CRIM PRO-MISDEMEANANT PROGRAM

Amends the Code of Criminal Procedure of 1963. Provides that a defendant charged with one or more misdemeanors and for whom a court has determined under the Code 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 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 her or his safety and that of the public and her or his continued participation in treatment. Provides that if, following this screening, the court determines that the defendant is appropriate for diversion, the criminal charges may be dismissed with or without prejudice. 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. Makes other changes. House Floor Amendment No. 1 Deletes reference to: 725 ILCS 5/Art. 104A heading new 725 ILCS 5/104A-1 new 725 ILCS 5/104A-2 new 725 ILCS 5/104A-3 new 725 ILCS 5/104A-4 new Adds reference to: 20 ILCS 3930/7.7 725 ILCS 5/109-1 from Ch. 38, par. 109-1 725 ILCS 185/7 from Ch. 38, par. 307 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 730 ILCS 5/5-8A-4 from Ch. 38, par. 1005-8A-4 730 ILCS 5/5-8-9 new Replaces everything after the enacting clause. Amends the Illinois Criminal Justice Information Act. Provides that the Pretrial Practices Data Oversight Board shall start collection of quarterly, county-level data on specified topics on July 1, 2023. Amends the Code of Criminal Procedure of 1963. Provides that a law enforcement officer shall issue a citation in lieu of custodial arrest, upon proper identification, for a person accused of traffic offense, a Class B misdemeanor, a Class C misdemeanor, a petty offense, or a business offense, unless the law enforcement officer, in the law enforcement officer's discretion, reasonably determines the accused: (1) poses a specific, real, and present threat to the safety of the community or any person or persons; or (2) has a medical or mental health issue that poses a risk to the safety of the accused. Amends the Pretrial Services Act. Removes language requiring that pretrial services agencies to submit findings and recommendations to assess the need or financial security to assure the defendant's appearance at later proceedings. Amends the Unified Code of Corrections. Provides that language concerning the imposition of a mandatory supervised release term for a Class 3 or Class 4 felony takes effect on March 1, 2023 (instead of July 1, 2022). Creates the Commission on Pretrial Implementation within the Illinois Sentencing Policy Advisory Council; sets membership of the Commission and provides reporting requirements. In provisions concerning electronic monitoring and home detention, requires that a person ordered to pretrial home confinement must be provided with movement spread out over no fewer than 2 periods (instead of 2 days) per week. Provides that the Sentencing Policy Advisory Council shall provide administrative support to the Commission. Provides that the periods of time shall be determined by the supervising authority and authorizes the supervising authority to monitor the participant's location during any period of authorized movement. Provides that if a person on pretrial home confinement is charged with a forcible felony, the State may file a verified motion to deny the participant movement. Requires the court to hold a hearing and provides that the court shall grant the motion only if the court finds by clear and convincing evidence that, based on the totality of the circumstances, movement should be denied. Effective immediately.