101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2333

 

Introduced , by Rep. Celina Villanueva

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/Art. 104A heading new
725 ILCS 5/104A-1 new
725 ILCS 5/104A-2 new
725 ILCS 5/104A-3 new
725 ILCS 5/104A-4 new

    Amends the Code of Criminal Procedure of 1963. Provides that a defendant charged with one or more misdemeanors and for whom a court has determined under the 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. Provides that 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. Provides that if, following this screening, the court determines that the defendant is appropriate for diversion, the criminal charges may be dismissed with or without prejudice. Provides that 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. Makes other changes.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2333LRB101 05059 SLF 50069 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

 

 

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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)
14
ARTICLE 104A. DIVERSION OF UNFIT MISDEMEANANTS

 
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)

 

 

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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
12court determines that the defendant is appropriate for
13diversion, the criminal charges may be dismissed with or
14without prejudice. If the court does not approve, the court
15shall order a fitness examination under Section 104-13 of this
16Code and the matter shall be governed by any other relevant
17provisions of Article 104.
 
18    (725 ILCS 5/104A-4 new)
19    Sec. 104A-4. Mental health and substance use treatment. The
20misdemeanant diversion program may maintain or collaborate
21with mental health and substance use treatment providers
22necessary to provide a continuum of treatment options
23commensurate with the needs of the defendant and available
24resources. Treatment programs shall comply with all relevant

 

 

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