Bill > HB3572

This bill creates a comprehensive framework for diverting misdemeanor defendants who are found unfit to stand trial out of the criminal justice system and into mental health treatment. The legislation establishes a Fitness to Stand Trial Task Force composed of 15 members from various stakeholder groups, including legislators, judicial representatives, mental health professionals, and advocacy organizations. The Task Force will conduct a thorough review of current procedures for determining trial fitness, with a mandate to submit a report to the Supreme Court and General Assembly by November 1, 2026. The bill introduces a new diversion program for misdemeanor defendants who are deemed unfit to stand trial, allowing them to receive mental health and substance use treatment instead of criminal prosecution. Under this program, if the State and defendant agree and the court approves, criminal charges may be dismissed, with the goal of providing appropriate mental health services, reducing the burden on county jails and court systems, and potentially decreasing the likelihood of future criminal behavior. The legislation recognizes that many defendants with mental illnesses currently remain in the criminal justice system longer than they would if convicted and aims to create a more compassionate and efficient approach to handling these cases. Key provisions include prioritizing outpatient treatment, establishing strict criteria for inpatient placement, and encouraging collaboration between criminal justice and mental health systems.

Justice

https://www.ilga.gov/legislation/BillStatus.asp?DocNum=3572&GAID=18&DocTypeID=HB&SessionID=114&GA=104