Existing alternatives to incarceration: Mental Health Court Treatment Act

Summary—the basics  

Illinois currently has three statutes outlining alternatives to incarceration and eligibility for those programs. These statutes include:

Mental health courts and drug courts can be pre-adjudication, post-adjudication, or a combination of the two. They must be developed and operated by the judicial circuit; however, there may be multiple specialty courts within a circuit depending on size of the circuit and need.

There must be agreement between the court, prosecutor, and defendant before enrollment in a drug court or mental health court.   

730 ILCS 168 et. seq.– Mental health court treatment act

Purpose of mental health courts:


Definition of mental health court:

Types of mental health courts:

Eligibility for mental health courts:

Procedure of mental health courts:

Substance abuse:
Mental health courts may collaborate with drug courts. Any substance abuse treatment program must meet all the rules in Parts 2030 and 2060 of Title 77 of the Illinois Administrative Code.

Violation and revocation

Mental health court treatment act program ineligible offenses

The following offenses are statutorily ineligible for participation in mental health court programs. Ineligibility for mental health court programs does not necessarily preclude eligibility for other diversion programs. Please consult with a State’s Attorney or other legal counsel to determine individual eligibility.