SPRINGFIELD – To meet the needs of defendants who have been determined to be unfit for trial languishing in county jails, State Senator Karina Villa advanced a measure Tuesday.

“As is, our justice system is unable to care for every individual living with mental health conditions who is unfit for trial which leads to people being sent to jail rather than receiving the treatment they need to undergo fair court proceedings,” said Villa (D-West Chicago).“Modeling best practices within the criminal justice system and focusing on effective rehabilitation efforts will result in better mental health outcomes for impacted individuals.”

House Bill 3572 would clarify standards to determine whether someone unfit to stand trial should be diverted to outpatient state mental health treatment programs.

Additionally, the bill lays out a process for reducing the maximum time in custody of an individual placed in inpatient treatment by earning credit for good behavior. The goal is to 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.

“Keeping people in custody in limbo imposes a substantial burden on correctional and mental health facilities as well as the court system, all while individuals in need of treatment do not receive it,” said Villa. “The lack of timely transfer to mental health programs often has negative consequences on a person’s condition and these people deserve access to adequate treatment.”

House Bill 3572 passed the Senate Criminal Law Committee on Tuesday.