SB 1188

Abstract

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. Senate Floor Amendment No. 1 Provides that following the eligibility screening, if 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 with or without prejudice. House Committee Amendment No. 1 Deletes reference to: 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 Adds reference to: 725 ILCS 5/100-1 from Ch. 38, par. 100-1 Replaces everything after the enacting clause. Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section concerning the short title.