405 ILCS 5/1-119
"Person subject to involuntary admission on an inpatient basis" means: (1) A person with mental illness who because of his or her illness is reasonably expected, unless treated on an inpatient basis, to engage in conduct placing such person or another in physical harm or in reasonable expectation of being physically harmed; (2) A person with mental illness who because of his or her illness is unable to provide for his or her basic physical needs so as to guard himself or herself from serious harm without the assistance of family or others, unless treated on an inpatient basis; or (3) A person with mental illness who: (i) refuses treatment or is not adhering adequately to prescribed treatment; (ii) because of the nature of his or her illness, is unable to understand his or her need for treatment; and (iii) if not treated on an inpatient basis, is reasonably expected, based on his or her behavioral history, to suffer mental or emotional deterioration and is reasonably expected, after such deterioration, to meet the criteria of either paragraph (1) or paragraph (2) of this Section
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(405 ILCS 5/1-119)
(from Ch. 91 1/2, par. 1-119)
Sec. 1-119. "Person subject to involuntary admission on an inpatient basis" means:
(1) A person with mental illness who because of his | or her illness is reasonably expected, unless treated on an inpatient basis, to engage in conduct placing such person or another in physical harm or in reasonable expectation of being physically harmed; |
(2) A person with mental illness who because of his | or her illness is unable to provide for his or her basic physical needs so as to guard himself or herself from serious harm without the assistance of family or others, unless treated on an inpatient basis; or |
(3) A person with mental illness who: (i) refuses treatment or is not adhering | adequately to prescribed treatment; |
(ii) because of the nature of his or her illness, | is unable to understand his or her need for treatment; and |
(iii) if not treated on an inpatient basis, is | reasonably expected, based on his or her behavioral history, to suffer mental or emotional deterioration and is reasonably expected, after such deterioration, to meet the criteria of either paragraph (1) or paragraph (2) of this Section. |
In determining whether a person meets the criteria specified in paragraph
(1), (2), or (3), the court may consider evidence of the person's repeated past pattern
of specific behavior
and actions related to the
person's illness.
(Source: P.A. 95-602, eff. 6-1-08; 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
Notes of Decisions
Cited in 56
cases (5 in the last 5 years), 1994–2025 · leading case: People v. Alaka W.
People v. Alaka W. (2008)
“" 405 ILCS 5/1-119 (West 2006). The State's petition to commit Alaka alleged only that she was "unable to provide for * * * her basic physical needs so as to guard * * * herself from serious harm.”
People v. Lillie M. (2007)
“405 ILCS 5/1-119 (West 2004). Similarly, the court is not required to wait until actual harm results before hospitalization is warranted.”
People v. Bryson (2018)
“If that person, as a result of his or her mental disorder, is "reasonably expected at the *819 *374 time the determination is being made or within a reasonable time thereafter to intentionally or unintentionally physically injure himself [or herself] or other persons, or is…”
People v. Robert F. (2009)
“The petitioner alleged respondent was a person subject to continued involuntary admission because (1) due to his mental illness, he was reasonably expected to engage in dangerous conduct (405 ILCS 5/1-119(1) (West 2008)) and (2) the nature of his mental illness prevented him…”
People v. Jakush (2000)
“Justice STEIGMANN delivered the opinion of the court: In March 1999, the trial court involuntarily admitted respondent, Judith Jakush, to Zeller Mental Health Center (Zeller) in *787 Peoria, pursuant to section 1-119(2) of the Mental Health and Developmental Disabilities Code…”
In Re OC (2003)
“The State claims respondent's involuntary commitment was proper because his verbal outbursts are dangerous and harm is reasonably likely to occur.”
People v. Lisa G.C. (2007)
“" 405 ILCS 5/1-119(1) (West 2004). The standard of review for an involuntary-commitment proceeding is whether the judgment is against the manifest weight of the evidence.”
In Re Joseph M. (2010)
“The Mental Health Code requires separate proceedings to authorize an involuntary admission and the involuntary administration of psychotropic medication, and orders authorizing these types of treatment must be supported by different sets of findings.”
People v. Shirley M. (2006)
“Clear and Convincing Evidence of Involuntary Admission A person may be involuntarily admitted if it is established by clear and convincing evidence (405 ILCS 5/3-808 (West 2004)) that the person has a mental illness and "because of his or her illness is unable to provide for his…”
In re James W. (2014)
“Two of these criteria were based on outdated statutory language from section 1-119 of the Code (405 ILCS 5/1-119 (West 2008)). The first and third criteria involved “dangerous conduct,” a statutory standard found unconstitutional in In re Torski C.”
People v. Robin C. (2008)
“" 405 ILCS 5/1-119(1) (West 2006). "Proof of mental illness alone is not sufficient to support involuntary admission.”
In re Sharon H. (2016)
“' " 405 ILCS 5/1-119(1), (2) (West 2012). Even without Delores' testimony, Dr.”
— 405 ILCS 5/1-119(1) — 24 cases
People v. Alaka W. (2008)
“" 405 ILCS 5/1-119 (West 2006). The State's petition to commit Alaka alleged only that she was "unable to provide for * * * her basic physical needs so as to guard * * * herself from serious harm.”
People v. Lisa G.C. (2007)
“" 405 ILCS 5/1-119(1) (West 2004). The standard of review for an involuntary-commitment proceeding is whether the judgment is against the manifest weight of the evidence.”
People v. Bryson (2018)
“If that person, as a result of his or her mental disorder, is "reasonably expected at the *819 *374 time the determination is being made or within a reasonable time thereafter to intentionally or unintentionally physically injure himself [or herself] or other persons, or is…”
People v. Robin C. (2008)
“" 405 ILCS 5/1-119(1) (West 2006). "Proof of mental illness alone is not sufficient to support involuntary admission.”
In re Sharon H. (2016)
“' " 405 ILCS 5/1-119(1), (2) (West 2012). Even without Delores' testimony, Dr.”
— 405 ILCS 5/1-119(2) — 13 cases
People v. Lillie M. (2007)
“405 ILCS 5/1-119 (West 2004). Similarly, the court is not required to wait until actual harm results before hospitalization is warranted.”
People v. Jakush (2000)
“Justice STEIGMANN delivered the opinion of the court: In March 1999, the trial court involuntarily admitted respondent, Judith Jakush, to Zeller Mental Health Center (Zeller) in *787 Peoria, pursuant to section 1-119(2) of the Mental Health and Developmental Disabilities Code…”
People v. Alaka W. (2008)
“" 405 ILCS 5/1-119 (West 2006). The State's petition to commit Alaka alleged only that she was "unable to provide for * * * her basic physical needs so as to guard * * * herself from serious harm.”
People v. Shirley M. (2006)
“Clear and Convincing Evidence of Involuntary Admission A person may be involuntarily admitted if it is established by clear and convincing evidence (405 ILCS 5/3-808 (West 2004)) that the person has a mental illness and "because of his or her illness is unable to provide for his…”
People v. Winters (1994)
— 405 ILCS 5/1-119(3) — 9 cases
People v. Robert F. (2009)
“The petitioner alleged respondent was a person subject to continued involuntary admission because (1) due to his mental illness, he was reasonably expected to engage in dangerous conduct (405 ILCS 5/1-119(1) (West 2008)) and (2) the nature of his mental illness prevented him…”
People v. Bryson (2018)
“If that person, as a result of his or her mental disorder, is "reasonably expected at the *819 *374 time the determination is being made or within a reasonable time thereafter to intentionally or unintentionally physically injure himself [or herself] or other persons, or is…”
In re Carolyn J.S. (2024)
In re Daniel K. (2013)
People v. Bryson (2019)
— 405 ILCS 5/1-119(a)(1) — 1 case
People v. Zerbst (2024)
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