Restorative Justice and Public Safety

Creates the Equitable Access to Education, Employment, and Training for Incarcerated Individuals with Disabilities Act. Provides that reasonable accommodations for incarcerated individuals with an intellectual disability or a developmental disability shall include a waiver of any requirement that the individual take the Test of Adult Basic Education and receive a passing score, or take and receive a passing score on any other examination or test that the Department may require to determine academic achievement or access to educational programs, work assignments, and vocational programs. Provides that participation in these programs through the Test of Adult Basic Education waiver and other reasonable accommodations shall qualify individuals with an intellectual disability or a developmental disability to earn earned sentence credit, consistent with opportunities provided to other incarcerated individuals. Provides that Department of Corrections staff, including educational personnel, shall receive annual training on: (1) identifying individuals who have an intellectual disability or a developmental disability; (2) providing accommodations and supports to an individual with an intellectual disability or a developmental disability in educational, employment. and vocational settings; and (3) administering appropriate alternative assessments. Provides that staff training programs shall be developed in collaboration with disability advocacy organizations and educational institutions. Provides that the Department shall ensure compliance with federal disability laws, including the Americans with Disabilities Act and Rehabilitation Act of 1973, through the implementation of the Act. Provides that individuals with an intellectual disability or a developmental disability who are denied access to programs or accommodations under the Act may file a grievance through the Department's established grievance procedures. Effective immediately.

Amends the Criminal Code of 2012. Deletes a provision that timely notice to a retail mercantile establishment that is a victim of retail theft, organized retail crime, financial institution fraud, or looting shall include 7 days' notice of any court proceedings. Amends the Code of Criminal Procedure of 1963. Provides that a law enforcement officer may not refuse to complete a written report as required by the Protective Orders Article of the Code on any ground. Provides that a law enforcement officer shall not discourage or attempt to discourage a victim from filing a police report concerning an incident of abuse. Provides for the vacation of a conviction (rather than only prostitution convictions) if the defendant was a victim of human trafficking. Provides that the determination of the motion shall be by a preponderance of the evidence. Provides that evidence demonstrating the defendant's status as a victim of trafficking at the time of the offense shall create a rebuttable presumption that the defendant was a victim of human trafficking at the time of the offense. Provides that, regardless of whether the court grants a motion to vacate the sentence, it may permit the defendant to file an expedited petition for expungement or sealing under the Criminal Identification Act to be heard whenever possible before the same judge to whom the motion to vacate his or her conviction was presented upon 30 days' notice to those entitled to notification of expungement or sealing proceedings. Amends the Sexual Assault Incident Procedure Act. Provides that a law enforcement officer shall not discourage or attempt to discourage a victim from filing a police report concerning sexual assault or sexual abuse. Amends the Illinois Domestic Violence Act of 1986 to make conforming changes.

Amends the Unified Code of Corrections. Provides that a person under 21 years of age at the time of the commission of an offense or offenses, other than first degree murder, shall be eligible for sentencing review after serving 10 years or more of his or her sentence or cumulative sentences. Provides that a person under 21 years of age at the time of the commission of first degree murder shall be eligible for sentencing review after serving 20 years or more of his or her sentence or cumulative sentences, except for those subject to a term of natural life imprisonment under the Code or any person subject to sentencing for first degree murder for killing certain victims committed when the person was under 18 years of age, who shall be eligible for sentencing review after serving 30 years or more of his or her sentence or cumulative sentences. Establishes procedures for filing petitions for sentencing review and the manner in which hearings on those petitions are held. Provides that the Illinois Sentencing Policy Advisory Council shall report on the impact of resentencing motions on the prison population contingent on having sufficient reliable data to support the analysis. Provides that the report shall be due 3 years after the effective date of the amendatory Act. Effective immediately.

This law creates a new program within the Department of Juvenile Justice designed specifically for young adults aged 18 to 22 who are currently held in adult correctional facilities. It allows eligible individuals to be transferred to juvenile facilities to participate in these emerging adult programs, provided the move follows specific federal guidelines. The transfer process requires written approval from the directors of both the Juvenile Justice and Corrections departments, and the two agencies must create an agreement to set rules for who qualifies and how transfers are handled.

Amends the Unified Code of Corrections. Provides that interest or other income which may be earned from moneys deposited with the Department of Juvenile Justice by a resident of the Department of Juvenile Justice shall accrue to the Residents' Benefit Fund (rather than providing that interest or other income from moneys deposited with the Department of Juvenile Justice by a resident of the Department in excess of $200 shall accrue to the individual's account, or in balances up to $200 shall accrue to the Residents' Benefit Fund).