Illinois General Assembly - Full Text of SB2364
Illinois General Assembly

Previous General Assemblies

Full Text of SB2364  102nd General Assembly




SB2364 EngrossedLRB102 17146 RLC 22578 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
8illnesses who are charged with misdemeanors and are found
9unfit to stand trial under Article 104 of the Code of Criminal
10Procedure of 1963. Many of these defendants remain in the
11criminal justice system for periods of time longer than they
12would have served had they been convicted of the misdemeanor
13with which they have been charged. These defendants impose a
14substantial financial burden on county jails, the criminal
15court system, and State-operated mental health facilities
16where they are frequently committed under Section 104-17 of
17the Code of Criminal Procedure of 1963. Additionally, despite
18extended involvement in the criminal justice system, many of
19these defendants do not receive the mental health treatment
20needed to reduce the likelihood that they will commit future
21offenses and are not successfully linked to on-going mental
22health services when their involvement in the criminal justice
23system ends. The General Assembly finds that the interests of



SB2364 Engrossed- 2 -LRB102 17146 RLC 22578 b

1public safety, the welfare of persons with mental illnesses
2charged with misdemeanors, and the efficient and effective use
3of public resources may be served by creating programs which
4remove these defendants from the criminal justice system and
5utilize mental health services provided under the Mental
6Health and Developmental Disabilities Code, including, but not
7limited to, treatment authorized under Articles IV, VII, and
8VII-A and Section 3-801.5 of Article VIII of the Mental Health
9and Developmental 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)



SB2364 Engrossed- 3 -LRB102 17146 RLC 22578 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
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.
20The misdemeanant 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



SB2364 Engrossed- 4 -LRB102 17146 RLC 22578 b

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