ILCS » Chapter 405 · Act 5
Illinois Compiled Statutes

405 ILCS 5/1-100 (2026)

This Act shall be known and may be cited as the "Mental Health and Developmental Disabilities Code"

✓ current as of May 2026
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(405 ILCS 5/1-100) (from Ch. 91 1/2, par. 1-100)
    Sec. 1-100. This Act shall be known and may be cited as the "Mental Health and Developmental Disabilities Code".
(Source: P.A. 80-1414.)

    
Notes of Decisions
Cited in 102 cases (26 in the last 5 years), 1994–2026 · leading case: In Re Det. of Samuelson, 727 N.E.2d 228 (Ill. 2000).
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In Re Det. of Samuelson, 727 N.E.2d 228 (Ill. 2000). · cites it 2× “Before our court, his principal contention appears to be that the law is invalid because it does not afford defendants the same rights available to defendants in criminal cases or to persons facing involuntary admission to a mental health facility pursuant to the Mental Health…”
People v. Lavold, 635 N.E.2d 919 (Ill. App. Ct. 1994). · cites it 3× “Here, the trial court found that Lavold remained unfit for trial, constituted a serious threat to public safety and was subject to involuntary commitment.”
People v. Michelle J., 808 N.E.2d 987 (Ill. 2004). “Justice RARICK delivered the opinion of the court: Before us are two unrelated cases involving respondents admitted involuntarily to state-operated mental health facilities pursuant to the Mental Health and Developmental Disabilities Code (the Code) (405 ILCS 5/1-100 et seq.…”
People v. Wilson, 2020 IL App (1st) 162430 (Ill. App. Ct. 2020). “See 405 ILCS 5/1-100 et seq. (West 2012). Prior to 2012, section 1-116 defined the term “mental retardation” as “significantly subaverage general intellectual functioning which exists concurrently with impairment in adaptive behavior and which originates before the age of 18…”
People v. Kidd, 675 N.E.2d 910 (Ill. 1996). “Britz further clarified what drugs are psychotropic by adopting the definition found in the Mental Health and Developmental Disabilities Code (405 ILCS 5/1-100 through 6-107 (West 1994)).”
In re Julie M., 2021 IL 125768 (Ill. 2021). “, to a mental health facility pursuant to Chapter III, article VI, of the Mental Health and Developmental Disabilities Code (Mental Health Code) (405 ILCS 5/1-100 et seq. (West 2018)). Id.”
People v. McCullum, 897 N.E.2d 787 (Ill. App. Ct. 2008). “Accordingly, I would (1) reverse the judgment of the trial court, and (2) remand the case to the trial court with directions (a) to enter a judgment of not guilty by reason of insanity, and (b) to hold a hearing, pursuant to the Mental Health and Developmental Disabilities Code…”
People v. Dorothy J.N., 869 N.E.2d 413 (Ill. App. Ct. 2007). “Respondent appeals, arguing (1) the court's decision was against the manifest weight of the evidence and (2) the court's order failed to comply with the Mental Health and Developmental Dis- abilities Code (Mental Health Code) (405 ILCS 5/1-100 through 6- 107 (West 2004)) because…”
In re Marcus S., 2022 IL App (3d) 170014 (Ill. App. Ct. 2022). “Marcus appeals those judgments, arguing that (1) the State’s petitions for involuntary commitment and involuntary treatment were untimely, (2) the State failed to present evidence as to certain essential elements of the involuntary commitment and involuntary medication statutes…”
In Re Joseph M., 939 N.E.2d 959 (Ill. App. Ct. 2010). “However, we do not believe that the Mental Health and Developmental Disabilities Code (Mental Health Code) (405 ILCS 5/1-100 et seq. (West 2008)) contemplates the kind of bootstrapping that occurred in this case.”
In re Lance H., 2014 IL 114899 (Ill. 2015). · cites it 2× “Respondent appealed his involuntary admission, arguing the trial court violated the Mental Health and Developmental Disabilities Code (Mental Health Code) (405 ILCS 5/1-100 (West 2010)) by disregarding his oral request, in testimony, to be voluntarily admitted.”
In re Commitment of Weekly, 2011 IL App (1st) 102276 (Ill. App. Ct. 2011). “” Under the State’s theory, the options available to a respondent raising a fitness issue are (1) being confined at a treatment and detention facility under the Act as a sexually violent person or (2) being confined through an unfitness proceeding, either under the Mental Health…”
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