HB 240 includes a provision that would allow the Illinois Department of Human Services (DHS) to forego the transfer of criminal defendants with mental health disabilities from counties when DHS has insufficient beds and staff to receive the defendants. Consequently, these criminal defendants would remain the responsibility of the county despite the fact that county jails are not equipped to provide the space or mental health services required by the defendants. This provision would only be applicable to individuals committing no more than a misdemeanor offense.