Illinois Compiled Statutes

405 ILCS 5/2-100 (2026)

(a) No recipient of services shall be deprived of any rights, benefits, or privileges guaranteed by law, the Constitution of the State of Illinois, or the Constitution of the United States solely on account of the receipt of such services

✓ current as of May 2026
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(405 ILCS 5/2-100) (from Ch. 91 1/2, par. 2-100)
    Sec. 2-100. (a) No recipient of services shall be deprived of any rights, benefits, or privileges guaranteed by law, the Constitution of the State of Illinois, or the Constitution of the United States solely on account of the receipt of such services.
    (b) A person with a known or suspected mental illness or developmental disability shall not be denied mental health or developmental services because of age, sex, race, religious belief, ethnic origin, marital status, physical or mental disability or criminal record unrelated to present dangerousness.
(Source: P.A. 86-1416.)

    
Notes of Decisions
Cited in 5 cases, 1994–1998 · leading case: In Re Ce, 641 N.E.2d 345 (Ill. 1994).
In Re Ce, 641 N.E.2d 345 (Ill. 1994). “II Generally, under the Mental Health Code (405 ILCS 5/2-100 et seq. (West 1992)), an adult recipient of mental health services or the recipient's guardian has the authority and the right to refuse recommended mental health services, including medication.”
Diane M. Wilson v. Ugo Formigoni, Carlos Deeb & Bruce Wilosinski, 42 F.3d 1060 (7th Cir. 1994). “405 ILCS 5/2-100 provides: *1063 § 2-100(a) No recipient of services [under the Mental Health Code] shall be deprived of any rights benefits, or privileges guaranteed by law, the Constitution of the State of Illinois, or the Constitution of the United States solely on account of…”
Barichello v. Mcdonald, 98 F.3d 948 (7th Cir. 1996). “24 Count IV alleges that Barichello has a liberty interest under 405 ILCS 5/2-100(b), which states "[a] person with a known or suspected mental illness or developmental disability shall not be denied mental health or developmental services because of .”
Barichello v. McDonald, 98 F.3d 948 (7th Cir. 1996). “Count flT alleges that Barichello has a liberty interest under 405 ILCS 5/2-100(b), which states "[a] person with a known or suspected mental illness or developmental disabffity shall not be denied mental health or developmental services because of criminal record unrelated to…”
C. J. v. Dept. of Mental Health & Developmental Disabilities (Ill. App. Ct. 1998). “405 ILCS 5/2-100(b) (West 1994). Plaintiffs allege the Department's refusal to allow the Elgin facility director to consider any NGRI acquittee for an on-grounds pass is based solely on the criminal court convictions of the acquittees and is unrelated to their present…”
— 405 ILCS 5/2-100(b) — 3 cases
Barichello v. Mcdonald, 98 F.3d 948 (7th Cir. 1996). “24 Count IV alleges that Barichello has a liberty interest under 405 ILCS 5/2-100(b), which states "[a] person with a known or suspected mental illness or developmental disability shall not be denied mental health or developmental services because of .”
Barichello v. McDonald, 98 F.3d 948 (7th Cir. 1996). “Count flT alleges that Barichello has a liberty interest under 405 ILCS 5/2-100(b), which states "[a] person with a known or suspected mental illness or developmental disabffity shall not be denied mental health or developmental services because of criminal record unrelated to…”
C. J. v. Dept. of Mental Health & Developmental Disabilities (Ill. App. Ct. 1998). “405 ILCS 5/2-100(b) (West 1994). Plaintiffs allege the Department's refusal to allow the Elgin facility director to consider any NGRI acquittee for an on-grounds pass is based solely on the criminal court convictions of the acquittees and is unrelated to their present…”
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