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IN RE CLEMENT

No. 61923.

34 Ill. App.3d 574 (1975)

340 N.E.2d 217

In re ST. CLAIR CLEMENT. — (THE PEOPLE ex rel. THE DEPARTMENT OF MENTAL HEALTH, Petitioner-Appellee, v. ST. CLAIR CLEMENT, Respondent-Appellant.)

Appellate Court of Illinois — First District (3rd Division).

December 4, 1975.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Anthony Pinelli, Assistant Public Defender, of counsel), for appellant.

Bernard Carey, State's Attorney, of Chicago (Laurence J. Bolon and Michael E. Shabat, Assistant State's Attorneys, of counsel), for appellee.

Order reversed.

Mr. JUSTICE McNAMARA 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 1/2, par. 5-3), dealing with procedures for the...

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