All Roll Calls
Yes: 321 • No: 18
IllinoisHB3572104th General Assembly (2025–2026)House
UNFIT MISDEMEANANT DIVERSION
Sponsored By: Sponsor information unavailable
Signed by Governor
Summary
Amends the Code of Criminal Procedure of 1963. Adds a Diversion of Unfit Misdemeanants Article to the Code. Provides that a defendant charged with one or more misdemeanors and for whom a court has determined 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. Provides that the Illinois Supreme Court or any circuit court of the State may adopt rules establishing unfit misdemeanant diversion programs consistent with the Article. Provides that 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 safety and that of the public and his or her continued participation in treatment. Provides that 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 with prejudice. Provides that if the court does not approve, 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. Provides that 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. Requires the Department of Human Services to provide care to persons determined to be subject to involuntary admission on an inpatient basis as defined in the Mental Health and Developmental Disabilities Code or may make arrangements with any other appropriate inpatient mental health facility to provide those services. Makes conforming changes in the Fitness for Trial, To Plead, or to be Sentenced Article of the Code. Provides that the Act may be referred to as the Diversion of Unfit Misdemeanants Act.
judiciary - criminalassignmentscriminal law
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 4 benefits, 1 costs, 0 mixed.
Required inpatient care for diversion participants
Illinois’ Department of Human Services must provide or arrange inpatient mental health care for qualifying diversion participants. This duty applies when a participant is found to meet the state’s legal standard for involuntary inpatient admission.
Shorter exam stays and stronger defendant safeguards
Courts can order facility admission for fitness exams after missed appointments without reasonable cause or when diagnosis requires hospitalization or extended observation. These stays are capped at 7 days, with no additional 7-day extension. Fitness reports must describe needed treatment and the least restrictive suitable option. Inpatient recommendations must assess risk, protective factors, and treatment needs; risk cannot rest only on criminal charges. Misdemeanor restoration or commitment cannot exceed the time the defendant would serve, minus good-behavior credit. The law also encourages statewide evaluator standards and certification, without requiring their adoption.
Treatment diversion for misdemeanor defendants
The law creates a treatment diversion path for misdemeanor defendants when courts find genuine doubt about fitness to stand trial. Courts screen eligibility and assess whether services can support safety and continued treatment. This allows eligible defendants to be considered for diversion before a formal fitness examination. With the prosecutor’s and defendant’s agreement and court approval, the court may dismiss charges. Otherwise, the court must order a fitness examination and follow the regular fitness process.
Outpatient care protections for unfit defendants
For defendants eligible for or on pretrial release, courts must use outpatient treatment unless a listed exception applies. The exceptions are expected serious physical harm or unavailable outpatient treatment that can restore fitness within a reasonable time. A stricter rule covers defendants with a mental disability whose most serious charge is a misdemeanor. Their inpatient placement requires an on-record finding that mental illness is expected to cause serious physical harm to themselves or others. Inpatient restoration also requires in-person testimony from an examining licensed physician, clinical psychologist, or psychiatrist, unless the defendant waives testimony with court approval.
Minor-offense defendants lose fitness restoration access
Defendants charged with petty offenses or municipal ordinance infractions cannot receive fitness restoration services under this law. These services help defendants become able to understand court proceedings and assist in their defense.
Sponsors & Cosponsors
Sponsors
There is no primary sponsor on record.
Cosponsors
Charles Meier
Republican • House
Graciela Guzmán
Democratic • Senate
Justin Slaughter
Democratic • House
Karina Villa
Democratic • Senate
Kelly M. Cassidy
Democratic • House
Laura Faver Dias
Democratic • House
Lilian Jiménez
Democratic • House
Lindsey LaPointe
Democratic • House
Lisa Davis
Democratic • House
Mary Edly-Allen
Democratic • Senate
Maura Hirschauer
Democratic • House
Michael Crawford
Democratic • House
Terra Costa Howard
Democratic • House
Yolonda Morris
Democratic • House
Roll Call Votes
House vote • 5/30/2025
Senate Committee Amendment No. 2 House Concurs
Yes: 103 • No: 13
House vote • 5/29/2025
Senate Committee Amendment No. 2 Motion to Concur Recommends Be Adopted Judiciary - Criminal Committee;
Yes: 15 • No: 0
Senate vote • 5/22/2025
Third Reading - Passed;
Yes: 58 • No: 0
Senate vote • 5/7/2025
Do Pass as Amended Criminal Law;
Yes: 9 • No: 0
House vote • 4/10/2025
Third Reading - Short Debate - Passed
Yes: 111 • No: 0
House vote • 4/9/2025
House Floor Amendment No. 1 Recommends Be Adopted Judiciary - Criminal Committee;
Yes: 15 • No: 0
House vote • 3/20/2025
Do Pass / Short Debate Judiciary - Criminal Committee;
Yes: 10 • No: 5
Actions Timeline
Public Act . . . . . . . . . 104-0318
8/15/2025HouseEffective Date January 1, 2026; some provisions
8/15/2025HouseEffective Date August 15, 2025; some provisions
8/15/2025HouseGovernor Approved
8/15/2025HouseSent to the Governor
6/24/2025HousePassed Both Houses
5/30/2025HouseHouse Concurs
5/30/2025HouseSenate Committee Amendment No. 2 House Concurs 103-013-000
5/30/2025HouseSenate Committee Amendment No. 2 Motion to Concur Recommends Be Adopted Judiciary - Criminal Committee; 015-000-000
5/29/2025HouseSenate Committee Amendment No. 2 Motion to Concur Rules Referred to Judiciary - Criminal Committee
5/28/2025HouseAdded as Alternate Co-Sponsor Sen. Graciela Guzmán
5/27/2025SenateSenate Committee Amendment No. 2 Motion to Concur Referred to Rules Committee
5/23/2025HouseSenate Committee Amendment No. 2 Motion Filed Concur Rep. Maura Hirschauer
5/23/2025HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 2
5/23/2025HouseArrived in House
5/22/2025HouseSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
5/22/2025SenateThird Reading - Passed; 058-000-000
5/22/2025SenatePlaced on Calendar Order of 3rd Reading May 13, 2025
5/8/2025SenateSecond Reading
5/8/2025SenatePlaced on Calendar Order of 2nd Reading May 8, 2025
5/7/2025SenateDo Pass as Amended Criminal Law; 009-000-000
5/7/2025SenateSenate Committee Amendment No. 2 Adopted
5/6/2025SenateSenate Committee Amendment No. 1 Pursuant to Senate Rule 3-8(b-1), the following amendments will remain in the Committee on Assignments
5/6/2025SenateSenate Committee Amendment No. 2 Assignments Refers to Criminal Law
5/6/2025SenateSenate Committee Amendment No. 2 Referred to Assignments
5/2/2025Senate
Bill Text
Engrossed
Enrolled
House Amendment 1
Introduced
Senate Amendment 1
Senate Amendment 2
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