Criminal Justice

Amends the Court of Claims Act. Provides that the Court of Claims has exclusive jurisdiction to hear all claims against the State for time unjustly served in State prisons, in county jails, in county juvenile detention facilities, or in Illinois Youth Centers, on parole or probation, or registered as a sex offender if the person was unjustly convicted or adjudicated a delinquent and received a pardon from the Governor on the ground of innocence of the crime for which the person was convicted or adjudicated a delinquent or the person received a certificate of innocence. Removes language providing the amount of the award the court may give for a successful claim. Provides instead that the court shall make an award of $50,000 per year during which the person was wrongfully incarcerated and $25,000 for each year during which the person was wrongfully on parole or probation or required to register as a sex offender. Provides that the changes made by the amendatory Act apply to claims pending or filed on or after the effective date of the amendatory Act. Amends the Code of Civil Procedure. Allows any person who is convicted or adjudicated a delinquent and then serves any part of a sentence of incarceration in a State prison, in a county jail, in a county juvenile detention facility, or in a Illinois Youth Center, on parole or probation, or registered as a sex offender (rather than convicted and subsequently imprisoned) for one or more felonies by the State that the person did not commit may file a petition for certificate of innocence. Requires the court to make an award of reasonable attorney's fees, costs, and expenses after awarding a certificate of innocence. Provides that any person seeking a certificate of innocence based on the dismissal of a juvenile delinquency petition or an acquittal that occurred before the effective date of the amendatory Act shall file a petition within 4 years after the effective date of the amendatory Act, and any person seeking a certificate of innocence based on the dismissal of a juvenile delinquency petition or an acquittal that occurred on or after the effective date of the amendatory Act shall file a petition within 2 years after the dismissal or acquittal. Effective immediately.

Provides that the Act may be referred to as the Eddie Thomas Act. Amends the Unified Code of Corrections. Provides that no later than December 1 of each year, the Department of Corrections shall prepare a report to be published on its website that contains, at a minimum, the following information about hospice and palliative care in its institutions and facilities during the prior fiscal year: (1) demographic data of committed persons who received hospice and palliative care; (2) data on the number of committed persons in the Department's hospice and palliative care programs; (3) data on the timing of hospice and palliative care programming; (4) the number of committed persons in the custody of the Department who died; (5) policies and administrative directives of each Department institution and facility regarding the institution of hospice and palliative care; (6) the staff available for hospice and palliative care; and (7) the cost of the Department's hospice and palliative care programs. Provides that all such data shall be anonymized to protect the privacy of the committed persons involved in the hospice and palliative care programs.

HB 1968 proposes to appropriate $2 from the General Revenue Fund to the Illinois State Police. These funds are designated to cover the department's ordinary and contingent expenses for Fiscal Year 2026, with an effective date of July 1, 2025.

Amends the Unified Code of Corrections. Provides that the Department of Corrections shall ensure that a committed person and the committed person's correspondents are not charged any fee, surcharge, or cost for mail communication or mail scanning services that exceed the standard postage rate set by the United States Postal Service. Provides that the Department shall not charge the committed person or correspondent any fee, surcharge, or cost for any incoming mail addressed to and received by the committed person, including any material received through mail scanning services. Provides that the Department shall not charge the committed person any fee, surcharge, or cost for outgoing mail delivery or mail scanning services that exceeds the postage rate set by the United States Postal Service for any outgoing mail. Provides that the Department or any third-party vendor that the Department contracts with, shall not impose any fee, surcharge, or cost to the committed person above the United States Postal Service rate for mail communication, including the delivery or scanning of mail. Provides that the Department shall not use the provision of voice communication services, mail communication, mail scanning services, or any other communication services to supplant in-person contact visits. Provides that the Department shall not receive revenue, directly or indirectly, from the provision of voice communications, mail communication, mail scanning services, or other communication services to a person in custody in any institutions and facilities of the Department. Provides that beginning July 1, 2027, the Department shall annually report to the General Assembly on the status of any communication services contracts and plans to consolidate contracts to maximize purchasing power for voice communication services, mail communication services, and all other communication services. Provides that the Department shall post the report on its website. Effective immediately.

Amends the Substance Use Disorder Act. Provides that disclosure of nonexempt records protected under the Act may be disclosed for research activities under the Domestic Violence Fatality Review Act. Amends the AIDS Confidentiality Act and the Mental Health and Developmental Disabilities Confidentiality Act. Provides that staff and any designee of the Illinois Criminal Justice Information Authority, members of the Ad Hoc Statewide Domestic Violence Fatality Review Committee of the Illinois Criminal Justice Information Authority Board, and the regional domestic violence fatality review teams are entitled to receive, inspect, copy, and share HIV-related information of any person subject to a domestic violence fatality review as part of and in accordance with the provisions of the Domestic Violence Fatality Review Act. Provides that the information disclosed is subject to the confidentiality requirements of the Domestic Violence Fatality Review Act. Effective immediately.

Amends the Unified Code of Corrections. Creates the Tamms Minimum Security Unit Task Force. Provides for membership on the Task Force. Provides that the Task Force shall study the subject of a practical, efficient, and beneficial repurposing of the Tamms Minimum Security Unit and its property for the benefit of the public, including the possibility of providing mental health services, health services, public safety, law enforcement training purposes, fire services, medical training and any other option for repurposing that the Task Force deems appropriate. Provides that each member of the Task Force shall serve without compensation. Provides that the Task Force shall meet 2 times per year or at the call of the Chairperson. Provides that the Department of Corrections shall provide administrative support to the Task Force. Provides that the Task Force shall submit a report to the Governor and the General Assembly on or before December 31, 2025 with its recommendations and is dissolved on January 1, 2026. Repeals these provisions on January 1, 2026. Effective immediately.

Amends the Illinois Municipal Code. Removes provisions allowing a municipality to evaluate a police officer based on the police officer's points of contact.

Amends the Co-Responder Pilot Program Division of the Illinois Municipal Code. Adds the McHenry County Sheriff's Office to the offices to which the Division is applicable and requires the Office to establish a co-responder unit no later than 6 months after the effective date of the amendatory Act and hire specified personnel. Makes conforming changes, including in the Counties Code. Provides that, along with the duties described elsewhere in the Division, the unit's social workers are responsible for following up with victims (rather than conducting follow-up visits for victims) who may benefit from mental or behavioral health services.

Amends the Law Enforcement Officer-Worn Body Camera Act. Provides that an auxiliary officer is a law enforcement officer for purposes of the Act. Amends the Law Enforcement Camera Grant Act. Specifies that the Illinois Law Enforcement Training Standards Board must make grants to units of local government in Illinois and Illinois public universities for, among other things, purchasing or leasing officer-worn body cameras and associated technology for auxiliary officers and training auxiliary officers. Defines "auxiliary officer" for purposes of both Acts.

Amends the Illinois Insurance Code. In a provision requiring policies of group accident and health insurance to provide coverage for certain examination and testing services provided to a victim of specified criminal offenses, prohibits the policy from imposing a deductible, coinsurance, copayment, or any other cost-sharing requirement on the coverage provided, except to the extent that the coverage would disqualify a high-deductible health plan from eligibility for a health savings account under the Internal Revenue Code. Effective January 1, 2026.