Gov. JB Pritzker signed a law this summer that public defenders say will better clarify when someone found unfit for trial should undergo outpatient fitness restoration.
The law, which goes into full effect in 2026, prioritizes outpatient care for those with misdemeanor charges unless “treatment on an outpatient basis is reasonably expected to inflict serious physical harm upon the defendant or another.”
The legislation also creates a task force to analyze the fitness to stand trial process and statute in Illinois. The group, which had its first meeting in October, is required to submit a report on its findings and recommendations to the state Supreme Court by November 2026.
The major difference between outpatient and inpatient fitness restoration is the setting, said experts in forensic psychology. Instead of care at a state hospital, outpatient restoration allows defendants – particularly those with nonviolent charges – to remain in their community.
Outpatient treatment can also vary, with medication not being a major focus. Experts said people who are good candidates for outpatient treatment tend to have intellectual disabilities or they are individuals who are generally cooperative with their treatment plans, including taking medication.
Lawyers who support the legislation said it will also help free up inpatient beds, further reducing the state’s ballooning wait list. The new rules also allow defendants the opportunity to reduce the maximum time they are in custody, just like their counterparts who don’t have mental illness.
But outpatient services also have limitations.
“The first problem we generally have with our mentally ill clients is very few … have a support system,” said Mary Copeland, Madison County public defender. “Getting them to even get to the doctor, to get the evaluation, or getting them to the outpatient provider, is really difficult, just the sheer logistics of it.”
Michelle Sanders, Macon County public defender, felt similarly. She said she wasn’t aware of a mental health provider in her area that could offer these services.
DuPage public defenders Kristen Nevdal and Jennifer Maples, who spent years advocating for these changes, acknowledged that these updates are “small.” It will help standardize when outpatient services are being deployed across all counties, they said.
They believe the “whole fitness statute needs a revamp.”
“It’s just the start, honestly,” Nevdal said. “There needs to be a lot more.”
