Criminal Justice

Creates the Emerging Adult Criminal Justice Task Force Act. Establishes the Emerging Adult Criminal Justice Task Force within the Illinois Criminal Justice Information Authority. Provides that the Task Force shall hold public meetings. Requires at least 3 meetings of the Task Force to be held in different regions of Illinois. Provides that the first meeting of the Task Force shall be held within 60 days after the appointment of its members. Provides that the Task Force shall review Illinois law and practices affecting emerging adults across pretrial, sentencing, corrections, supervision, and reentry. Provides that the Task Force shall develop recommendations for statutory, policy, and programmatic improvements to the Illinois criminal justice system. Allows any Task Force member to prepare a written dissent or statement of concern regarding any finding or recommendation. Provides that the Task Force shall submit an interim report summarizing preliminary findings, analyses, and recommendations, to the Governor and the General Assembly, no later than January 31, 2027. Provides that the Task Force shall submit a final report, including all final findings and recommendations, draft statutory language, and estimated fiscal impacts, no later than December 1, 2027. Repeals the Act on June 30, 2028. Effective immediately.

Amends the Unified Code of Corrections. Provides that a person who is serving a term of mandatory supervised release shall receive one day of additional supervision credit for each day of his or her mandatory supervised release term. Provides that each day of supervision credit shall reduce by one day the person's period of mandatory supervised release. Provides that if prior to expiration or termination of the term of mandatory supervised release, a person violates a condition set by the Prisoner Review Board or a condition of mandatory supervised release to govern that term, the Board may extend the term of mandatory supervised release by revoking supervision credit earned.

Amends the Juvenile Court Act of 1987. In the Abused, Neglected, or Dependent Minors Article of the Act, provides that an environment is injurious to the minor's welfare if conditions in the child's environment create a real, significant and imminent likelihood of harm to the child's health, well-being, or welfare and the parent or caretaker blatantly disregarded his or her parental responsibility to prevent or mitigate such harm consistent with the health, safety, and best interests of the minor to remain in the custody of a parent, guardian, or custodian who experienced domestic violence unless the court determines the parent, guardian, or custodian who experienced domestic violence has committed acts or omissions unrelated to domestic violence against that parent, guardian, or custodian resulting in a determination of abuse or neglect under the Act. Provides that in making a custody determination, the court shall presume that it is consistent with the health, safety, and best interests of the minor to remain in the custody of a parent, guardian, or custodian who experienced domestic violence, unless the court has determined that the parent, guardian, or custodian who experienced domestic violence has committed acts or omissions unrelated to domestic violence against that parent, guardian, or custodian that is sufficient to independently support a determination of abuse or neglect under the Act. Defines "domestic violence".

Amends the Code of Criminal Procedure of 1963. Changes the definitions of "harassment" to include, among other actions, doxing, electronic tracking, and nonconsensual creation, dissemination, or threatening the dissemination of electronically generated or digitally altered content pertaining to the petitioner. Requires a county (not just counties with more than 250,000 in population) to provide remote access to a hearing on a protective order to include relevant witnesses besides the petitioner and respondent. Creates additional remedies for the court to grant in a domestic violence order of protection. Requires that any motion to extend a plenary order must be filed on or before the expiration date, and the plenary order remains in effect after filing until its original expiration date or until the motion is presented or heard, whichever is later. Requires a plenary order to be extended if the court finds that since entry of the plenary order there has been no material change in the relevant circumstances as required by law, and an extension of a plenary order may be granted for any fixed period of time or indefinitely until the plenary order is vacated or modified. Provides that if the motion to extend the plenary order is uncontested, petitioner's motion or affidavit stating that there has been no material change in relevant circumstances since entry of the order and stating the reason for the requested extension is sufficient for the court to extend the plenary order for any length of time, including indefinitely. Provides that the court may grant a contested request for an extension of the plenary order for more than 2 years for good cause. Provides that a violation of the original order or a subsequent incident of abuse is not required to grant the extension or determine the length of the extension, and compliance with the original order does not negate the basis or length of the extension. Amends the Illinois Domestic Violence Act of 1986. Makes conforming changes.

Amends the Unified Code of Corrections. Provides that the annual reports submitted by the Director of Corrections and the Director of Juvenile Justice to the Governor and General Assembly shall include various statistics concerning committed persons aged 18 or older, but younger than 22, who are incarcerated in the Department of Corrections or transferred to Department of Juvenile Justice facilities to participate in the High School Diploma Program.

Amends the Delinquent Minors Article of the Juvenile Court Act of 1987. Adds a Part concerning Fitness to Stand Trial. Specifies the unfitness standard for a minor. Sets forth procedures to raise the issue of the unfitness of a minor. Specifies the burden of proof and a presumption. Provides requirements for a fitness evaluation and hearing to determine the fitness of a minor. Provides the requirements for the services to attain fitness, the period to obtain fitness, initial and subsequent progress reports, periodic hearings, and in-court assistance to render a minor fit. Specifies time credit and sentencing guidelines for a minor who attains fitness. Provides for the legal disposition of a minor if fitness cannot be attained. Creates the Juvenile Discharge Hearing Task Force to examine the juvenile discharge hearing process, compare Illinois' process with those of other states with juvenile fitness standards, and recommend reforms to the process that ensures minors receive meaningful treatment for existing mental health needs. Provides that the recommendations shall include statutory language to update the juvenile hearing discharge process and whether the juvenile discharge hearing should take place on the same timeframe as discharge hearings for adult offenders. Provides that the Task Force may meet in person or virtually and shall issue a written report of its findings and recommendations to the General Assembly on or before July 1, 2027. Repeals task force provisions on January 1, 2028. Contains other provisions. Contains a severability provision. Effective July 1, 2026.

Amends the Code of Criminal Procedure of 1963. Provides that if the court orders an unfit defendant to be placed in the custody of the Department of Human Services, during the period of time required to determine bed and placement availability at the designated facility, the defendant may (rather than shall) remain in jail. Makes technical changes in a provision concerning credit for good behavior.

Amends the Substance Use Disorder Treatment for Criminal Justice Clients Article of the Substance Use Disorder Act. Changes references from "treatment" to "case management" and changes the name of the Article. Provides that nothing in provisions concerning case management shall preclude any individual with a substance use disorder who is charged with or convicted of a crime from receiving case management services with a designated program if such services are ordered by the court. Provides that the court, with the consent of the defendant and the State's Attorney, may, without entering a judgment, sentence the defendant to probation under a provision concerning case management as a condition of probation. Provides that the sentence to probation under the provisions shall not be considered a conviction under Illinois law unless and until judgment is entered upon violation of a term or condition of probation. Provides that, upon fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the proceedings against the person. Provides that case management services by a designated program may be made a condition of pretrial release, and failure to comply with such services may be treated as a violation of a condition of pretrial release. Requires the designated program to make periodic progress reports regarding each such defendant to the appropriate pretrial services agency or Office of Statewide Pretrial Services and to report failures to comply with the requirements of the designated program. Makes conforming and other changes.

Amends the Code of Criminal Procedure of 1963. Provides that any person may file a petition to vacate a conviction or sentence, regardless of criminal custody status or citizenship or immigration status, as defined in the Illinois TRUST Act, if the person asserts that: (1) the conviction or sentence is legally invalid due to prejudicial error damaging the petitioner's ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a conviction or sentence; or (2) newly discovered evidence of actual innocence exists that requires vacation of the conviction or sentence as a matter of law or in the interests of justice. Provides that such a petition shall be deemed timely filed at any time notwithstanding any other provision of law. Provides that the time limitations for petitions filed in the trial court under the Post-Conviction Hearing Article of the Code do not apply to a petition filed under this provision. Amends the Code of Civil Procedure. Provides that a provision granting relief from a final order or judgment entered based on a plea of guilty or nolo contendere and that has potential consequences under federal immigration law applies to orders or judgments entered before, on, or after the effective date of the amendatory Act.

Creates the Emerging Adult Sentencing Act. Provides that upon a conviction by way of plea or otherwise finding of guilt, and with the express agreement of the State's Attorney and the defendant, the court may sentence a defendant who meets the eligibility requirements under the Act to a term of probation to be performed at a community-based residential workforce development center for a period of not less than one year and not more than 3 years in lieu of incarceration in the Illinois Department of Corrections. Provides that the defendant shall be monitored by the adult probation department. Provides that the defendant shall: (1) not violate any criminal statute of the State or any other jurisdiction; (2) refrain from possessing a firearm or any other dangerous weapon; and (3) attend and participate in any program activities as detailed in the individualized service plan. Provides that a defendant is eligible for the program if the defendant is between the ages of 18 through 25, at the time of the commission of the offense, and is convicted of specified felony offenses in which a period of incarceration must be imposed, other than a sentence of natural life. Provides that prior criminal history shall not preclude eligibility for sentencing under the Act. Provides that upon successful fulfillment of the terms and conditions of probation, the court shall discharge the defendant from probation. Provides that if the defendant has not previously been granted a vacation of judgment, upon motion, the court shall vacate the judgment of conviction and dismiss the criminal proceedings against him or her unless, having considered the nature and circumstances of the offense and the history, character, and condition of the individual, the court finds that the motion should not be granted. Effective immediately.