Criminal Justice

Amends the Unified Code of Corrections. Provides that, in addition to the other requirements for eligibility for an electronic monitoring or home detention program, a person serving a sentence for conviction of an offense that is a Class X or Class 1 felony, other than for predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, aggravated criminal sexual abuse, or felony criminal sexual abuse, may be placed in an electronic monitoring or home detention program for a period not to exceed the last 18 (rather than 12 months) of incarceration, provided that the person is 50 (rather than 55) years of age or older.

Amends the Juvenile Court Act of 1987. Defines a guardian ad litem as either (i) an attorney licensed in Illinois to practice law; or (ii) a person who holds at a minimum a bachelor's degree in psychology, psychiatry, social work, education, or any other relevant child-related discipline involving determining a child's best interests. Provides that a guardian ad litem must receive training to ensure the guardian ad litem has a fundamental working knowledge of abuser tactics and its effects on children in domestic violence cases as ordered by the Supreme Court. Requires a guardian ad litem to meet with a child who has been exposed to domestic violence in an age-appropriate manner for at least an hour before the issuance of any judicial decision affecting the parental rights of the child and to meet with the child for at least an hour every 3 months and provide a written update to the court at least every 6 months. Amends the Illinois Marriage and Dissolution of Marriage Act to make conforming changes.

Amends the Arsonist Registry Act, the Sex Offender Registration Act, and the Murderer and Violent Offender Against Youth Registration Act. Provides that the Illinois State Police, or any other law enforcement or registering agency, shall not impose a fee for registration on any person subject to those Acts. Effective immediately.

Creates the First Responder Trauma-Informed Response Training Act, which may be referred to as Anna's Law. Provides that, prior to the onboarding processes of a first responder, the individual must complete mandatory pass or fail trauma-informed response training, as established by the Department of Public Health. Provides that a first responder must also complete the pass or fail trauma-informed response training every 18 months after beginning work as a first responder. Provides that, if more than 18 months have elapsed after beginning work as a first responder and the first responder has not completed the retraining, the first responder may not perform trauma-related duties, such as responding to emergency calls, taking statements from victims, or interviewing victims. Provides that, if a first responder who is certified or licensed by the State or a subdivision of the State has not completed the required trauma-informed response retraining, the first responder may be decertified by the certifying entity or the first responder's license may be revoked by the licensing entity if retraining is not completed. Limits the concurrent exercise of home rule powers. Defines terms. Makes conforming changes in the Illinois Police Training Act and the Emergency Medical Services (EMS) Systems Act, including requiring the Department of Public Health to adopt rules to implement the trauma-informed response training and providing that the rules may allow or require the use of a training program from a university, college, or not-for-profit entity.

Amends the Criminal Code of 2012. Provides that violation of an order of protection is a Class 4 felony if the defendant has any prior conviction violation of a civil no contact order, violation of a stalking no contact order, or any prior conviction under the law of another jurisdiction for an offense that could be charged in the State as violation of a civil no contact order or violation of a stalking no contact order. Provides that violation of a civil no contact order is a Class 4 felony if the defendant has any prior conviction for violation of an order of protection, violation of a civil no contact order, or violation of a stalking no contact order, or any prior conviction under the law of another jurisdiction for an offense that could be charged in the State as a violation of an order of protection, violation of a civil no contact order, or violation of a stalking no contact order. Provides that violation of a stalking no contact order is a Class 4 felony if the defendant has any prior conviction under the Code for a violation of an order of protection, violation of a stalking no contact order, or violation of a civil no contact order, or any prior conviction under the law of another jurisdiction for an offense that could be charged in the State as a violation of an order of protection, violation of a civil no contact order, or violation of a stalking no contact order.

Amends the Code of Criminal Procedure of 1963 concerning defendants found unfit to stand trial. Provides that if the defendant is remanded to the custody of the Department of Human Services for inpatient services, the defendant shall be placed in a secure setting. Provides that during the period of time required to determine bed and placement availability at the designated facility, the defendant shall remain in jail and the pretrial release provisions do not apply. Provides that no physician or other person employed by the Department of Human Services shall be ordered to perform, in the person's official capacity, an examination of the defendant's fitness. Provides that if the defendant with mental disabilities is ordered to outpatient treatment, the defendant shall be released from custody with instructions to contact the Department of Human Services to schedule the receipt of restoration services in the community. Provides that a defendant who either fails to arrange for the receipt of community restoration services or whom the Department reports has failed to comply in any other respect with the outpatient treatment order shall be remanded to the Department to receive inpatient services at a secure facility designated by the Department. Provides that the initial fitness report shall indicate what information, if any, contained in the report may be harmful to the mental condition of the defendant if made known to the defendant and the court may determine if the defendant is restricted from receiving the report. Provides that if the defendant is unfit due to a traumatic brain injury or organic brain disease such as Alzheimer's or dementia, or any other condition other than one treatable as a mental illness or developmental disability, the court may order the defendant placed in a suitable public or private treatment facility or program that has agreed to provide treatment to the defendant. Provides that no person who has not been determined to be unfit due to an identified condition may be placed in a facility operated by the Department of Human Services. Makes other changes. Defines terms.

Amends the Unified Code of Corrections. Provides within 24 hours of admission to a correctional institution or facility of the Department of Corrections, each committed person shall be screened for substance use disorders as part of an initial and ongoing substance use screening and assessment process. Provides that this process includes screening and assessment for opioid use disorders. Provides that if at any time a committed person screens positive as having or being at risk for an opioid use disorder, is diagnosed with an opioid use disorder or is exhibiting symptoms of withdrawal from an opioid use disorder, and medication assisted treatment is clinically indicated by a licensed physician, a licensed physician assistant, or a licensed nurse practitioner, then the individual may consent to commence medications for opioid use disorder, which shall be provided by the Department. Provides that the committed person shall be authorized to receive the medication immediately and for as long as clinically indicated. Provides that upon reentry, the Department shall provide an individual participating in medication assisted treatment with a referral to a community-based provider who may assist the individual with continued medications for opioid use disorder and medication assisted treatment care.

Amends the Criminal Code of 2012. Provides that the offense of possession of burglary tools includes possessing a vehicle security circumvention device and not being a: (1) mechanic; (2) licensed new or used vehicle dealer; (3) licensed locksmith; (4) repossession agent; or (5) State or local law enforcement officer. Provides that a violation is a Class C misdemeanor. Provides that the offense of unlawful sale of burglary tools includes knowingly selling or transferring a vehicle security circumvention device with knowledge that the device will be used by the person or another to commit a violation of law. Provides that a violation is a petty offense. Defines "vehicle security circumvention device".

Amends the Criminal Code of 2012. Provides that it is unlawful for a child sex offender to knowingly reside within 250 (rather than 500) feet of a school building or the real property comprising any school that persons under the age of 18 attend, a playground, child care institution, day care center, part day child care facility, (deletes day care home and group day care home) or a facility providing programs or services exclusively directed toward persons under 18 years of age. Provides that nothing in these provisions prohibits a person subject to these provisions from residing within 250 feet of a school building or the real property comprising any school that persons under 18 attend, a playground, child care institution, day care center, part day care child care facility, or a facility providing programs or services exclusively directed toward person under 18 years of age if the property was established as his or her current address of registration prior to the date that entity was opened, or if the entity must obtain a license in order to provide programs or services, the date that the license was issued. Provides that once a current property is established as the site of registration, nothing in these provisions prohibits a person subject to these provisions from continuing to reside at the property if the person's floor or unit number changes. Amends the Sex Offender Registration Act and the Murderer and Violent Offender Against Youth Registration Act. Deletes provisions that a person required to register under the respective Act who lacks a fixed residence must report weekly, in person, to the appropriate law enforcement agency where the registrant is located. Makes other changes. Effective immediately.

Amends the Juvenile Court Act of 1987. Provides that when a minor of the age of at least 13 years is adjudged delinquent for an offense involving the illegal use or possession of a firearm in which the firearm was discharged in the commission of the offense, the court shall declare the minor a ward of the court and order the minor committed to the Department of Juvenile Justice until the minor's 21st birthday, without the possibility of aftercare release, furlough, or non-emergency authorized absence for a period of 5 years from the date the minor was committed to the Department of Juvenile Justice, except that the time that a minor spent in custody for the instant offense before being committed to the Department of Juvenile Justice shall be considered as time credited towards that 5-year period. Provides that upon release from a Department facility, a minor adjudged delinquent for an offense involving the illegal use or possession of a firearm in which the firearm was discharged in the commission of the offense shall be placed on aftercare release until the age of 21, unless sooner discharged from aftercare release or custodianship is otherwise terminated in accordance with the Act or as otherwise provided for by law.