725 ILCS 5/ Code of Criminal Procedure of 1963.

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- (725 ILCS 5/) Code of Criminal Procedure of 1963.

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    (725 ILCS 5/Art. 104A heading)
ARTICLE 104A. DIVERSION OF UNFIT MISDEMEANANTS
(Source: P.A. 104-318, eff. 1-1-26.)

    (725 ILCS 5/104A-1)
    (This Section may contain text from a Public Act with a delayed effective date)
    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.
(Source: P.A. 104-318, eff. 1-1-26.)

    (725 ILCS 5/104A-2)
    (This Section may contain text from a Public Act with a delayed effective date)
    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.
(Source: P.A. 104-318, eff. 1-1-26.)

    (725 ILCS 5/104A-3)
    (This Section may contain text from a Public Act with a delayed effective date)
    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 his or her safety and that of the public and his or her 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. If the parties do not agree or 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.
(Source: P.A. 104-318, eff. 1-1-26.)

    (725 ILCS 5/104A-4)
    (This Section may contain text from a Public Act with a delayed effective date)
    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 arrangements with any other appropriate inpatient mental health facility to provide those services.
(Source: P.A. 104-318, eff. 1-1-26.)