Illinois Legislation Seeks to Enhance Mental Health Care for Defendants Found Unfit to Stand Trial

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Illinois State Senator Karina Villa has advanced legislation aimed at improving mental health care for defendants found unfit to stand trial. House Bill 3572 clarifies when such individuals should be diverted from jail to outpatient mental health treatment. The measure also introduces a process allowing those in inpatient treatment to earn reduced custody time for good behavior. Villa highlighted that nearly 190 people in Cook County are waiting for state forensic treatment, with many others awaiting evaluation. The bill seeks to prevent prolonged jail time for those needing care, addressing both patient outcomes and the burden on correctional and mental health systems.

“Our justice system is not equipped to care for every individual deemed unfit for trail in need of mental health treatment, resulting in worse mental health outcomes for these individuals,” said Villa (D-West Chicago). “This not only inhibits a person’s right to due process and a fair trial, but further increases the chances of an individual remaining in the system.”

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.”

“As waiting periods for treatment are prolonged, a person’s condition worsens and due to the lack of space, these defendants ultimately end up in jail,” said Villa. “Reform is needed to ensure these individuals do not go without care and to alleviate the load our correctional and mental health facilities and court system are facing.”

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