METROPOLIS, IL – The intersection of mental illness and the criminal justice system is often complex and costly. Historically, individuals charged with minor crimes (misdemeanors) who were deemed unfit to stand trial often languished in county jails or were committed to state facilities for periods longer than the actual maximum sentence they faced.
Effective January 1, 2026, the Diversion of Unfit Misdemeanants Act (HB 3572) creates a path to prioritize treatment over punishment for this vulnerable population.
Key Components of the Diversion Program
The new law establishes a formal program to remove individuals with mental health needs, who are facing low-level charges, from the traditional criminal court process and link them directly to treatment.
1. Eligibility and Court Approval
The program targets defendants charged with one or more misdemeanors where the court has raised a bona fide doubt of the defendant’s fitness to understand the proceedings or assist in their own defense. Admission is not automatic:
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Screening and Assessment: The court must first require an eligibility screening and assessment to determine if the defendant can receive mental health and substance use services that reasonably assure their safety and the safety of the public.
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Agreement: The diversion must be agreed upon by both the State (prosecution) and the defendant, and then formally approved by the court.
2. Diversion for Treatment
The core goal is to replace the legal track with a therapeutic one:
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Continuum of Care: The diversion program is designed to maintain or collaborate with mental health and substance use treatment providers to offer a full range of treatment options, including case management.
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Dismissal of Charges: If the State and the defendant agree to the diversion, and the court determines it is appropriate, the criminal charges may be dismissed with prejudice (meaning they cannot be refiled).
3. Addressing an Inefficiency
This program is a response to the fact that forcing these defendants into the traditional system imposes a substantial burden on county jails, courts, and mental health facilities, often without delivering the mental health care needed to reduce the likelihood of future offenses.
By diverting these cases, the state aims to achieve three goals: better outcomes for individuals with mental illness, reduced recidivism, and the efficient use of taxpayer funds by avoiding lengthy, unproductive court processes.
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