Bill Text: IL SB1188 | 2019-2020 | 101st General Assembly | Engrossed

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Bill Title: Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section concerning the short title.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB1188 Detail]

Download: Illinois-2019-SB1188-Engrossed.html

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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

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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)

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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

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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.