People v. Michelle J., 808 N.E.2d 987 (Ill. 2004). “It provides: "No respondent may be found subject to involuntary admission unless that finding has been established by clear and convincing evidence." Although respondents' lawyer did not specifically invoke the language of this statute, he clearly argued in the circuit court…”
People v. Winters, 627 N.E.2d 410 (Ill. App. Ct. 1994). “In order to subject the respondent to involuntarily admission, the State must provide by clear and convincing evidence that the respondent is a person who is mentally ill and who, because of her illness, is unable to provide for her basic physical needs, so as to guard herself…”
People v. Lisa G.C., 871 N.E.2d 794 (Ill. App. Ct. 2007). “A person may be involuntarily admitted if it - 13 - is established by clear and convincing evidence (405 ILCS 5/3-808 (West 2004)) that the person has a mental illness and "because of his or her illness is reasonably expected to inflict serious physical harm upon himself or…”
People v. Shirley M., 860 N.E.2d 353 (Ill. App. Ct. 2006). “Because respondent was afforded all of the procedural safeguards contemplated by the statute, respondent's due-process rights were not violated.”
People v. Guzik, 617 N.E.2d 1322 (Ill. App. Ct. 1993). “See 405 ILCS 5/3-808, 5/3-809, 5/3-810, 5/3-811 (West 1992).”
In re Lance H., 2012 IL App (5th) 110244 (Ill. App. Ct. 2012). “405 ILCS 5/3-808 (West 2010) (“No respondent may be found subject to involuntary admission on an inpatient or outpatient basis unless that finding has been established by clear and convincing evidence.”
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 Lance H., 2014 IL 114899 (Ill. 2015). “It requires that a person be found subject to involuntary admission by “clear and convincing evidence” (405 ILCS 5/3-808 (West 2010)); provides for appeal rights and preservation of the record (405 ILCS 5/3-816, 3-817 (West 2010)); and sets requirements for a treatment plan.”
In re: David M., 2013 IL App (4th) 121004 (Ill. App. Ct. 2013). “2d at 1207 (citing 405 ILCS 5/3-808 (West 2008)). Proof of a mental illness, by itself, is insufficient to warrant involuntary admission and, “[t]o meet its burden, the State must submit ‘explicit medical testimony’ that the respondent is reasonably expected to be a serious…”
In Re David B., 857 N.E.2d 755 (Ill. App. Ct. 2006). “Against the Manifest Weight of the Evidence Respondent's second argument is that the trial court's ruling should be reversed because it was against the manifest weight of the evidence.”
In re Avery S., 2012 IL App (5th) 100565 (Ill. App. Ct. 2012). “405 ILCS 5/3-808 (West 2010). The court held that neither the Code nor due process was violated by this procedure.”
In Re El, 736 N.E.2d 1189 (Ill. App. Ct. 2000). “405 ILCS 5/3-808 (West 1996); see In re Cutsinger, 186 Ill.”
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