Illinois Compiled Statutes
405 ILCS 5/3-813 (2026)
(a) An initial order for commitment on an inpatient basis shall be for a period not to exceed 90 days
✓ current as of May 2026
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(405 ILCS 5/3-813)
(from Ch. 91 1/2, par. 3-813) Sec. 3-813. (a) An initial order for commitment on an inpatient basis shall be for a
period not to exceed 90 days. Prior to the expiration of the
initial order
if the facility director believes that the recipient continues to be
subject to involuntary admission on an inpatient or outpatient basis, a new petition and 2 new certificates may
be filed with the court. If a petition is filed, the facility director
shall file with the court a current treatment plan which includes an
evaluation of the recipient's progress and the extent to which he is
benefiting from treatment. If no petition is filed prior to the expiration
of the initial order, the recipient shall be discharged. Following a hearing,
the court may order a second period of commitment on an inpatient basis not to exceed 90
days only if it finds that the recipient continues to be subject to
involuntary admission on an inpatient basis. If, following a hearing, the court determines that
the respondent is subject to involuntary admission on an outpatient basis as provided in Section
3-812, the court may order the respondent committed on an outpatient basis for a
period not to exceed 180 days. (a-1) An initial order of commitment on an outpatient basis shall be for a period not to
exceed 180 days. Prior to the expiration of the initial order, if the facility director or the custodian
believes that the recipient continues to be subject to involuntary admission on an outpatient basis,
a new petition and 2 new certificates may be filed with the court. If a petition is filed, the facility
director or the custodian shall file with the court a current treatment plan which includes an
evaluation of the recipient's progress and the extent to which he or she is benefiting from treatment. If
no petition is filed prior to the expiration of the initial order, the recipient shall be discharged.
Following a hearing, the court may order a second period of commitment on an outpatient basis
not to exceed 180 days only if it finds that the recipient continues to be subject to involuntary
admission on an outpatient basis. (b) Additional 180 day periods of inpatient or outpatient commitment may be sought pursuant to
the procedures set out in this Section for so long as the recipient continues
to meet the standard for such commitment. The provisions of this chapter which
apply whenever an initial order is sought shall apply whenever an
additional period of inpatient or outpatient commitment is sought.(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
Notes of Decisions
Cited in 39
cases (2 in the last 5 years), 1994–2026 · leading case: People v. Michelle J., 808 N.E.2d 987 (Ill. 2004).
People v. Michelle J., 808 N.E.2d 987 (Ill. 2004). “In July of 2001, the State filed a petition pursuant to section 3-813 of the Code (405 ILCS 5/3-813 (West 2000)) to extend Sam's involuntary admission for an additional period.”
In re James W., 2014 IL 114483 (Ill. 2014). “’s most recent involuntary commitment order was about to expire, David Dunker, director of the Chester facility, filed a petition in circuit court pursuant to section 3-813 of the Mental Health Code (405 ILCS 5/3-813 (West 2010)) alleging that James W.”
In re James W., 2014 IL 114483 (Ill. 2014). “’s most recent involuntary commitment order was about to expire, David Dunker, director of the Chester facility, filed a petition in circuit court pursuant to section 3-813 of the Mental Health Code (405 ILCS 5/3-813 (West 2010)) alleging that James W.”
In re Lance H., 2014 IL 114899 (Ill. 2015). “405 ILCS 5/3-813 (West 2010). Within 12 hours of a person being involuntarily admitted, “the facility director shall give the person a copy of the petition and a clear and concise written statement explaining the person’s legal status and his right to counsel and to a court…”
In re Lance H., 2012 IL App (5th) 110244 (Ill. App. Ct. 2012). “, a patient at Chester Mental Health Center (Chester), continued to be subject to involuntary admission to a mental health facility pursuant to section 3-813 of the Mental Health and Developmental Disabilities Code (the Mental Health Code) (405 ILCS 5/3-813 (West 2010)). On May…”
People v. Robert F., 917 N.E.2d 1201 (Ill. App. Ct. 2009). “On October 10, 2008, respondent's case coordinator filed a petition for continued involuntary admission at McFarland Mental Health Center (McFarland) pursuant to section 3-813 of the Mental Health and Developmental Disabilities Code (Mental Health Code) (405 ILCS 5/3-813 (West…”
People v. Louis S., 838 N.E.2d 218 (Ill. App. Ct. 2005). “See 405 ILCS 5/3-813(a) (West 2004). Here, respondent's 90-day commitment order expired prior to our review.”
In Re Joseph M., 939 N.E.2d 959 (Ill. App. Ct. 2010). “In addition, Joseph has a long history of mental illness and has been subject to multiple petitions for continued involuntary admission.”
People v. Robin C., 898 N.E.2d 689 (Ill. App. Ct. 2008). “The court ordered respondent hospitalized for no more than 90 days.”
People v. Maher, 734 N.E.2d 95 (Ill. App. Ct. 2000). “Respondent does have a history of mental illness, and at least a brief history of prior involuntary hospitalization, so it is reasonable to expect the same action that was taken against him here might be undertaken again.”
People v. Lavold, 635 N.E.2d 919 (Ill. App. Ct. 1994). “) The focus of this provision is not upon the timeliness of the commitment proceeding, but rather upon the ultimate occurrence of the hearing and determination of unfitness.”
In re Linda B., 2015 IL App (1st) 132134 (Ill. App. Ct. 2015). “2d at 349 (citing 405 ILCS 5/3-813 (West 2006)). ¶ 18 Section 3-611 provides in pertinent part: -6- 1-13-2134 "§ 3-611.”
— 405 ILCS 5/3-813(a) — 17 cases
People v. Louis S., 838 N.E.2d 218 (Ill. App. Ct. 2005). “See 405 ILCS 5/3-813(a) (West 2004). Here, respondent's 90-day commitment order expired prior to our review.”
People v. Robin C., 898 N.E.2d 689 (Ill. App. Ct. 2008). “The court ordered respondent hospitalized for no more than 90 days.”
People v. Robert F., 917 N.E.2d 1201 (Ill. App. Ct. 2009). “On October 10, 2008, respondent's case coordinator filed a petition for continued involuntary admission at McFarland Mental Health Center (McFarland) pursuant to section 3-813 of the Mental Health and Developmental Disabilities Code (Mental Health Code) (405 ILCS 5/3-813 (West…”
In re Lance H., 2014 IL 114899 (Ill. 2015). “405 ILCS 5/3-813 (West 2010). Within 12 hours of a person being involuntarily admitted, “the facility director shall give the person a copy of the petition and a clear and concise written statement explaining the person’s legal status and his right to counsel and to a court…”
In re James W., 2014 IL 114483 (Ill. 2014). “’s most recent involuntary commitment order was about to expire, David Dunker, director of the Chester facility, filed a petition in circuit court pursuant to section 3-813 of the Mental Health Code (405 ILCS 5/3-813 (West 2010)) alleging that James W.”
— 405 ILCS 5/3-813(b) — 14 cases
People v. Michelle J., 808 N.E.2d 987 (Ill. 2004). “In July of 2001, the State filed a petition pursuant to section 3-813 of the Code (405 ILCS 5/3-813 (West 2000)) to extend Sam's involuntary admission for an additional period.”
In re James W., 2014 IL 114483 (Ill. 2014). “’s most recent involuntary commitment order was about to expire, David Dunker, director of the Chester facility, filed a petition in circuit court pursuant to section 3-813 of the Mental Health Code (405 ILCS 5/3-813 (West 2010)) alleging that James W.”
In Re Joseph M., 939 N.E.2d 959 (Ill. App. Ct. 2010). “In addition, Joseph has a long history of mental illness and has been subject to multiple petitions for continued involuntary admission.”
In re James W., 2014 IL 114483 (Ill. 2014). “’s most recent involuntary commitment order was about to expire, David Dunker, director of the Chester facility, filed a petition in circuit court pursuant to section 3-813 of the Mental Health Code (405 ILCS 5/3-813 (West 2010)) alleging that James W.”
In re Lance H., 2014 IL 114899 (Ill. 2015). “405 ILCS 5/3-813 (West 2010). Within 12 hours of a person being involuntarily admitted, “the facility director shall give the person a copy of the petition and a clear and concise written statement explaining the person’s legal status and his right to counsel and to a court…”
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