ILCS » Chapter 405 · Act 5
Illinois Compiled Statutes

405 ILCS 5/1-114 (2026)

"Mental health facility" means any licensed private hospital, institution, or facility or section thereof, and any facility, or section thereof, operated by the State or a political subdivision thereof for the treatment of persons with mental illness and includes all hospitals, institutions, clinics, evaluation facilities, and mental health centers which provide treatment for such persons

✓ current as of May 2026
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(405 ILCS 5/1-114) (from Ch. 91 1/2, par. 1-114)
    Sec. 1-114. "Mental health facility" means any licensed private hospital, institution, or facility or section thereof, and any facility, or section thereof, operated by the State or a political subdivision thereof for the treatment of persons with mental illness and includes all hospitals, institutions, clinics, evaluation facilities, and mental health centers which provide treatment for such persons.
(Source: P.A. 88-380.)

    
Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 1998–2022 · leading case: People v. Linda B. (In Re Linda B.), 2017 IL 119392 (Ill. 2017).
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People v. Linda B. (In Re Linda B.), 2017 IL 119392 (Ill. 2017). · cites it 4× “" 4 405 ILCS 5/1-114 (West 2012). ¶ 23 Section 3-601(a) of the Mental Health Code provides: "When a person is asserted to be subject to involuntary admission on an inpatient basis and in such a condition that immediate hospitalization is necessary for the protection of such…”
In re Linda B., 2017 IL 119392 (Ill. 2018). · cites it 4× “”4 405 ILCS 5/1-114 (West 2012). ¶ 23 Section 3-601(a) of the Mental Health Code provides: “When a person is asserted to be subject to involuntary admission on an inpatient basis and in such a condition that immediate hospitalization is necessary for the protection of such…”
Jinkins v. Lee, 785 N.E.2d 914 (Ill. App. Ct. 2003). “Our conclusion in this regard is supported by the provisions of the Mental Health Code authorizing involuntary commitments to mental health facilities (see 405 ILCS 5/X-XXX-XXX (West 1996)) which are defined as " any licensed private hospital, institution, or facility or section…”
In re Linda B., 2015 IL App (1st) 132134 (Ill. App. Ct. 2015). “" 405 ILCS 5/1-114 (West 2012). ¶ 22 Correspondingly, the Mental Health Code defines "licensed private hospital" as "any privately owned home, hospital, or institution, or any section thereof which is licensed by the Department of Public Health and which provides treatment for…”
Gibbons v. OSF Healthcare Sys., 2022 IL App (2d) 210038 (Ill. App. Ct. 2022). “” 405 ILCS 5/1-114 (West 2014). - 12 - 2022 IL App (2d) 210038 “As soon as possible but not later than 24 hours, excluding Saturdays, Sundays and holidays, after admission of a [patient] pursuant to this Article, the [patient] shall be examined by a psychiatrist.”
In re Linda B., 2015 IL App (1st) 132134 (Ill. App. Ct. 2015). “” 405 ILCS 5/1-114 (West 2012). ¶ 22 Correspondingly, the Mental Health Code defines “licensed private hospital” as “any privately owned home, hospital, or institution, or any section thereof which is licensed by the Department of Public Health and which provides treatment for…”
In re Commitment of Hans T., 2021 IL App (2d) 180387 (Ill. App. Ct. 2021). “” 405 ILCS 5/1-114 (West 2018). “Licensed private hospital” means “any privately owned home, hospital, or institution, or any section thereof which is licensed by the Department of Public Health and which provides treatment for persons with mental illness.”
In re Guardianship of Muellner (Ill. App. Ct. 2002). “Section 1-114 of the Mental Health Code (405 ILCS 5/1-114 (West 2000)) defines "mental health facility" as: "any licensed private hospital, institution, or facility or section thereof, and any facility, or section thereof, operated by the State or a political subdivision thereof…”
Jinkins v. Lee (Ill. App. Ct. 2003). “) 405 ILCS 5/1-114 (West 1996). Third, the Kilcoyne court held that the duties owed by State-employed health care professionals in determining whether to institutionalize a patient do not "equate with those duties generally owed to patients by their doctors.”
In re Moore (Ill. App. Ct. 1998). “"Licensed private hospital" is defined as: "[A]ny privately owned home, hospital, or institution, or any section thereof which is licensed by the Department of Public Health and which provides treatment for persons with mental illness.”
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