SB1188 EngrossedLRB101 05060 SLF 50070 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be referred to as the
5Diversion of Unfit Misdemeanants Act.
6    Section 3. Purpose. The General Assembly recognizes that
7there are a substantial number of persons with mental illnesses
8who are charged with misdemeanors and are found unfit to stand
9trial under Article 104 of the Code of Criminal Procedure of
101963. Many of these defendants remain in the criminal justice
11system for periods of time longer than they would have served
12had they been convicted of the misdemeanor with which they have
13been charged. These defendants impose a substantial financial
14burden on county jails, the criminal court system, and
15State-operated mental health facilities where they are
16frequently committed under Section 104-17 of the Code of
17Criminal Procedure of 1963. Additionally, despite extended
18involvement in the criminal justice system, many of these
19defendants do not receive the mental health treatment needed to
20reduce the likelihood that they will commit future offenses and
21are not successfully linked to on-going mental health services
22when their involvement in the criminal justice system ends. The
23General Assembly finds that the interests of public safety, the



SB1188 Engrossed- 2 -LRB101 05060 SLF 50070 b

1welfare of persons with mental illnesses charged with
2misdemeanors, and the efficient and effective use of public
3resources may be served by creating programs which remove these
4defendants from the criminal justice system and utilize mental
5health services provided under the Mental Health and
6Developmental Disabilities Code, including, but not limited
7to, treatment authorized under Articles IV, VII, and VII-A and
8Section 3-801.5 of Article VIII of the Mental Health and
9Developmental Disabilities Code.
10    Section 5. The Code of Criminal Procedure of 1963 is
11amended by adding the heading of Article 104A and Sections
12104A-1, 104A-2, 104A-3, and 104A-4 as follows:
13    (725 ILCS 5/Art. 104A heading new)

15    (725 ILCS 5/104A-1 new)
16    Sec. 104A-1. Eligibility. A defendant charged with one or
17more misdemeanors and for whom a court has determined under
18Section 104-11 of this Code that a bona fide doubt of the
19defendant's fitness has been raised may be admitted into an
20unfit misdemeanant diversion program only upon the approval of
21the court.
22    (725 ILCS 5/104A-2 new)



SB1188 Engrossed- 3 -LRB101 05060 SLF 50070 b

1    Sec. 104A-2. Rulemaking. The Illinois Supreme Court or any
2circuit court of this State may adopt rules establishing unfit
3misdemeanant diversion programs consistent with this Article.
4    (725 ILCS 5/104A-3 new)
5    Sec. 104A-3. Procedure. The court shall require an
6eligibility screening and an assessment of the defendant to
7determine whether the defendant may be able to receive mental
8health services under the Mental Health and Developmental
9Disabilities Code which shall reasonably assure her or his
10safety and that of the public and her or his continued
11participation in treatment. If, following this screening, the
12State and the defendant agree to the diversion and the court
13determines that the defendant is appropriate for diversion, the
14criminal charges may be dismissed with or without prejudice. If
15the court does not approve, the court shall order a fitness
16examination under Section 104-13 of this Code and the matter
17shall be governed by any other relevant provisions of Article
19    (725 ILCS 5/104A-4 new)
20    Sec. 104A-4. Mental health and substance use treatment. The
21misdemeanant diversion program may maintain or collaborate
22with mental health and substance use treatment providers
23necessary to provide a continuum of treatment options
24commensurate with the needs of the defendant and available



SB1188 Engrossed- 4 -LRB101 05060 SLF 50070 b

1resources. Treatment programs shall comply with all relevant
2statutes and rules. The Department of Human Services shall
3provide care to persons determined to be subject to involuntary
4admission on an inpatient basis as defined in Section 1-119 of
5the Mental Health and Developmental Disabilities Code or may
6make arrangement with any other appropriate inpatient mental
7health facility to provide those services.