IL SB2364

Creates the Diversion of Unfit Misdemeanants Act to establish programs removing defendants charged with misdemeanors found unfit to stand trial from the criminal justice system into mental health services.

Allows defendants charged with misdemeanors for whom a bona fide doubt of fitness has been raised to be admitted into an unfit misdemeanant diversion program upon court approval.

Requires courts to conduct an eligibility screening and assessment to determine if defendants can receive mental health services under the Mental Health and Developmental Disabilities Code while assuring public safety and treatment participation.

Permits criminal charges to be dismissed with or without prejudice if the court determines the defendant is appropriate for diversion; otherwise, the court orders a fitness examination and proceeds under existing Article 104.

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 require involuntary admission.