Document Type
Article
Media Type
text
Publication Title
Northern Illinois University Law Review
Abstract
Far too many people in the criminal justice system also face mental illness. The Illinois Mental Health Court Treatment Act was passed in 2009 to help defendants who were facing mental health problems. It provides an alternative adjudication process. Many people who have committed crimes and are facing mental illness need help in ways that the typical criminal justice system cannot provide. Mental health courts can help people in these scenarios by providing alternative sentencing, less punitive sanctions, treatment programs, and many other benefits. Mental health courts provide an option that many people were not privy to until the early 2000s in many states. As a response to the need for more mental health courts, this Note examines in its first section a brief introduction of how mental health courts came to be and some of the benefits. The second section dives into the background and framework of mental health courts in Illinois, including subsections first explaining why specific counties need mental health courts, next providing a solution to the problem, and finally proposing a change in the text. This third section also analyzes the costs of implementing mental health courts in Illinois, and how these concerns are not warranted based on further benefits. The fourth section explains why the Mental Health Court Treatment Act should not exclude violent offenders from participating. The last section briefly concludes these arguments and pleads for a change to the Mental Health Court Treatment Act. The Illinois General Assembly must make a change in the statute to implement greater access to mental health courts by creating them in each county or judicial circuit. Further, the Illinois General Assembly must not exclude violent criminals from participation in mental health courts. These changes will not only be crucial for defendants, but also for the betterment of our society as Illinoisans.
First Page
75
Last Page
105
Publication Date
Fall 2024
Department
College of Law
Recommended Citation
O'Neal, Amelia
(2024)
"Expanding Mental Health Courts in Illinois: How the Illinois Mental Health Court Treatment Act Is Not as Inclusive as It May Appear,"
Northern Illinois University Law Review: Vol. 45:
Iss.
1, Article 4.
