SPRINGFIELD –State Senator Karina Villa passed a measure through the Senate to address the mental health concerns of defendants who have been determined to be unfit for trial languishing in county jails.

“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.”

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.

“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.”

House Bill 3572 passed the Senate on Thursday.