Illinois Compiled Statutes
405 ILCS 5/3-814 (2026)
Treatment plan
✓ current as of May 2026
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(405 ILCS 5/3-814)
(from Ch. 91 1/2, par. 3-814)
Sec. 3-814.
Treatment plan.
(a) Not more than 30 days after admission under this Article,
the facility director shall file with the court a current treatment plan which
shall include: all the requirements listed in Section 3-209, an evaluation of the recipient's progress and the extent to
which he is benefiting from treatment, the criteria which form the basis for
the determination that the patient is
subject to involuntary admission as defined in Section 1-119, and the specific
behaviors or conditions that demonstrate that the recipient meets these
criteria for continued confinement.
If the facility director is unable to determine any of the required
information, the treatment plan shall include an explanation of why the
facility director is unable to make this determination, what the facility
director is doing to enable himself or herself to determine the information,
and the date by which the facility director expects to be able to make this
determination. The facility director shall forward a copy of the plan to the
State's Attorney, the recipient's attorney, if the recipient is represented by
counsel, the recipient, and any guardian of the recipient.
(b) The purpose of the filing, forwarding, and review of treatment plans
and treatment is to ensure that the recipient is receiving adequate and humane
care and services as defined in Section 1-101.2 and to ensure that the
recipient
continues to meet the standards for involuntary confinement.
(c) On request of the recipient or an interested person on his behalf, or on
the court's own initiative,
the court shall review the current treatment
plan
to determine whether its contents comply with the requirements of this
Section and Section 3-209.
A request to review the current treatment plan may be made by the recipient,
or by an interested person on his behalf, 30 days after initial commitment
under Section 3-813, 90 days after the initial commitment, and 90 days after
each additional period of commitment under subsection (b) of Section 3-813.
If the court determines that any of the information required by this Section
or Section 3-209 to be included in the treatment plan is not in the treatment
plan or that the treatment plan does not contain information from which the
court can determine whether the recipient continues to meet the criteria for
continued confinement, the court shall indicate what is lacking and order the
facility director to revise the current treatment plan to comply with this
Section and Section 3-209.
If the recipient has been ordered committed to the facility after
he has been found not guilty by reason of insanity, the treatment plan and
its review shall be subject to the provisions of Section 5-2-4 of the
Unified Code of Corrections.
(d) The recipient or an interested person on his or her behalf may request
a
hearing or the court on its own motion may order a hearing to review the
treatment being received by the recipient. The court, the recipient, or the
State's Attorney may call witnesses at the hearing.
The court may order any public agency, officer, or
employee to render such information, cooperation, and assistance as is within
its legal authority and as may be appropriate to achieve the objectives
of this Section. The
court may order an independent examination on
its own initiative and shall order such an evaluation if either the recipient
or the State's Attorney so requests and has demonstrated to the court that the
plan cannot be effectively reviewed by the court without such an examination.
Under no circumstances shall the court be required to order an independent
examination pursuant to this Section more than once each year. The examination
shall be conducted by persons authorized to conduct independent examinations
under Section 3-804. If
the court is satisfied that the recipient is benefiting from treatment, it may
continue the original order for the remainder of the admission period. If the
court is not so satisfied, it may modify its original order or
it may order the recipient discharged.
(e) In lieu of a treatment plan, the facility director may file a typed
summary of the treatment plan which contains the information required under
Section 3-209 and subsection (a) of this Section.
(Source: P.A. 91-536, eff. 1-1-00.)
Notes of Decisions
Cited in 10
cases (3 in the last 5 years), 1998–2026 · leading case: People v. Bethke, 2014 IL App (1st) 122502 (Ill. App. Ct. 2014).
People v. Bethke, 2014 IL App (1st) 122502 (Ill. App. Ct. 2014). “But see 405 ILCS 5/3-814(c) (West 2010) (noting that a not-guilty-by-reason-of-insanity defendant’s “treatment plan and its review shall be subject to the provisions of Section 5-2-4”).”
People v. Markwart (Ill. App. Ct. 2001). “730 ILCS 5/5-2-4(a) (West 1996). This section provides detailed directions about the process of commitment in such cases, the reporting requirements of the treatment facility, and the rights to and procedures for review of certain aspects of a defendant's confinement.”
People v. Bethke, 2014 IL App (1st) 122502 (Ill. App. Ct. 2014). “But see 405 ILCS 5/3-814(c) (West 2010) (noting that a not-guilty-by-reason-of-insanity defendant's "treatment plan and its review shall be subject to the provisions of Section 5-2-4").”
In re Evelyn S. (Ill. App. Ct. 2003). “405 ILCS 5/3-814(a) (West 2000); cf. 725 ILCS 5/104-17(e) (West 2000).”
Nadzhafaliyev v. Dyslin (N.D. Ill. 2021). “405 ILCS 5/3-814(c), (d). Evidence in the record indicates that Plaintiff unsuccessfully petitioned for discharge from Elgin on two separate occasions.”
In re Christian K., 2026 IL App (4th) 250560-U (Ill. App. Ct. 2026). “One checkbox stated, “The Facility Director of the named facility where the Respondent is to be hospitalized/receive treatment shall file a treatment plan with this Court as required by 405 ILCS 5/3-814 within 30 days of the date of this Order.”
In re Carly S., 2026 IL App (4th) 251114-U (Ill. App. Ct. 2026). “” 405 ILCS 5/3-814(a) (West 2024). The purpose of requiring a treatment plan is “to ensure that the recipient is receiving adequate and humane care and services *** and to ensure that the recipient continues to meet the standards for involuntary confinement.”
People v. Bethke, 2014 IL App (1st) 122502 (Ill. App. Ct. 2014). “But see 405 ILCS 5/3-814(c) (West 2010) (noting that a not-guilty-by-reason-of-insanity defendant's "treatment plan and its review shall be subject to the provisions of Section 5-2-4").”
C. J. v. Dept. of Mental Health & Developmental Disabilities (Ill. App. Ct. 1998). “" 405 ILCS 5/3-814 (West 1994). Section 5-2-4 of the Unified Code of Corrections states, in relevant part: "The defendant shall be placed in a secure setting unless the Court determines that there are compelling reasons why such placement is not necessary.”
People v. Stevens (Ill. App. Ct. 2000). “Defendant asserts in his motion that identity "was the primary, if not the sole issue at trial." We disagree.”
— 405 ILCS 5/3-814(a) — 2 cases
In re Carly S., 2026 IL App (4th) 251114-U (Ill. App. Ct. 2026). “” 405 ILCS 5/3-814(a) (West 2024). The purpose of requiring a treatment plan is “to ensure that the recipient is receiving adequate and humane care and services *** and to ensure that the recipient continues to meet the standards for involuntary confinement.”
In re Evelyn S. (Ill. App. Ct. 2003). “405 ILCS 5/3-814(a) (West 2000); cf. 725 ILCS 5/104-17(e) (West 2000).”
— 405 ILCS 5/3-814(b) — 2 cases
In re Evelyn S. (Ill. App. Ct. 2003). “405 ILCS 5/3-814(a) (West 2000); cf. 725 ILCS 5/104-17(e) (West 2000).”
People v. Markwart (Ill. App. Ct. 2001). “730 ILCS 5/5-2-4(a) (West 1996). This section provides detailed directions about the process of commitment in such cases, the reporting requirements of the treatment facility, and the rights to and procedures for review of certain aspects of a defendant's confinement.”
— 405 ILCS 5/3-814(c) — 5 cases
People v. Bethke, 2014 IL App (1st) 122502 (Ill. App. Ct. 2014). “But see 405 ILCS 5/3-814(c) (West 2010) (noting that a not-guilty-by-reason-of-insanity defendant’s “treatment plan and its review shall be subject to the provisions of Section 5-2-4”).”
People v. Markwart (Ill. App. Ct. 2001). “730 ILCS 5/5-2-4(a) (West 1996). This section provides detailed directions about the process of commitment in such cases, the reporting requirements of the treatment facility, and the rights to and procedures for review of certain aspects of a defendant's confinement.”
People v. Bethke, 2014 IL App (1st) 122502 (Ill. App. Ct. 2014). “But see 405 ILCS 5/3-814(c) (West 2010) (noting that a not-guilty-by-reason-of-insanity defendant's "treatment plan and its review shall be subject to the provisions of Section 5-2-4").”
Nadzhafaliyev v. Dyslin (N.D. Ill. 2021). “405 ILCS 5/3-814(c), (d). Evidence in the record indicates that Plaintiff unsuccessfully petitioned for discharge from Elgin on two separate occasions.”
People v. Bethke, 2014 IL App (1st) 122502 (Ill. App. Ct. 2014). “But see 405 ILCS 5/3-814(c) (West 2010) (noting that a not-guilty-by-reason-of-insanity defendant's "treatment plan and its review shall be subject to the provisions of Section 5-2-4").”
— 405 ILCS 5/3-814(d) — 1 case
People v. Markwart (Ill. App. Ct. 2001). “730 ILCS 5/5-2-4(a) (West 1996). This section provides detailed directions about the process of commitment in such cases, the reporting requirements of the treatment facility, and the rights to and procedures for review of certain aspects of a defendant's confinement.”
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