ILCS » Chapter 405 · Act 5

405 ILCS 5/3-100

Jurisdiction over involuntary admissions

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(405 ILCS 5/3-100) (from Ch. 91 1/2, par. 3-100)
    Sec. 3-100. Jurisdiction over involuntary admissions.
    (a) The circuit court has jurisdiction under this Chapter over persons not charged with a felony who are subject to involuntary admission.
    (b) The circuit court has jurisdiction over all persons who are subject to involuntary admission on an outpatient basis under Article VII-A of this Chapter. This subsection (b) is inoperative on and after January 1, 2030.
    (c) Inmates of penal institutions shall not be considered as charged with a felony within the meaning of this Chapter. Court proceedings under Article VIII of this Chapter may be instituted as to any such inmate at any time within 90 days prior to discharge of such inmate by expiration of sentence or otherwise, and if such inmate is found to be subject to involuntary admission, the order of the court ordering hospitalization or other disposition shall become effective at the time of discharge of the inmate from penal custody.
    (d) The circuit court has jurisdiction over all persons alleged to be in need of treatment under Section 2-107.1 of this Code, whether or not they are charged with a felony.
(Source: P.A. 104-217, eff. 1-1-26.)

    
Notes of Decisions
Cited in 6 cases, 2002–2014 · leading case: In Re John CM
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In Re John CM (2008) illappct “Section 3-100 of the *63 Code (405 ILCS 5/3-100 (West 2004)) provided that "`[t]he circuit court has jurisdiction under this [c]hapter over persons not charged with a felony who are subject to involuntary admission.”
In re James W. (2014) ill “As explained earlier in this opinion, paragraph (b) of section 3-813 provides that the same provisions of chapter 3 of the Mental Health Code (405 ILCS 5/3-100 et seq. (West 2010)) applicable when an initial order of commitment is sought also apply where, as here, an additional…”
In Re Nathan AC (2008) illappct · cites it 2× “2d at 1019 (examining the provision of the Mental Health and Developmental Disabilities Code (405 ILCS 5/3-100 (West 2004)), which grants a circuit court jurisdiction over persons subject to involuntary admission who are not charged with a felony).”
People v. Bethke (2014) illappct “¶2 BACKGROUND ¶3 Defendant, age 49, has lived at the Elgin Mental Health Center in the custody of the Illinois Department of Human Services (see 730 ILCS 5/5-2-4 (West 2010); 405 ILCS 5/3-100 et seq. (West 2010)) since 1993 after the trial court found him not guilty of first…”
In re Guardianship of Muellner (2002) illappct · cites it 2× “Respondent appeals, arguing the trial court erred in authorizing the State Guardian to place her in a nursing home's behavioral unit without proceeding for her involuntary commitment under chapter III of the Mental Health and Developmental Disabilities Code (Mental Health Code)…”
In re Jill R. Modified Upon Denial of Rehearing on 3/7/03 (2003) illappct “Therefore, we consider whether respondent's out-of-state felony charge deprived the circuit court of jurisdiction under section 3-100 of the Code (405 ILCS 5/3-100 (West 2000)), which provides: "The circuit court has jurisdiction under this [c]hapter over persons not charged…”
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