Illinois HB 3572: UNFIT MISDEMEANANT DIVERSION

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 Full Text of HB3572

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HB3572 EnrolledLRB104 10652 RLC 20729 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. Reference to Act. This Act may be referred to as 

5the Diversion of Unfit Misdemeanants Act.

6 Section 5. 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 ongoing mental 

22health services when their involvement in the criminal justice 

23system ends, including community-based treatment programs. The 

HB3572 Enrolled- 2 -LRB104 10652 RLC 20729 b

1General Assembly finds that the interests of public safety, 

2the wel