Criminal Justice (Drug Policy)

Amends the Code of Criminal Procedure of 1963. Provides that upon verified petition by the State, the court shall hold a hearing and may deny a defendant pretrial release if the defendant is charged with any of the following offenses, and it is alleged that the defendant's pretrial release poses a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case: (1) aggravated driving under the influence for a third or subsequent time; (2) manufacture or delivery, or possession with intent to manufacture or deliver, an amount of a controlled or counterfeit substance, not otherwise specified in the statute, containing dihydrocodeine or classified in Schedule I or II, or an analog of those substances that is: (i) a narcotic drug, (ii) lysergic acid diethylamide (LSD) or an analog of those substances, (iii) any substance containing amphetamine or fentanyl or any salt or optical isomer of amphetamine or fentanyl, or an analog of those substances, or (iv) any substance containing N-Benzylpiperazine (BZP) or any salt or optical isomer of N-Benzylpiperazine (BZP), or an analog of those substances; or (3) possession of any amount of fentanyl.

Amends the Unified Code of Corrections. Provides that the Department of Corrections shall ensure all persons under its care are assessed for substance use disorder, as defined in the Substance Use Disorder Act. Provides that this process includes screening and assessment for opioid use disorders. Provides that for a committed person diagnosed with opioid use disorder, the Department shall offer, or facilitate access to, all medication-assisted treatment options deemed appropriate by an authorized health care professional. Provides that the Department shall not impose limitations on the types of medication assisted treatment that may be recommended by an authorized health care professional as part of a treatment plan. Provides that an individual receiving medication-assisted treatment prior to being committed to a Department of Corrections facility shall be entitled to, upon request, continue such treatment in the medication assisted treatment program for any period of time deemed medically necessary by an authorized health care professional. Provides that no person shall be denied participation in medication-assisted treatment program on the basis of a positive drug screening upon entering the Department's custody; nor shall any person receive a disciplinary infraction for such positive drug screen. Provides that no person shall be denied participation in medication-assisted treatment based on prior success or failure of any medication-assisted treatment program. Provides that for each Parole District, the Department shall develop a plan to facilitate access to medication-assisted treatment for persons diagnosed with opioid use disorder in the community following release. Provides that the Department may adopt rules for the implementation of these provisions. Effective January 1, 2027.

Amends the State Finance Act. Creates the Prison Education Fund. Provides that moneys in the Prison Education Fund shall be used by the Illinois Community College Board and the Board of Higher Education to make grants to prison education programs that award associate degrees or bachelor's degrees to currently incarcerated students. Makes changes concerning the allocation of money from the Cannabis Regulation Fund. Provides that 0.5% of the moneys in the Cannabis Regulation Fund, after certain allocations have been made, shall be transferred from the Cannabis Regulation Fund to the Prison Education Fund.

Amends the Code of Criminal Procedure of 1963. Provides that notwithstanding any other provisions of the Code, if the defendant is charged with a violation of the Illinois Controlled Substances Act involving the manufacture or delivery, or possession with intent to manufacture or deliver, a controlled substance, a counterfeit substance, or controlled substance analog of 15 grams or more of a substance containing fentanyl, or an analog thereof, then the burden of proof is on the defendant to show by clear and convincing evidence that the defendant's pretrial release does not pose a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case.

Provides that the Act may be referred to as the Responsible Gun Manufacturing Act. Amends the Criminal Code of 2012. Provides that a person commits the offense of unlawful possession of weapons when the person knowingly manufactures, sells, or offers to sell, purchases, receives, manufactures, imports, or transfers a convertible pistol. Establishes penalties. Provides exemptions. Provides that a machine gun also includes any convertible pistol equipped with a switch. Defines "convertible pistol", "switch", and "common household tool". Contains a severability provision.

Amends the State Finance Act. Creates the Prison Education Fund. Provides that moneys in the Prison Education Fund shall be used by the Illinois Community College Board and Illinois Board of Higher Education to make grants to prison education programs that award associate degrees or bachelor's degrees to currently incarcerated students. Makes changes concerning the allocation of money from the Cannabis Regulation Fund. Provides that 0.5% of the moneys in the Cannabis Regulation Fund, after certain allocations have been made, shall be transferred from the Cannabis Regulation Fund to the Prison Education Fund.

Provides that the Act may be referred to as the Responsible Gun Manufacturing Act. Amends the Criminal Code of 2012. Provides that a person commits the offense of unlawful possession of weapons when the person knowingly manufactures, sells, or offers to sell, purchases, receives, manufactures, imports, or transfers a convertible pistol. Establishes penalties. Provides exemptions. Provides that a machine gun also includes any convertible pistol equipped with a switch. Defines "convertible pistol", "switch", and "common household tool". Contains a severability provision.

Amends the Criminal Code of 2012. Increases, by one class, the penalties for the unlawful possession of nitrous oxide or any substance containing nitrous oxide. Increases, by one class, the penalties for intentionally manufacturing, delivering, or possessing with intent to manufacture or deliver nitrous oxide for any prohibited purpose.

Amends the Freedom of Information Act. Provides that records in the possession of any public body created in the course of administrative enforcement proceedings, and any law enforcement or correctional agency for law enforcement purposes, that contain the name, address, or other identifying information or contact information of a person who is under the age of 18 years old and who is a victim of sexual abuse, sexual assault, or sexual violence are exempt from inspection and copying under certain provisions regarding a public body redacting the exempt information.

Amends the Unified Code of Corrections concerning executive clemency. Provides that, upon request, the Department of Corrections shall provide disciplinary records of the petitioner to the State's Attorney of the county in which the conviction had been entered. Provides that any State's Attorney provided disciplinary records of a petitioner is prohibited from disseminating the disciplinary records or their contents. Provides that the records and the information contained in the records may only be disclosed as part of a response to a petition for clemency or during a related clemency hearing. Provides that upon an application for compassionate release, the Department of Corrections shall provide the State's Attorney serving the county in which the applying petitioner's conviction was entered with a copy of the petitioner's complete disciplinary files and complete medical file and any evaluations, whether by prison medical staff or outside medical providers, which form the basis for the petitioner's application for compassionate release. Provides that the records shall remain in the exclusive possession of the State's Attorney and shall not be disclosed other than in hearings on compassionate release or written responses to the petitioner's compassionate release petition.