SPRINGFIELD – A new law led by State Senator Karina Villa addresses the mental health concerns of defendants who have been determined to be unfit for trial languishing in county jails.
“Ensuring timely mental health assessments for individuals unfit for trial is key to preventing worse mental health outcomes and reducing costly delays across our justice system,” said Villa (D-West Chicago). “Connecting people with mental health needs to appropriate services sooner will shorten time individuals go without care, increase access to fair and informed proceedings, and deliver a more compassionate approach to justice.”
The new law clarifies standards to determine whether someone unfit to stand trial should be diverted to outpatient state mental health treatment programs. Additionally, the law lays out a process for reducing the maximum time a person placed in inpatient treatment spends in custody through earned credit for good behavior. This will ensure individuals who are unfit for trial do not spend more time in confinement than fit people who were convicted of similar offenses.
According to the Cook County Public Defender, on any given day, approximately 190 people in county jails are awaiting admission to the Illinois Department of Human Services’ Forensic Treatment Program, and another 100+ people are awaiting evaluation.
“By ensuring consistent mental health assessments for those awaiting trial, we can significantly reduce delays in our justice system across the state,” said State Representative Maura Hirschauer (D-Batavia). “Connecting those with mental health needs to the right programs will streamline mental fitness evaluations, leading to fewer people having lengthy jail stays and freeing up much needed resources for our correctional institutions.”
House Bill 3572 was signed into law on Friday.
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