Bill Text: IL HB3572 | 2025-2026 | 104th General Assembly | Enrolled

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Bill Title: Reinserts the provisions of the engrossed bill, except: (1) provides that the Fitness to Stand Trial Task Force shall hold its first meeting no later than October 1, 2025; (2) the Task Force may at any time identify legislative proposals in support of its mission prior to the issuance of its final report; (3) in the provisions that following eligibility screening for mental health services, 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 (deletes with prejudice); (4) provides that if the parties do not agree or the court does not approve the diversion, the court shall order a fitness examination and the matter shall be governed by any other relevant provisions of the Fitness For Trial, To Plead Or To Be Sentenced Article of the Code of Criminal Procedure of 1963; (5) deletes provision that appointments to the Task Force shall be made within 90 days after the effective date of the amendatory Act; and (6) the Task Force shall be dissolved following the submission of its report to the Supreme Court and the General Assembly.

Sponsorship: Strong Partisan Bill (Democrat 13-1)

Status: (Passed) 2025-08-15 - Public Act . . . . . . . . . 104-0318 [HB3572 Detail]

Download: Illinois-2025-HB3572-Enrolled.html

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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Reference to Act. This Act may be referred to as
the Diversion of Unfit Misdemeanants Act.
Section 5. Purpose. The General Assembly recognizes that
there are a substantial number of persons with mental
illnesses who are charged with misdemeanors and are found
unfit to stand trial under Article 104 of the Code of Criminal
Procedure of 1963. Many of these defendants remain in the
criminal justice system for periods of time longer than they
would have served had they been convicted of the misdemeanor
with which they have been charged. These defendants impose a
substantial financial burden on county jails, the criminal
court system, and State-operated mental health facilities
where they are frequently committed under Section 104-17 of
the Code of Criminal Procedure of 1963. Additionally, despite
extended involvement in the criminal justice system, many of
these defendants do not receive the mental health treatment
needed to reduce the likelihood that they will commit future
offenses and are not successfully linked to ongoing mental
health services when their involvement in the criminal justice
system ends, including community-based treatment programs. The

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General Assembly finds that the interests of public safety,
the welfare of persons with mental illnesses charged with
misdemeanors, and the efficient and effective use of public
resources may be served by creating programs which remove
these defendants from the criminal justice system and use
behavioral health services, case management, and substance use
disorder treatment, including, but not limited to, treatment
authorized under Articles IV, VII, and VII-A and Section
3-801.5 of Article VIII of the Mental Health and Developmental
Disabilities Code.
Section 10. The Code of Criminal Procedure of 1963 is
amended by changing Sections 104-11, 104-13, 104-15, and
104-17 and by adding Section 104-32 and Article 104A as
follows:
(725 ILCS 5/104-11) (from Ch. 38, par. 104-11)
Sec. 104-11. Raising Issue; Burden; Fitness Motions.)
(a) The issue of the defendant's fitness for trial, to
plead, or to be sentenced may be raised by the defense, the
State or the Court at any appropriate time before a plea is
entered or before, during, or after trial. When a bonafide
doubt of the defendant's fitness is raised, other than for
eligible defendants charged with one or more misdemeanors
subject to Section 104A-1, the court shall order a

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determination of the issue before proceeding further.
(b) Upon request of the defendant that a qualified expert
be appointed to examine him or her to determine prior to trial
if a bonafide doubt as to his or her fitness to stand trial may
be raised, the court, in its discretion, may order an
appropriate examination. However, no order entered pursuant to
this subsection shall prevent further proceedings in the case.
An expert so appointed shall examine the defendant and make a
report as provided in Section 104-15. Upon the filing with the
court of a verified statement of services rendered, the court
shall enter an order on the county board to pay such expert a
reasonable fee stated in the order.
(c) When a bonafide doubt of the defendant's fitness has
been raised, the burden of proving that the defendant is fit by
a preponderance of the evidence and the burden of going
forward with the evidence are on the State. However, the court
may call its own witnesses and conduct its own inquiry.
(d) Following a finding of unfitness, the court may hear
and rule on any pretrial motion or motions if the defendant's
presence is not essential to a fair determination of the
issues. A motion may be reheard upon a showing that evidence is
available which was not available, due to the defendant's
unfitness, when the motion was first decided.
(Source: P.A. 81-1217.)
(725 ILCS 5/104-13) (from Ch. 38, par. 104-13)

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Sec. 104-13. Fitness examination.
(a) When the issue of fitness involves the defendant's
mental condition, the court shall order an examination of the
defendant by one or more licensed physicians, clinical
psychologists, or psychiatrists chosen by the court. No
physician, clinical psychologist or psychiatrist employed by
the Department of Human Services shall be ordered to perform,
in his official capacity, an examination under this Section.
(a-1) The Administrative Office of the Illinois Courts is
encouraged to establish standards and a certification process
for court-appointed fitness evaluators designed to increase
the availability of qualified evaluators statewide and to
increase access, consistency, and fairness within
fitness-to-stand-trial proceedings and subsequent placement
recommendations.
(b) If the issue of fitness involves the defendant's
physical condition, the court shall appoint one or more
physicians and in addition, such other experts as it may deem
appropriate to examine the defendant and to report to the
court regarding the defendant's condition.
(c) An examination ordered under this Section shall be
given at the place designated by the person who will conduct
the examination, except that if the defendant is being held in
custody, the examination shall take place at such location as
the court directs. No examinations under this Section shall be
ordered to take place at mental health or developmental

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disabilities facilities operated by the Department of Human
Services. If the defendant fails to keep appointments without
reasonable cause or if the person conducting the examination
reports to the court that diagnosis requires hospitalization
or extended observation, the court may order the defendant
admitted to an appropriate facility for an examination, other
than a screening examination, for not more than 7 days. The
court may, upon a showing of good cause, grant an additional 7
days to complete the examination.
(d) Pretrial Release on pretrial release or on
recognizance shall not be revoked and an application therefor
shall not be denied on the grounds that an examination has been
ordered.
(e) Upon request by the defense and if the defendant is
indigent, the court may appoint, in addition to the expert or
experts chosen pursuant to subsection (a) of this Section, a
qualified expert selected by the defendant to examine him and
to make a report as provided in Section 104-15. Upon the filing
with the court of a verified statement of services rendered,
the court shall enter an order on the county board to pay such
expert a reasonable fee stated in the order.
(Source: P.A. 101-652, eff. 1-1-23.)
(725 ILCS 5/104-15) (from Ch. 38, par. 104-15)
Sec. 104-15. Report.
(a) The person or persons conducting an examination of the

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defendant, pursuant to paragraph (a) or (b) of Section 104-13
shall submit a written report to the court, the State, and the
defense within 30 days of the date of the order. The report
shall include:
(1) A diagnosis and an explanation as to how it was
reached and the facts upon which it is based;
(2) A description of the defendant's mental or
physical disability, if any; its severity; and an opinion
as to whether and to what extent it impairs the
defendant's ability to understand the nature and purpose
of the proceedings against him or to assist in his
defense, or both.
(b) If the report indicates that the defendant is not fit
to stand trial or to plead because of a disability, the report
shall include an opinion as to the likelihood of the defendant
attaining fitness within the statutory a period of time from
the date of the finding of unfitness if provided with a course
of treatment. For a defendant charged with a felony, the
period of time shall be one year. For a defendant charged with
a misdemeanor, the period of time shall be no longer than the
maximum term of imprisonment for the most serious offense. The
period of commitment shall not exceed the maximum length of
time that the defendant would have been required to serve,
less credit for good behavior as provided in Section 5-4-1 of
the Unified Code of Corrections. Defendants charged with petty
offenses or infraction of a municipal ordinance are not

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eligible for fitness restoration services. If the person or
persons preparing the initial fitness report are unable to
form such an opinion, the report shall state the reasons
therefor. The report shall may include a general description
of the type of treatment needed and of the least physically
restrictive form of treatment therapeutically appropriate. If
inpatient treatment is recommended, the report must articulate
the evaluator's assessment of risk, protective factors, and
treatment needs as related to the defendant's mental disorder.
Risk shall not be determined solely by the nature of the
defendant's criminal charges.
(c) The report shall indicate what information, if any,
contained therein may be harmful to the mental condition of
the defendant if made known to him.
(d) In addition to the report, a person retained or
appointed by the State or the defense to conduct an
examination shall, upon written request, make his or her
notes, other evaluations reviewed or relied upon by the
testifying witness, and any videotaped interviews available to
another examiner of the defendant. All forensic interviews
conducted by a person retained or appointed by the State or the
defense shall be videotaped unless doing so would be
impractical. In the event that the interview is not
videotaped, the examiner may still testify as to the person's
fitness and the court may only consider the lack of compliance
in according the weight and not the admissibility of the

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expert testimony. An examiner may use these materials as part
of his or her diagnosis and explanation but shall not
otherwise disclose the contents, including at a hearing before
the court, except as otherwise provided in Section 104-14 of
this Code.
(Source: P.A. 100-424, eff. 1-1-18.)
(725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
Sec. 104-17. Commitment for treatment; treatment plan.
(a) If the defendant is eligible to be or has been released
on pretrial release or on his own recognizance, the court
shall select the least physically restrictive form of
treatment therapeutically appropriate and consistent with the
treatment plan. The placement may be ordered either on an
inpatient or an outpatient basis. Placement shall be on an
outpatient basis unless the court determines that:
(1) treatment on an outpatient basis is reasonably
expected to inflict serious physical harm upon the
defendant or another. No defendant may be ordered to
inpatient restoration unless at least one licensed
physician, clinical psychologist, or psychiatrist who has
examined the defendant testifies in person at the hearing.
The defendant may waive the requirement of the testimony
subject to the approval of the court; or
(2) treatment that will restore the defendant to
fitness within a reasonable period of time is not

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available on an outpatient basis.
(b) If the defendant's disability is mental, the court may
order him placed for secure treatment in the custody of the
Department of Human Services, or the court may order him
placed in the custody of any other appropriate public or
private mental health facility or treatment program which has
agreed to provide treatment to the defendant. If the most
serious charge faced by the defendant is a misdemeanor, the
court shall order outpatient treatment, unless the court finds
good cause on the record that the defendant is reasonably
expected to inflict serious physical harm on the defendant or
another due to mental illness. No defendant may be ordered to
inpatient restoration unless at least one licensed physician,
clinical psychologist, or psychiatrist who has examined the
defendant testifies in person at the hearing. The defendant
may waive the requirement of the testimony subject to the
approval of the court to order inpatient treatment. If the
court orders the defendant to inpatient treatment in the
custody of the Department of Human Services, the Department
shall evaluate the defendant to determine the most appropriate
secure facility to receive the defendant and, within 20 days
of the transmittal by the clerk of the circuit court of the
court's placement order, notify the court of the designated
facility to receive the defendant. The Department shall admit
the defendant to a secure facility within 60 days of the
transmittal of the court's placement order, unless the

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Department can demonstrate good faith efforts at placement and
a lack of bed and placement availability. If placement cannot
be made within 60 days of the transmittal of the court's
placement order and the Department has demonstrated good faith
efforts at placement and a lack of bed and placement
availability, the Department shall provide an update to the
ordering court every 30 days until the defendant is placed.
Once bed and placement availability is determined, the
Department shall notify the sheriff who shall promptly
transport the defendant to the designated facility. If the
defendant is placed in the custody of the Department of Human
Services, the defendant shall be placed in a secure setting.
During the period of time required to determine bed and
placement availability at the designated facility, the
defendant shall remain in jail. If during the course of
evaluating the defendant for placement, the Department of
Human Services determines that the defendant is currently fit
to stand trial, it shall immediately notify the court and
shall submit a written report within 7 days. In that
circumstance the placement shall be held pending a court
hearing on the Department's report. Otherwise, upon completion
of the placement process, including identifying bed and
placement availability, the sheriff shall be notified and
shall transport the defendant to the designated facility. If,
within 60 days of the transmittal by the clerk of the circuit
court of the court's placement order, the Department fails to

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provide the sheriff with notice of bed and placement
availability at the designated facility, the sheriff shall
contact the Department to inquire about when a placement will
become available at the designated facility as well as bed and
placement availability at other secure facilities. The
Department shall respond to the sheriff within 2 business days
of the notice and inquiry by the sheriff seeking the transfer
and the Department shall provide the sheriff with the status
of the evaluation, information on bed and placement
availability, and an estimated date of admission for the
defendant and any changes to that estimated date of admission.
If the Department notifies the sheriff during the 2 business
day period of a facility operated by the Department with
placement availability, the sheriff shall promptly transport
the defendant to that facility. The placement may be ordered
either on an inpatient or an outpatient basis.
(c) If the defendant's disability is physical, the court
may order him placed under the supervision of the Department
of Human Services which shall place and maintain the defendant
in a suitable treatment facility or program, or the court may
order him placed in an appropriate public or private facility
or treatment program which has agreed to provide treatment to
the defendant. The placement may be ordered either on an
inpatient or an outpatient basis.
(d) The clerk of the circuit court shall within 5 days of
the entry of the order transmit to the Department, agency or

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institution, if any, to which the defendant is remanded for
treatment, the following:
(1) a certified copy of the order to undergo
treatment. Accompanying the certified copy of the order to
undergo treatment shall be the complete copy of any report
prepared under Section 104-15 of this Code or other report
prepared by a forensic examiner for the court;
(2) the county and municipality in which the offense
was committed;
(3) the county and municipality in which the arrest
took place;
(4) a copy of the arrest report, criminal charges,
arrest record; and
(5) all additional matters which the Court directs the
clerk to transmit.
(e) Within 30 days of admission to the designated
facility, the person supervising the defendant's treatment
shall file with the court, the State, and the defense a report
assessing the facility's or program's capacity to provide
appropriate treatment for the defendant and indicating his
opinion as to the probability of the defendant's attaining
fitness within a period of time from the date of the finding of
unfitness. For a defendant charged with a felony, the period
of time shall be one year. For a defendant charged with a
misdemeanor, the period of time shall be no longer than the
sentence if convicted of the most serious offense, less credit

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for good behavior as provided in Section 5-4-1 of the Unified
Code of Corrections. If the report indicates that there is a
substantial probability that the defendant will attain fitness
within the time period, the treatment supervisor shall also
file a treatment plan which shall include:
(1) A diagnosis of the defendant's disability;
(2) A description of treatment goals with respect to
rendering the defendant fit, a specification of the
proposed treatment modalities, and an estimated timetable
for attainment of the goals;
(3) An identification of the person in charge of
supervising the defendant's treatment.
(Source: P.A. 101-652, eff. 1-1-23; 102-1118, eff. 1-18-23.)
(725 ILCS 5/104-32 new)
Sec. 104-32. Fitness to Stand Trial Task Force.
(a) There is created the Fitness to Stand Trial Task Force
hereinafter referred to as the Task Force. The Task Force
shall conduct a thorough review of the statutory and
regulatory provisions governing the procedures by which
individuals facing criminal charges may be unfit to stand
trial. This review includes, but is not limited to, the
determination of fitness, the housing and custodial status of
persons undergoing fitness restoration, the rights of
individuals found unfit, and the obligations of the Department
of Human Services.

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(b) The Task Force shall consist of 15 members, appointed
as follows:
(1) a member of the House of Representatives,
appointed by the Speaker of the House, who shall serve as
co-chair of the Task Force;
(2) a member of the House of Representatives,
appointed by the Minority Leader of the House;
(3) a member of the Senate appointed by the President
of the Senate, who shall serve as co-chair of the Task
Force;
(4) a member of the Senate, appointed by the Minority
Leader of the Senate;
(5) 2 members appointed by the Illinois Supreme Court;
(6) the Secretary of Human Services or the Secretary's
designee;
(7) a member nominated by a statewide organization
that represents State's Attorneys and appointed by the
Governor;
(8) a member nominated by a statewide organization
that represents public defenders and appointed by the
Governor;
(9) a member nominated by a statewide organization
that represents sheriffs and appointed by the Governor;
(10) a member representing the federally mandated
Protection and Advocacy System for people with mental
illness in the State of Illinois, appointed by the

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Governor;
(11) a member representing an organization or agency
providing community-based mental health services,
appointed by the Governor;
(12) a member representing a nonprofit organization
dedicated to the promotion of mental health, well-being,
and illness prevention, appointed by the Governor;
(13) a member who is a licensed clinical psychologist
with specialized forensic training and experience
conducting court-ordered fitness evaluations in Illinois,
appointed by the Governor; and
(14) a member who is a licensed clinical psychologist
with specialized forensic training and experience
providing fitness restoration services in Illinois,
appointed by the Governor.
(c) The Department shall provide administrative and
technical support for the Task Force and is responsible for
ensuring that the requirements of the Task Force are met.
(d) The Task Force shall hold its first meeting no later
than October 1, 2025.
(e) The Task Force shall submit a report containing its
findings and any recommendations to the Supreme Court and the
General Assembly on or before November 1, 2026.
(f) The Task Force may at any time identify legislative
proposals in support of its mission prior to the issuance of
its final report.

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(g) The Task Force shall be dissolved following the
submission of its report to the Supreme Court and the General
Assembly.
(725 ILCS 5/Art. 104A heading new)
ARTICLE 104A. DIVERSION OF UNFIT MISDEMEANANTS
(725 ILCS 5/104A-1 new)
Sec. 104A-1. Eligibility. A defendant charged with one or
more misdemeanors and for whom a court has determined under
Section 104-11 of this 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.
(725 ILCS 5/104A-2 new)
Sec. 104A-2. Rulemaking. The Illinois Supreme Court or any
circuit court of this State may adopt rules establishing unfit
misdemeanant diversion programs consistent with this Article.
(725 ILCS 5/104A-3 new)
Sec. 104A-3. Procedure. 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 his or her

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safety and that of the public and his or her continued
participation in treatment. If, following this screening, 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. If the parties do not
agree or the court does not approve, the court shall order a
fitness examination under Section 104-13 of this Code and the
matter shall be governed by any other relevant provisions of
Article 104.
(725 ILCS 5/104A-4 new)
Sec. 104A-4. Mental health and substance use treatment.
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. Treatment programs shall comply with all relevant
statutes and rules. The Department of Human Services shall
provide care to persons determined to be subject to
involuntary admission on an inpatient basis as defined in
Section 1-119 of the Mental Health and Developmental
Disabilities Code or may make arrangements with any other
appropriate inpatient mental health facility to provide those
services.
Section 99. Effective date. This Section and Section
104-32 of the Code of Criminal Procedure of 1963 take effect

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upon becoming law.