Criminal Justice

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 evidence must be made available to the public upon request. 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 disciplinary sanction or grade level of the infraction. Provides that committed persons may contact outside supports via phone, mail, or electronic message free of charge. Defines "original, physical copy".

Amends the Illinois Human Rights Act. Provides that a formerly convicted person may petition the Department of Human Rights for a grant of protected class status. Provides that the Department may grant protected class status to a formerly convicted person who meets the following conditions: the person has complied with each term and condition of the person's parole, mandatory supervised release, probation, or conditional discharge; the person has obtained a high school diploma or received a high school equivalency certificate; the person is employed or actively seeking employment or is enrolled in or has successfully completed a vocational training or college educational program; the person has not been convicted of a felony or misdemeanor within the last 5 years; and the person has completed all sanctions imposed upon the person through due process of law. Provides that the Department shall adopt rules concerning what constitutes an intellectual or developmental disability that prevents the formerly convicted person from meeting some of the conditions and who is qualified to diagnose such a person. Provides that the Department shall adopt rules to carry out the provisions. Provides that protected class status previously granted to a formerly convicted person shall be revoked by the Department after notice and a hearing, if the formerly convicted person is subsequently convicted of a felony or misdemeanor. Provides that the revocation process shall be initiated by a petition that sets forth the date of the subsequent offense, description of the offense, date of conviction for the subsequent offense, and sentence imposed on the conviction. Provides that a copy of the petition and notice of the hearing date shall be served on the formerly convicted person.

Amends the Criminal Code of 2012. Provides that a person commits disorderly conduct when he or she knowingly transmits or causes to be transmitted in any manner a threat of destruction of a child care institution or day care center building or property, or a threat of violence, death, or bodily harm directed against persons at a child care institution or day care center, a child care institution or day care center function, or a child care institution or day care center event, whether or not the child care institution or day care center is in session. Provides that a violation is a Class 4 felony. 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 Criminal Code of 2012. Creates the offense of sexual misconduct with a student. Provides that a person commits sexual misconduct with a student when he or she is or was an employee of a school and commits sexual misconduct with a student who, at the time the employee was employed by the school, attended the school. Provides that the consent of the student is not a defense to a prosecution under this provision. Provides that a student is deemed incapable of consent, for purposes of this provision, when he or she is a student who attended the school while the employee was employed at the school. Provides that it is not a defense to a violation of this provision that the student was of the age to give consent to sexual penetration or sexual conduct in circumstances not involving a violation of this provision. Provides that a person convicted of violating this provision shall immediately forfeit his or her employment with a school and may not subsequently be employed at a school. Provides that a violation is a Class 3 felony. Provides exemptions. Defines "school" as a public or private elementary or secondary school or a school that operates grades kindergarten through 12. Defines "sexual misconduct" as any act, including, but not limited to, any verbal, nonverbal, written, or electronic communication or physical activity, by an employee or agent of the school district, charter school, or nonpublic school with direct contact with a student that is directed toward or with a student to establish a romantic or sexual relationship with the student. Defines other terms.

Amends the Educator Licensure Article of the School Code. In provisions concerning the conviction of certain offenses as grounds for disqualification for licensure or suspension or revocation of a license, includes the sex offense of abuse by an educator or authority figure under the definition of "sex or other offense". Amends the Sex Offenses Article of the Criminal Code of 2012. Provides that a person commits abuse by an educator or authority figure if that person is an educator or authority figure at the school, the student is at least 18 years of age but under 23 years of age, the person is at least 4 years older than the student and holds or held within the previous year a position of trust, authority, or supervision in relation to the student in connection with an educational or extracurricular program or activity, and the person either: (1) commits an act of sexual conduct with the student; or (2) commits an act of sexual penetration with the student. Provides that abuse by an educator or authority figure involving sexual conduct is a Class A misdemeanor for the first offense and a Class 4 felony for a second or subsequent offense or if there is more than one victim. Provides that abuse by an educator or authority figure involving sexual penetration is a Class 4 felony for the first offense and a Class 3 felony for a second or subsequent offense or if there is more than one victim. Provides that consent of the victim is not a defense to abuse by an educator or authority figure.

Amends the Criminal Code of 2012. Provides that a person commits stalking when he or she uses any electronic tracking system or acquires tracking information to determine the targeted person's location, movement, or travel patterns without the targeted person's consent and the person knows or should know that the use of the electronic tracking system or the acquisition of tracking information would cause a reasonable person to fear for his or her safety or the safety of a third person. Defines "electronic tracking system".

Amends the Judges Article of the Illinois Pension Code. Specifies that a person who serves as a full-time member of the Prisoner Review Board does not violate the Code's return-to-work provisions on the basis of service on the Prisoner Review Board. Amends the Rights of Crime Victims and Witnesses Act. Provides that persons who have final, plenary, or non-emergency protective orders granted against the petitioner or parole candidate may submit victim statements. Provides that the Prisoner Review Board shall publish on its official website, and provide to registered victims, procedural information on how to submit victim statements. Amends the Unified Code of Corrections. Provides that the Prisoner Review Board may contain members who have experience in advocacy for victims of crime and their families, advocacy for survivors of domestic violence, sexual violence, or intimate partner violence. Provides that at least 3 members of the Board (currently, 6) must have at least 3 years experience in the field of juvenile matters. Provides that a total of 7 members must have at least 5 years' experience as a law enforcement officer, parole officer, prosecutor, criminal defense attorney, or judge. Contains provisions concerning training for members and commissioners of the Prisoner Review Board. Makes changes concerning factors to be considered by the Board in deciding whether to grant or deny parole. Provides that, prior to entering an order discharging a person from parole or mandatory supervised release, the Prisoner Review Board shall provide notice and a 30-day opportunity to comment to any registered victim. Requires the Department of Corrections to prepare a report describing whether the subject has completed the mandatory conditions of parole or mandatory supervised release. Contains provisions concerning LEADS reports. Provides that all petitioners for clemency and medical release and all candidates for parole appearing before the Prisoner Review Board shall be afforded the opportunity to appear in person or via interactive video teleconference. Makes other changes. Effective immediately.

Amends the Higher Education Student Assistance Act. Repeals provisions regarding the State scholar program, the Merit Recognition Scholarship program, the Silas Purnell Illinois Incentive for Access grant program, the student to student grant program, the Teach Illinois Scholarship Program, grants for persons raised by a grandparent, the Southern Illinois University's Achieve Program, medical assistant grants, the police training academy job training scholarship program, and the adult vocational community college scholarship. Repeals the Public Interest Attorney Assistance Act, the Child Welfare Student Loan Forgiveness Act, and the Community College Transfer Grant Program Act.

Amends the Juvenile Court Act of 1987. In the Abused, Neglected, or Dependent Minors Article of the Act, provides that an environment is injurious to the minor's welfare if conditions in the child's environment create a real, significant and imminent likelihood of harm to the child's health, well-being, or welfare and the parent or caretaker blatantly disregarded his or her parental responsibility to prevent or mitigate such harm consistent with the health, safety, and best interests of the minor to remain in the custody of a parent, guardian, or custodian who experienced domestic violence unless the court determines the parent, guardian, or custodian who experienced domestic violence has committed acts or omissions unrelated to domestic violence against that parent, guardian, or custodian resulting in a determination of abuse or neglect under the Act. Provides that in making a custody determination, the court shall presume that it is consistent with the health, safety, and best interests of the minor to remain in the custody of a parent, guardian, or custodian who experienced domestic violence, unless the court has determined that the parent, guardian, or custodian who experienced domestic violence has committed acts or omissions unrelated to domestic violence against that parent, guardian, or custodian that is sufficient to independently support a determination of abuse or neglect under the Act. Defines "domestic violence".