IL SB1188

Creates the Diversion of Unfit Misdemeanants Act to divert defendants charged with misdemeanors who are found unfit to stand trial from the criminal justice system into mental health treatment programs.

Allows defendants meeting eligibility criteria to enter diversion programs upon court approval after a bona fide doubt of fitness is raised under Section 104-11 of the Code of Criminal Procedure.

Requires courts to conduct eligibility screening and assessment to determine if defendants can receive mental health services while ensuring public safety and treatment participation before dismissing charges.

Permits Illinois Supreme Court or circuit courts to adopt rules establishing unfit misdemeanant diversion programs consistent with the new Article 104A.

Authorizes diversion programs to maintain or collaborate with mental health and substance use treatment providers, with the Department of Human Services providing inpatient care for those determined to need involuntary admission.