Criminal Justice

Amends the Unified Code of Corrections. Provides that notwithstanding any prior exclusion, any person incarcerated under an indeterminate sentence on the effective date of the amendatory Act whose minimum term was 20 years or more as of February 1, 1978, may elect to be resentenced under the 1978 determinate sentencing law. Provides that the election must be made in writing to the Department of Corrections, which shall inform all eligible persons within 60 days after the effective date of the amendatory Act. Provides that the Department of Corrections shall provide all necessary forms and assistance to eligible persons. Provides that upon election, the person's indeterminate sentence shall be converted to a determinate sentence consistent with the 1978 sentencing structure and the offense for which the person was convicted. Provides that time served shall be applied retroactively, and the person shall be credited with all sentence credits and earned time applicable under the law in effect since the date of original commitment. Provides that any person whose recalculated determinate sentence has been fully served shall be immediately released to a mandatory supervised release term under the terms applicable to the offense class and sentence length at the time of original sentencing. Provides that the Prisoner Review Board shall schedule hearings for eligible persons who elect the option within 180 days after receiving their request. Provides that thereafter, continued review shall occur no less frequently than every 12 months, unless earlier action is deemed by the Board to be appropriate. Provides that nothing in the provision shall be construed to require parole or mandatory supervised release for any person who does not elect the option, or who is otherwise ineligible. Effective immediately.

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.

Amends the Unified Code of Corrections. Provides that notwithstanding any prior exclusion, any person incarcerated under an indeterminate sentence on the effective date of the amendatory Act whose minimum term was 20 years or more as of February 1, 1978, may elect to be resentenced under the 1978 determinate sentencing law. Provides that the election must be made in writing to the Department of Corrections, which shall inform all eligible persons within 60 days after the effective date of the amendatory Act. Provides that the Department of Corrections shall provide all necessary forms and assistance to eligible persons. Provides that upon election, the person's indeterminate sentence shall be converted to a determinate sentence consistent with the 1978 sentencing structure and the offense for which the person was convicted. Provides that time served shall be applied retroactively, and the person shall be credited with all sentence credits and earned time applicable under the law in effect since the date of original commitment. Provides that any person whose recalculated determinate sentence has been fully served shall be immediately released to a mandatory supervised release term under the terms applicable to the offense class and sentence length at the time of original sentencing. Provides that the Prisoner Review Board shall schedule hearings for eligible persons who elect the option within 180 days after receiving their request. Provides that thereafter, continued review shall occur no less frequently than every 12 months, unless earlier action is deemed by the Board to be appropriate. Provides that nothing in the provision shall be construed to require parole or mandatory supervised release for any person who does not elect the option, or who is otherwise ineligible. Effective immediately.

Provides that the Act may be referred to as the Keeping Sex Workers Safe Act. Creates the Sex Workers' Bill of Rights Act. Provides that sex workers shall not be subject to criminal prosecution for engaging in consensual sex work. Provides that law enforcement agencies are prohibited from arresting, charging, or prosecuting individuals solely for performing or engaging in sex work. Provides that sex workers, whether employed, contracted, or self-employed, shall be afforded the same rights and protections as other workers under Illinois law, including, but not limited to: (1) minimum wage and hour protections; (2) protection against discrimination, harassment, and unsafe working conditions; (3) access to workers' compensation and health benefits if applicable; and (4) protection of privacy and freedom from surveillance. Provides that employers, clients, or those benefiting from the services of sex workers must ensure safe working conditions, including protection from violence, exploitation, and human trafficking. Provides that sex workers operating as independent contractors shall be treated as legitimate sole proprietors or businesses under Illinois law. Provides that sex workers have the right to control their work, negotiate fair contracts, and receive payment for their services without interference or exploitation. Provides that sex workers shall not be discriminated against in access to housing, public services, financial services, or healthcare based on their occupation. Provides that all laws protecting workers from discrimination on the basis of sex, race, gender identity, sexual orientation, or other protected characteristics shall apply equally to sex workers. Defines "sex work" and "sex worker". Amends the Criminal Code of 2012. Repeals the offenses of prostitution and patronizing a prostitute. Amends various Acts to make conforming changes. Effective immediately.

Amends the Juvenile Court Act of 1987. Makes technical changes in a provision that states if the minor is in the custody of the Illinois Department of Children and Family Services, pursuant to an order entered under the Delinquent Minors Article of the Act, the court shall conduct permanency hearings as set out in the court review provisions of the Abused, Neglected, or Dependent Minors Article of the Act.

Amends the Stalking No Contact Order Act. Changes the short title of the Act to the Stalking or Harassment No Contact Order Act. Defines "harassment" as violence or threats of violence or death, including a single act, directed at a specific person that would cause a reasonable person to (i) fear for the person's safety, the safety of a workplace, school, or place of worship, or the safety of a third person or (ii) suffer emotional distress. Changes the term "stalking no contact order" to "stalking or harassment no contact order". Makes conforming changes in the following Acts: the Criminal Identification Act; the Firearm Owners Identification Card Act; the Criminal Code of 2012; the Code of Criminal Procedure of 1963; the Rights of Crime Victims and Witnesses Act; the Unified Code of Corrections; the Code of Civil Procedure; the Civil No Contact Order Act; the Crime Victims Compensation Act; the Illinois Domestic Violence Act of 1986; the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act; the Domestic Violence Fatality Review Act; and the Illinois Human Rights Act. Makes other changes.

Amends the Illinois TRUST Act. Provides that law enforcement may not: (i) retain information regarding the citizenship or immigration status or place of birth of any individual; (ii) give any immigration agent access, including by telephone or other communication medium (rather than only including by telephone), to any individual who is in that agency's custody; (iii) permit immigration agents' use of agency facilities or equipment, including any agency electronic databases not available to the public (rather than permit immigration agents use of agency facilities or equipment, including any agency electronic databases not available to the public, for investigative interviews or other investigative or immigration enforcement purpose); or (iv) provide information to any immigration agent regarding any individual in the agency's custody (rather than provide information in response to any immigration agent's inquiry or request for information regarding any individual in the agency's custody). Provides that law enforcement may not enter into or maintain any agreement regarding direct access to any electronic database or other data-sharing platform maintained by a law enforcement agency, or otherwise provide such direct access to a federal entity enforcing civil immigration law or any third parties unless such third parties certify that the information will not be used for civil immigration purposes or knowingly disseminated for any purpose related to civil immigration enforcement. Adds provisions from the Keep Illinois Families Together Act to the Illinois TRUST Act. Changes reporting requirements. Removes certain provisions from the legislative purpose. Changes definitions. Repeals the Keep Illinois Families Together Act. Effective immediately.

Amends the Juvenile Court Act of 1987. Provides that if a minor (1) has previously been placed on probation for an offense that involves the possession or discharge of a firearm not causing any injury; and (2) is convicted of a subsequent offense involving the possession or discharge of a firearm not causing any injury, then the court shall require the minor to participate in social service programs offered through juvenile probation and comply with referral recommendations for no less than 3 months. Provides that if the minor does not complete the referral recommendations, the court shall commit the minor to the Department of Juvenile Justice to complete the recommended services. Provides that a minor convicted of a subsequent offense involving the use of a firearm causing serious injury, great bodily harm, or death shall be committed to the Department of Juvenile Justice with the Department providing services, including, but not limited to, education, mental health services, drug treatment, and mentoring.

Amends the Illinois Domestic Violence Act of 1986. Provides that whenever a law enforcement officer has reason to believe that a person has been abused, neglected, or exploited by a family or household member, the officer shall, if appropriate, arrest the abusing, neglecting, and exploiting party except in situations in which the alleged offending party is a juvenile. Provides that if the alleged offender is a juvenile, then the officer, based on the totality of the circumstances, may choose not to arrest the juvenile and instead may divert the juvenile or may assist the juvenile and his family in finding alternative placement.

Amends the Firearm Owners Identification Card Act. Provides that a person charged with certain weapon-related offenses under the Criminal Code of 2012 and sentenced to the First Time Weapons Offense Program under the Unified Code of Corrections or any other court-ordered diversionary program created by law or by a court of the State of Illinois may submit an application for a Firearm Owner's Identification Card before receiving a court order demonstrating completion of the program. Directs the Illinois State Police to issue a Firearm Owner's Identification Card to such a person upon receiving a court order demonstrating completion of the program, provided the person is otherwise eligible to receive a Firearm Owner's Identification Card. Specifies that a FOID application made under this provision shall be approved or denied within 10 business days of receiving a court order or written notification from a State's Attorney that the person completed a diversionary program.