{
  "id": 2627595,
  "name": "In re VERNON J. VANCIL, Asserted to be a Person Subject to Involuntary Admission (The People of the State of Illinois, Petitioner-Appellee, v. Vernon J. Vancil, Respondent-Appellant)",
  "name_abbreviation": "People v. Vancil",
  "decision_date": "1989-05-18",
  "docket_number": "No. 3\u201488\u20140623",
  "first_page": "204",
  "last_page": "206",
  "citations": [
    {
      "type": "official",
      "cite": "183 Ill. App. 3d 204"
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  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
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      "reporter": "Ill. App. 3d",
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      "cite": "496 N.E.2d 497",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "year": 1986,
      "opinion_index": 0
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    {
      "cite": "145 Ill. App. 3d 1002",
      "category": "reporters:state",
      "reporter": "Ill. App. 3d",
      "case_ids": [
        3535302
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      "year": 1986,
      "opinion_index": 0,
      "case_paths": [
        "/ill-app-3d/145/1002-01"
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  "last_updated": "2023-07-14T17:15:47.196010+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "In re VERNON J. VANCIL, Asserted to be a Person Subject to Involuntary Admission (The People of the State of Illinois, Petitioner-Appellee, v. Vernon J. Vancil, Respondent-Appellant)."
    ],
    "opinions": [
      {
        "text": "JUSTICE STOUDER\ndelivered the opinion of the court:\nThe respondent, Vernon J. Vancil, was involuntarily committed to a mental health hospital (Ill. Rev. Stat. 1987, ch. 911/2, par. 1 \u2014 119). The trial court subsequently found that the respondent was still subject to involuntary admission and entered an order continuing his hospitalization in the Department of Mental Health and Developmental Disabilities. The respondent appeals, arguing among other things that the petition for continuation of his involuntary admission was not timely filed.\nThe record shows that on June 16, 1988, the trial court initially found that the respondent was subject to involuntary admission and ordered him hospitalized. On August 22, 1988, the State filed the second petition to involuntarily admit the respondent.\nSection 3 \u2014 813(a) of the Mental Health and Developmental Disabilities Code (the Code) (Ill. Rev. Stat. 1987, ch. 911/2, par. 3 \u2014 813(a)) provides that an initial hospitalization order expires no later than 60 days after its entry, unless a timely petition is filed within the 60-day period. If no petition is filed prior to the expiration of the initial order, the statute requires that the patient be discharged. Ill. Rev. Stat. 1987, ch. 911/2, par. 3-813(a).\nHere, the initial order for hospitalization was filed June 16, 1988. The second petition was not filed until August 22, 1988. The respondent was still in the hospital despite the expiration of the 60-day period. Nonetheless, the State argues that because the petition filed on August 22 satisfied all the requirements of a section 3 \u2014 701(a) initial commitment petition (Ill. Rev. Stat. 1987, ch. 911/2, par. 3 \u2014 701(a)), the second petition should be viewed as a petition for initial involuntary admission even though the respondent had not been released.\nWe find no merit in this argument. The trial court treated the proceeding on the August 22 petition as an action for continuation of hospitalization. The mandatory requirement that the respondent be discharged if a section 3 \u2014 813(a) petition is not timely filed cannot be circumvented by utilizing other sections of the Code. Protection of the rights of persons who may be entitled to discharge requires adherence to the statutory provisions enacted for that purpose. (In re Smith (1986), 145 Ill. App. 3d 1002, 496 N.E.2d 497.) Unambiguous statutory involuntary commitment procedures affecting liberty interests will be strictly enforced. In re Macedo (1986), 150 Ill. App. 3d 673, 502 N.E.2d 72.\nThe unambiguous statutory provisions were not followed in this case. We therefore reverse the trial court\u2019s order of August 31, 1988, continuing the respondent\u2019s involuntary hospitalization. Our decision renders moot the remaining issues raised by the respondent..\nThe judgment of the circuit court of Peoria County is reversed.\nReversed.\nBARRY andHEIPLE, JJ., concur.",
        "type": "majority",
        "author": "JUSTICE STOUDER"
      }
    ],
    "attorneys": [
      "Cynthia Z. Tracy, of Guardianship & Advocacy Commission, of Peoria, for appellant.",
      "John A. Barra, State\u2019s Attorney, of Peoria (Vicki L. Seidl, of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People."
    ],
    "corrections": "",
    "head_matter": "In re VERNON J. VANCIL, Asserted to be a Person Subject to Involuntary Admission (The People of the State of Illinois, Petitioner-Appellee, v. Vernon J. Vancil, Respondent-Appellant).\nThird District\nNo. 3\u201488\u20140623\nOpinion filed May 18, 1989.\nCynthia Z. Tracy, of Guardianship & Advocacy Commission, of Peoria, for appellant.\nJohn A. Barra, State\u2019s Attorney, of Peoria (Vicki L. Seidl, of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People."
  },
  "file_name": "0204-01",
  "first_page_order": 226,
  "last_page_order": 228
}