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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB2364 Introduced 2/26/2021, by Sen. John Connor 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 | |
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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 |
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| | SB2364 | | LRB102 17146 RLC 22578 b |
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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 1. Short title. This Act may be referred to as the |
5 | | Diversion of Unfit Misdemeanants Act. |
6 | | Section 3. Purpose. The General Assembly recognizes that |
7 | | there are a substantial number of persons with mental |
8 | | illnesses who are charged with misdemeanors and are found |
9 | | unfit to stand trial under Article 104 of the Code of Criminal |
10 | | Procedure of 1963. Many of these defendants remain in the |
11 | | criminal justice system for periods of time longer than they |
12 | | would have served had they been convicted of the misdemeanor |
13 | | with which they have been charged. These defendants impose a |
14 | | substantial financial burden on county jails, the criminal |
15 | | court system, and State-operated mental health facilities |
16 | | where they are frequently committed under Section 104-17 of |
17 | | the Code of Criminal Procedure of 1963. Additionally, despite |
18 | | extended involvement in the criminal justice system, many of |
19 | | these defendants do not receive the mental health treatment |
20 | | needed to reduce the likelihood that they will commit future |
21 | | offenses and are not successfully linked to on-going mental |
22 | | health services when their involvement in the criminal justice |
23 | | system ends. The General Assembly finds that the interests of |