Criminal Justice

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 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; or (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.

Amends the Illinois Vehicle Code. Provides that fleeing or attempting to elude a peace officer is a Class 4 felony if there is video evidence of the driver or operator of the motor vehicle fleeing or attempting to elude the peace officer and that the fleeing or attempting to elude the peace officer results in damage to property of the State, a unit of local government, or school district.

Amends the Illinois Pension Code. In the Downstate Police Article, provides that, beginning July 1, 2025, any line-of-duty disability pension shall be at least $40,000 per year (instead of $400 per month), without regard to whether the disability or death of the police officer occurred before July 1, 2025. In provisions concerning an annual increase in the line-of-duty disability pension, removes requirements that an applicant must file an affidavit stating that the applicant has not earned any income from gainful employment during the most recently concluded tax year; have service credit in the Fund for at least 7 years of active duty; and have been receiving a line-of-duty disability pension for a period which, when added to the officer's total service credit in the Fund, equals at least 20 years. In the Downstate Firefighter Article, provides that the minimum line-of-duty disability pension shall be at least $40,000 per year. Amends the State Mandates Act to require implementation without reimbursement. 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 abuse disorder.

Amends the Unified Code of Corrections. Provides that all institutions and facilities of the Department of Corrections shall permit every committed person to receive the original, physical copy of any mail addressed to the committed person that the committed person is entitled and allowed to receive. Provides that any exceptions to the requirements of this provision must be based on evidence that complying with the requirements of this provision present a clear and present danger to the health and safety of the correctional employees or committed persons in the correctional institution or facility. Provides that the evidence must include evidence of contraband being sent through the mail, data on the number of mail items containing contraband, test results of mail tested due to suspicion of mail containing drugs, data on where inside a correctional institution or facility contraband has been found, and the method of entry of contraband into the correctional institution or facility. Provides that the data and evidence must be made publicly available monthly on the Department's website but no later than 60 days after the use of the exception to the requirements. Provides that no committed person shall be denied, or have communications limited, with an outside support person, whether by phone, mail, video, or in person visitation, as a result of a change in the committed person's grade level or housing status or as a disciplinary sanction. Provides that committed persons may contact outside supports via phone, mail, or electronic message free of charge. Defines "original, physical copy".

Restores the statutes to the form in which they existed before their amendment by Public Acts 101-652, 102-28, and 102-1104, with certain exceptions. Amends the Criminal Code of 2012 concerning aggravating factors for which the death penalty may be imposed. Amends the Code of Criminal Procedure of 1963. Eliminates a provision that abolishes the sentence of death. Transfers unobligated and unexpended moneys remaining in the Death Penalty Abolition Fund into the reestablished Capital Litigation Trust Fund. Enacts the Capital Crimes Litigation Act of 2025 and amends the State Appellate Defender Act to add provisions concerning the restoration of the death penalty. Amends the General Provisions, Downstate Police, Downstate Firefighter, Chicago Police, Chicago Firefighter, Illinois Municipal Retirement Fund (IMRF), State Employees, and State Universities Articles of the Illinois Pension Code. With regard to police officers, firefighters, and similar public safety employees, removes Tier 2 limitations on the amount of salary for annuity purposes; provides that the automatic annual increases to a retirement pension or survivor pension are calculated under the Tier 1 formulas; and provides that the amount of and eligibility for a retirement annuity are calculated under the Tier 1 provisions. Amends the State Finance Act to make conforming changes. Amends the Public Safety Employee Benefits Act concerning health insurance plans of police officers and firefighters. Makes other conforming changes. Amends the State Mandates Act to require implementation of the amendatory changes to the Illinois Pension Code without reimbursement. Makes other changes. 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 Criminal Code of 2012. Provides that upon failure to comply with any condition of pretrial release, the court having jurisdiction at the time of such failure may, on its own motion or upon motion from the State, issue a warrant (instead of a summons or a warrant) for the arrest of the person on pretrial release (instead of at liberty on pretrial release). Provides that the contents of such a warrant shall be the same as required for an arrest warrant issued upon complaint. Provides that when a defendant is on pretrial release on a felony charge and fails to appear in court as directed, the court shall issue a warrant for the arrest of such person. Provides that such warrant shall be noted with a directive to peace officers to arrest the person and hold such person without bail and to deliver such person before the court for further proceedings. Provides that a defendant who is arrested or surrenders within 30 days of the issuance of such warrant shall not be released on pretrial conditions in the case in question unless the defendant shows by the preponderance of the evidence that the defendant's failure to appear was not intentional. Makes conforming changes. Removes provisions concerning that for the purpose of any risk assessment or future evaluation of risk of willful flight or risk of failure to appear, a nonappearance in court cured by an appearance in response to a summons shall not be considered as evidence of future likelihood of appearance in court.

Amends the Mental Health and Developmental Disabilities Code. Provides that, if a person is determined to pose a clear and present danger to himself, herself, or to others by a physician, clinical psychologist, or qualified examiner, whether employed by the State, by any public or private mental health facility or part thereof, or by a law enforcement official or a school administrator, then the physician, clinical psychologist, or qualified examiner shall notify the Department of Human Services and a law enforcement official or school administrator shall notify the Illinois State Police and the appropriate local law enforcement agency (rather than shall notify the Illinois State Police), within 24 hours of making the determination that the person poses a clear and present danger.