Bill Text: IL SB2364 | 2021-2022 | 102nd General Assembly | Engrossed

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Bill Title: Amends the Illinois Criminal Justice Information Act. Provides that the Pretrial Practices Data Oversight Board shall start collection of quarterly, county-level data on specified topics on July 1, 2023. Amends the Code of Criminal Procedure of 1963. Provides that a law enforcement officer shall issue a citation in lieu of custodial arrest, upon proper identification, for a person accused of traffic offense, a Class B misdemeanor, a Class C misdemeanor, a petty offense, or a business offense, unless the law enforcement officer, in the law enforcement officer's discretion, reasonably determines the accused: (1) poses a specific, real, and present threat to the safety of the community or any person or persons; or (2) has a medical or mental health issue that poses a risk to the safety of the accused. Amends the Pretrial Services Act. Removes language requiring that pretrial services agencies to submit findings and recommendations to assess the need or financial security to assure the defendant's appearance at later proceedings. Amends the Unified Code of Corrections. Provides that language concerning the imposition of a mandatory supervised release term for a Class 3 or Class 4 felony takes effect on March 1, 2023 (instead of July 1, 2022). Creates the Commission on Pretrial Implementation within the Illinois Sentencing Policy Advisory Council; sets membership of the Commission and provides reporting requirements. In provisions concerning electronic monitoring and home detention, requires that a person ordered to pretrial home confinement must be provided with movement spread out over no fewer than 2 periods (instead of 2 days) per week. Provides that the Sentencing Policy Advisory Council shall provide administrative support to the Commission. Provides that the periods of time shall be determined by the supervising authority and authorizes the supervising authority to monitor the participant's location during any period of authorized movement. Provides that if a person on pretrial home confinement is charged with a forcible felony, the State may file a verified motion to deny the participant movement. Requires the court to hold a hearing and provides that the court shall grant the motion only if the court finds by clear and convincing evidence that, based on the totality of the circumstances, movement should be denied. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2022-04-09 - Third Reading - Short Debate - Passed 064-045-000 [SB2364 Detail]

Download: Illinois-2021-SB2364-Engrossed.html

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SB2364 Engrossed LRB102 17146 RLC 22578 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be referred to as the
Diversion of Unfit Misdemeanants Act.
Section 3. 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 on-going mental
health services when their involvement in the criminal justice
system ends. The General Assembly finds that the interests of

SB2364 Engrossed - 2 - LRB102 17146 RLC 22578 b
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
utilize mental health services provided under the Mental
Health and Developmental Disabilities Code, 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 5. The Code of Criminal Procedure of 1963 is
amended by adding the heading of Article 104A and Sections
104A-1, 104A-2, 104A-3, and 104A-4 as follows:
(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)

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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 her or his
safety and that of the public and her or his continued
participation in treatment. If, following this screening, the
court determines that the defendant is appropriate for
diversion, the criminal charges may be dismissed with or
without prejudice. If 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

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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 arrangement with any other
appropriate inpatient mental health facility to provide those
services.