SB1188eng 101ST GENERAL ASSEMBLY

SB1188 Engrossed LRB101 05060 SLF 50070 b

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be referred to as the Diversion of Unfit Misdemeanants Act.

Section 3. Purpose. The General Assembly recognizes that there are a substantial number of persons with mental illnesses who are charged with misdemeanors and are found unfit to stand trial under Article 104 of the Code of Criminal Procedure of 1963. Many of these defendants remain in the criminal justice system for periods of time longer than they would have served had they been convicted of the misdemeanor with which they have been charged. These defendants impose a substantial financial burden on county jails, the criminal court system, and State-operated mental health facilities where they are frequently committed under Section 104-17 of the Code of Criminal Procedure of 1963. Additionally, despite extended involvement in the criminal justice system, many of these defendants do not receive the mental health treatment needed to reduce the likelihood that they will commit future offenses and are not successfully linked to on-going mental health services when their involvement in the criminal justice system ends. The General Assembly finds that the interests of public safety, the welfare of persons with mental illnesses charged with misdemeanors, and the efficient and effective use of public resources may be served by creating programs which remove these defendants from the criminal justice system and utilize mental health services provided under the Mental Health and Developmental Disabilities Code, including, but not limited to, treatment authorized under Articles IV, VII, and VII-A and Section 3-801.5 of Article VIII of the Mental Health and Developmental Disabilities Code.

Section 5. The Code of Criminal Procedure of 1963 is amended by adding the heading of Article 104A and Sections 104A-1, 104A-2, 104A-3, and 104A-4 as follows:

(725 ILCS 5/Art. 104A heading new)

ARTICLE 104A. DIVERSION OF UNFIT MISDEMEANANTS

(725 ILCS 5/104A-1 new)

Sec. 104A-1. Eligibility. A defendant charged with one or more misdemeanors and for whom a court has determined under Section 104-11 of this Code that a bona fide doubt of the defendant's fitness has been raised may be admitted into an unfit misdemeanant diversion program only upon the approval of the court.

(725 ILCS 5/104A-2 new)

Sec. 104A-2. Rulemaking. The Illinois Supreme Court or any circuit court of this State may adopt rules establishing unfit misdemeanant diversion programs consistent with this Article.

(725 ILCS 5/104A-3 new)

Sec. 104A-3. Procedure. The court shall require an eligibility screening and an assessment of the defendant to determine whether the defendant may be able to receive mental health services under the Mental Health and Developmental Disabilities Code which shall reasonably assure her or his safety and that of the public and her or his continued participation in treatment. If, following this screening, the State and the defendant agree to the diversion and the court determines that the defendant is appropriate for diversion, the criminal charges may be dismissed with or without prejudice. If the court does not approve, the court shall order a fitness examination under Section 104-13 of this Code and the matter shall be governed by any other relevant provisions of Article 104.

(725 ILCS 5/104A-4 new)

Sec. 104A-4. Mental health and substance use treatment. The misdemeanant diversion program may maintain or collaborate with mental health and substance use treatment providers necessary to provide a continuum of treatment options commensurate with the needs of the defendant and available resources. Treatment programs shall comply with all relevant statutes and rules. The Department of Human Services shall provide care to persons determined to be subject to involuntary admission on an inpatient basis as defined in Section 1-119 of the Mental Health and Developmental Disabilities Code or may make arrangement with any other appropriate inpatient mental health facility to provide those services.