People Ex Rel. Department of Mental Health v. St. Clair Clement

Mr. JUSTICE. McNAMARÁ

delivered the opinion of the. court:

We are asked to decide whether under Illinois statute the , Illinois Department of Mental Health has the authority to change the status of a patient from voluntary to involuntary through commitment proceedings absent a request by the patient to leave the hospital.

Section 5 — 3 of the Mental Health Code (Ill. Rev. Stat. 1973, ch. 91%, par. 5 — 3), dealing with procedures for the commitment of a voluntary patient, provides as follows:

“Each voluntary admittee shall be allowed to leave the hospital within 5 days, excluding Saturdays,…