Criminal Justice

Amends the Officers and Employees Article of the Counties Code. Allows public defenders who are representing a client in a criminal case to also represent the client in summary suspension or revocation hearings under a specified provision in the Illinois Vehicle Code.

Amends the Law Enforcement Officer-Worn Body Camera Act. Provides that a law enforcement agency shall disclose a recording made with the use of an officer-worn body camera, upon request, to (i) the subject of the encounter captured on the recording, (ii) the legal representative of the subject of the encounter captured on the recording, (iii) the officer who wore the camera that made the recording, (iv) the legal representative of the officer who wore the camera that made the recording, (v) a person who has written permission from the subject of the encounter to receive the recording, or (vi) a person who has written permission from the officer who wore the camera that made the recording to receive the recording. Provides that all recordings made with an officer-worn body camera may (rather than must) be destroyed after 90 days, unless any encounter captured on the recording has been flagged. Makes changes to the definition of "law enforcement officer" in the Act. Amends the Eavesdropping Article to the Criminal Code of 2012. Provides that recordings made in accordance with the Law Enforcement Officer-Worn Body Camera Act are exempt from the Article. Effective immediately.

Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. In provisions concerning applicants with criminal convictions, requires the Department of Financial and Professional Regulation to consider various factors when considering whether a prior conviction is directly related to the ability of an applicant to safely perform the duties, functions, and responsibilities of the position (instead of whether a prior conviction will impair the ability of the applicant to engage in the practice). Removes the requirement that a person who is licensed or registered to engage in any of the professions licensed or registered by the Department be of good moral character. Prohibits the Department from using a vague term in its consideration of a criminal record and decision regarding whether a criminal record is disqualifying for licensure, certification, or registration, including, but not limited to, "good moral character", "moral turpitude", or "character and fitness". Makes other changes. Amends the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985. Provides that no application shall be automatically placed on hold, delayed, denied, or otherwise not processed by the Department because it was submitted by a person who is incarcerated. Provides that when determining the qualifications for a license, the Department shall include practice that is supervised by a licensee while a person is incarcerated.

Creates the Permanent Punishment Review Task Force Act. Establishes the Permanent Punishment Review Task Force. Provides for the Task Force's appointment and membership. Provides that the Illinois Criminal Justice Information Authority shall provide administrative and other support to the Task Force. Provides that the Illinois Criminal Justice Information Authority may collaborate with the co-chairing organization to help provide this support. Provides that the duties of the Task Force include: (1) researching and analyzing the statutory permanent punishments under Illinois law; (2) identifying factors and data relevant to determining whether a permanent punishment should be modified or eliminated based on available scholarship; (3) identifying or developing models, or both, for periodic, systematic review of Illinois's permanent punishment laws; (4) analyzing such models, including potential funding requirements, and proposing recommendations to the General Assembly; and (5) issuing a report, on or before January 1, 2028, setting forth those recommendations and summarizing the research and findings of the Task Force. 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 January 1, 2028, after which the Task Force is dissolved. Repeals the Act on July 1, 2028. Effective immediately.

Amends the County Department of Corrections Division of the Counties Code, the Unified Code of Corrections, and the County Jail Act. Provides that, upon the release of a prisoner or committed person from a county correctional institution, county jail, or Department of Corrections correctional institution or facility, the sheriff, warden, or Department shall provide the prisoner or committed person with an opioid antagonist if the prisoner was incarcerated for drug-related charges or was identified as having a substance use disorder.

Amends the Unified Code of Corrections. Provides that the Department of Corrections shall create and implement, on January 1, 2027, a pilot program to establish the effectiveness of long-acting injectable medications for opioid use disorders for persons committed to its custody who suffer from opioid use disorders. Provides that the pilot program shall require long-acting injectable medications for opioid use disorders to be used in at least one Department of Corrections facility. Provides that the Director may expand the pilot program to include an additional facility or facilities as he or she deems appropriate. Provides that a minimum of 4,000 administrations of long-acting injectable medications for opioid use disorders shall be included in the pilot program. Provides that the Department shall develop a plan to facilitate access to continued treatment for opioid use disorders in the community following the release of a person participating in the pilot program, including, but not limited to, a referral to a harm reduction provider. Provides that the Department must report to the General Assembly on the effectiveness of the program by January 1, 2028. Effective immediately.

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 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".

Creates the Incarceration Demographic Data Transparency Act. Provides that for each person confined for any length of time in a State correctional institution or county jail demographic data shall be collected. Provides that the data shall consist of the race, ethnicity, and gender of confined persons. Provides that the Department of Corrections shall establish uniform statewide standards for the collection of demographic data that: (1) are consistent with applicable federal civil rights reporting requirements; (2) promote accuracy and consistency across jurisdictions; and (3) protect the dignity, privacy, and safety of confined individuals. Provides that the Department shall collect and maintain demographic data for all covered individuals confined in State correctional facilities. Provides that each county sheriff shall collect demographic data for covered individuals confined in county jails and shall submit such data to the Department in the form and manner prescribed by the Department. Provides that demographic data shall be submitted and reported at least quarterly and shall include: (1) snapshot population counts; and (2) admissions and releases occurring during the reporting period. Provides that the Department shall publish demographic data collected under the Act on a publicly accessible website in a searchable and downloadable manner. Provides that publicly reported data shall: (1) be aggregated and de-identified; and (2) exclude or suppress categories where disclosure would create a reasonable risk of identifying an individual. Provides that nothing in the Act authorizes the public release of personally identifiable information. Provides that the Department shall oversee implementation and compliance with the Act and provide guidance, reporting templates, and technical assistance to county sheriffs as necessary to implement the Act. Provides that the implementation of the Act is subject to appropriation. Provides that no criminal penalty shall apply to good-faith errors, technical mistakes, or omissions that are promptly corrected upon notice. Provides that the criminal penalties provided in this provision do not preclude administrative sanctions, civil penalties, injunctive relief, or other remedies authorized by law.

Creates the DUI Treatment Court Act. Provides that the Chief Judge of each judicial circuit may establish a DUI court program in compliance with the Problem-Solving Court Standards. Provides that, at the discretion of the Chief Judge, the DUI court program may be operated in one or more counties of the circuit. Allows defendants from all counties within the circuit to participate. Provides that DUI court programs must be certified by the Illinois Supreme Court. Provides that persons who committed specified offenses are excluded from the DUI court program. Provides that a judge assigned to preside over a DUI treatment court shall have experience, training, and continuing education in specified topics. Provides, subject to appropriation, for mandatory education seminars for DUI court prosecutors and public defenders. Provides that a defendant may be admitted into a DUI court program upon the consent of the defendant and with the approval of the court only if the person has been charged with driving under the influence or aggravated driving under the influence. Provides that, subject to certain limitations, the court may vacate or successfully terminate the participant's sentence or otherwise discharge the participant from any further proceedings upon successful completion of the terms and conditions of the program.