Criminal Justice (Corrections)

Amends the Unified Code of Corrections. Provides that the amendatory Act may be referred to as the Criminal Justice Procedural Clarification Act. Eliminates the consent of the State's Attorney as a requirement for a defendant to participate in the First Time Weapon Offense Program. Changes the eligibility requirements for the Program. Provides that the court may sentence a defendant to probation to participate in the Program, regardless of whether the State's Attorney affirmatively offers or consents to participation in the Program. Provides that the State's Attorney may object to sentencing to probation to participate in the Program only by stating on the record specific and articulable public safety reasons why probation under the provision would be inappropriate for the individual defendant. Provides that, upon objection by the State's Attorney, the court may sentence the defendant under these provisions if the court makes written findings that the defendant meets the statutory eligibility requirements and that probation under these provisions is consistent with specified public safety and the rehabilitative purposes of the Code. Provides that a defendant shall not be deemed ineligible for probation under these provisions solely because the defendant was legally ineligible to apply for a Firearm Owner's Identification Card, at the time of the offense, if no other statutory disqualifications apply. Provides that in cases involving a firearm-related offense, the court shall consider diversion to treatment, including eligibility for the First Time Weapon Offense Program prior to imposing a sentence of incarceration if certain conditions are met. Provides that a person convicted of a firearm-related offense prior to the effective date of the amendatory Act may petition the sentencing court for review if the person meets certain eligibility requirements. Effective immediately.

Congratulates Treatment Alternatives for Stronger Communities (TASC) on its 50th anniversary. Thanks TASC for its significant contributions to justice reform, public health, and community well-being in Illinois. Wishes the organization continued success in advancing effective, accountable, and compassionate alternatives to incarceration.

Provides that the Act may be referred to as the Credit for Change Act. Amends the Unified Code of Corrections. Eliminates provisions that a person must serve various percentages for particular offenses. Provides that the rules and regulations shall provide that the individual in custody shall receive one day of sentence credit for each day of service in prison other than when a sentence of natural life imprisonment has been imposed. Provides that each day of sentence credit shall reduce by one day the incarcerated person's period of incarceration set by the court. Provides that within 6 months after the effective date of the amendatory Act, the Department of Corrections shall recalculate each incarcerated person's release date irrespective of the incarcerated person's conviction or sentencing date by crediting each person one day sentence credit for each day the incarcerated person has spent in prison on the current sentence. Provides that the Department shall award sentence credit accumulated prior to the effective date of the amendatory Act in a specified amount to a committed person serving a sentence for an offense committed after June 19, 1998, if the Department determines that the committed person is entitled to this sentence credit, based upon certain specified factors. Provides that the Department, in consultation with the Advisory Board, shall make available to all persons in its custody current materials about sentence credits, containing detailed information regarding eligibility, earning, revocation, calculation, and documentation of credit, in the following formats: (1) in print; (2) on the Department's website; and (3) in a visible location on the premises of each Department facility where notices are customarily posted. Makes technical changes. Effective January 1, 2027.

Amends the Code of Criminal Procedure of 1963. Provides that if the court orders an unfit defendant to be placed in the custody of the Department of Human Services, during the period of time required to determine bed and placement availability at the designated facility, the defendant may (rather than shall) remain in jail. Makes technical changes in a provision concerning credit for good behavior.

Creates the Persistent Domestic Violence Offender Database Act. Requires the Illinois State Police to establish and maintain a Statewide Persistent Domestic Violence Offender Database for the purpose of identifying persistent domestic violence offenders. Requires the Illinois State Police to maintain the database based upon information supplied by the court clerks and information available to the Illinois State Police from the Department of Corrections and local law enforcement agencies. Requires the Illinois State Police to make the information contained in the database accessible to the public on the agency's Internet home page and update that information as it deems necessary. Sets forth the information that must be stored in the database. Provides that if a person is convicted of a domestic violence offense and the person convicted has at least one prior conviction for a domestic violence offense or if a person has an order of protection granted against them and the person has at least one prior order of protection granted against them, then the court shall, upon proof of any prior domestic violence offense convictions or order of protection, order the person to register as a persistent domestic violence offender. Requires the court clerk to forward to the Illinois State Police a certified copy of the qualifying conviction or order of protection and the date of birth of any person ordered to register as a persistent domestic violence offender. Contains provisions on registration fees. Requires the Illinois State Police to remove a registered person's name and other information from the database after a specified number of years following the person's last conviction. Provides that the Act applies only to persons convicted of a domestic violence offense or to persons against whom an order of protection is granted on or after January 1, 2027; however, a prior conviction is not required to occur on or after January 1, 2027.

Provides that the Act may be referred to as the Credit for Change Act. Amends the Unified Code of Corrections. Eliminates provisions that a person must serve various percentages for particular offenses. Provides that the rules and regulations shall provide that the individual in custody shall receive one day of sentence credit for each day of service in prison other than when a sentence of natural life imprisonment has been imposed. Provides that each day of sentence credit shall reduce by one day the incarcerated person's period of incarceration set by the court. Provides that within 6 months after the effective date of the amendatory Act, the Department of Corrections shall recalculate each incarcerated person's release date irrespective of the incarcerated person's conviction or sentencing date by crediting each person one day sentence credit for each day the incarcerated person has spent in prison on the current sentence. Provides that the Department shall award sentence credit accumulated prior to the effective date of the amendatory Act in a specified amount to a committed person serving a sentence for an offense committed after June 19, 1998, if the Department determines that the committed person is entitled to this sentence credit, based upon certain specified factors. Provides that the Department, in consultation with the Advisory Board, shall make available to all persons in its custody current materials about sentence credits, containing detailed information regarding eligibility, earning, revocation, calculation, and documentation of credit, in the following formats: (1) in print; (2) on the Department's website; and (3) in a visible location on the premises of each Department facility where notices are customarily posted. Makes technical changes. Effective January 1, 2027.

SB 3140 increases penalties for violating court-issued orders of protection by upgrading the offense to a Class 3 felony (from Class 4) for individuals with prior convictions for domestic battery, violation of protection orders, or related offenses like stalking or aggravated battery against family members. This change directly affects repeat offenders who disregard court orders designed to protect victims of domestic violence. The bill mandates a minimum 24-hour jail term for second or subsequent violations, in addition to potential fines or restitution. It applies to violations occurring after the offender was served notice of the order or gained actual knowledge of its terms.

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.

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.