Illinois Mental Health Diversion: Who Qualifies, Felonies & How to Apply
In Illinois, the primary authority for keeping people with mental illness out of jail is 730 ILCS 168 (Mental Health Court Treatment Act). Below: who qualifies, which diagnoses are accepted, whether felony charges can be diverted, what the court process looks like, and links to every Illinois county.
Who qualifies in Illinois?
- A diagnosed mental health condition (see accepted diagnoses below).
- The condition played a role in the alleged offense.
- Treatment in the community is likely to help, and the person agrees to participate.
- The charge is not on Illinois's exclusion list and public safety can be protected.
- The case is in a county that offers a program or docket with available space.
What diagnoses are accepted?
Illinois programs generally focus on serious and persistent mental illness — such as schizophrenia, bipolar disorder, major depressive disorder, PTSD, and schizoaffective disorder — and often accept co-occurring substance use disorders. A recent evaluation by a licensed clinician is usually required.
Can felonies be included?
Yes. The Mental Health Court Treatment Act allows felony and misdemeanor participation, with exclusions for certain violent offenses.
Common exclusions
Charges involving serious violence, sex offenses, firearms, or significant victim injury are commonly excluded, and a lengthy criminal history can count against admission. Prosecutors and judges in Illinois usually weigh public safety heavily.
How the application works in Illinois courts
- 1
Get evaluated
Ask defense counsel to arrange a mental health evaluation from a licensed clinician. Treatment and hospital records help show the diagnosis and how it relates to the charge.
- 2
Request diversion
Admission requires agreement of the prosecutor and the court after a clinical assessment.
- 3
Present a treatment plan
The court reviews a proposed plan — therapy, medication management, case management, housing support — and whether community treatment is safe and likely to work.
- 4
Court decides and sets conditions
If accepted, prosecution is paused (or a plea is held) while you follow the plan, attend status hearings, and stay arrest-free.
- 5
Complete the program
Successful completion commonly leads to dismissal or a reduced charge, and may open the door to sealing or expungement (see 725 ILCS 5/104-10 (fitness)). Failing to comply can return the case to regular prosecution.
How long it lasts: Most Illinois diversion and mental health court programs last roughly 12 to 24 months, depending on the charge and progress in treatment.
Statutes for mental health diversion in Illinois
- 730 ILCS 168 — Mental Health Court Treatment Act
- 725 ILCS 5/104-10 (fitness)
- 20 ILCS 2630/5.2 (sealing)
Citations and summaries pending attorney review. Always confirm current code sections.
Illinois mental health diversion FAQ
Who qualifies for mental health diversion in Illinois?
Generally, a person with a diagnosed mental health condition that contributed to the charge, who is willing to follow treatment, and whose charge is not excluded. 730 ILCS 168 (Mental Health Court Treatment Act) is the main authority.
Can felonies get mental health diversion in Illinois?
Yes. The Mental Health Court Treatment Act allows felony and misdemeanor participation, with exclusions for certain violent offenses.
What diagnoses are accepted in Illinois?
Illinois programs generally focus on serious and persistent mental illness — such as schizophrenia, bipolar disorder, major depressive disorder, PTSD, and schizoaffective disorder — and often accept co-occurring substance use disorders. A recent evaluation by a licensed clinician is usually required.
How long does mental health diversion last in Illinois?
Most Illinois diversion and mental health court programs last roughly 12 to 24 months, depending on the charge and progress in treatment.
Will my charges be dismissed if I finish the program?
Successful completion commonly leads to dismissal or a reduced charge, and may open the door to sealing or expungement (see 725 ILCS 5/104-10 (fitness)). Failing to comply can return the case to regular prosecution.
Do I need a lawyer to apply for diversion in Illinois?
It is strongly recommended. A defense attorney can obtain an evaluation, negotiate with the prosecutor, and present the treatment plan. If you cannot afford one, ask the court for a public defender.
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