Criminal Justice (Courts)

Amends the Code of Criminal Procedure of 1963. Provides that an eligible offender or an eligible offender's attorney or an attorney associate of the attorney (rather than the State's Attorney of the county in which the defendant was sentenced) may petition the sentencing court or the sentencing court's successor to resentence the offender if the original sentence no longer advances the interests of justice. Provides that the court has 6 months from when a petition was filed to respond to the petition. Provides that the criteria for being an "eligible offender" are that the eligible offender: (1) must have been originally sentenced to 10 or more years in the Department of Corrections by a circuit court of this State; (2) must have been convicted for a crime that is not a violent crime for which the offender is seeking resentencing; (3) must have participated in educational programs, drug programs, or received earned credit through work programs; (4) must have served a minimum of 24 months in the Department of Corrections for the conviction in which the offender is seeking resentencing; (5) must not have violated serious rules or disciplinary standards within the Department of Corrections in the last 24 months prior the filing of the petition; and (6) must have remained in the least restrictive privilege level for privileges within the Department of Corrections for incarcerated persons, one year prior to the petition.

Amends the Criminal Code of 2012. Changes the statute of limitations for grooming to provide that when the victim is under 17 years of age at the time of the offense, a prosecution for grooming may be commenced within 10 years after the victim or the person with a disability attains 17 years of age. Changes the name of the offense of child pornography to child sexual abuse material. Deletes references to criminal transmission of HIV in various statutes. In the Sex Offenses Article of the Criminal Code of 2012, provides a definition for "unable to give knowing consent" and changes the definition of "family member" to include a sibling and an accused who has resided in the household for at least 3 (rather than 6) months. Provides that a person commits sexual exploitation of a child if in the presence or virtual presence, or both, of a child and with knowledge that a child or one whom he or she believes to be a child would view his or her acts, that person knowingly entices, coerces, or persuades a child to participate in the production of the recording or memorializing a sexual act of persons ages 18 or older. Provides that a violation of this provision of sexual exploitation of a child is a Class 4 felony. Provides that a defendant, in order to commit grooming, must be 5 years or more older than the groomed child, or hold a position of trust, authority, or supervision in relation to the child at the time of the offense. Amends the Code of Criminal Procedure of 1963. Provides that the court may set any conditions it finds just and appropriate on the taking of testimony of a victim or witness who is under 18 years of age or an intellectually disabled person or a person affected by a developmental disability (rather than a victim who is a child under the age of 18 years or a moderately, severely, or profoundly intellectually disabled person or a person affected by a developmental disability) involving the use of a facility dog in any criminal proceeding. Makes other changes concerning the admissibility of evidence in cases involving involuntary servitude, involuntary sexual servitude of a minor, and trafficking in persons. Amends various Acts to change references from "child pornography" to "child sexual abuse material".

Amends the Unified Code of Corrections. Provides that the Prisoner Review Board shall place no additional restrictions, limitations, or requirements than that provided by the statute creating the procedure for medical release. Provides that upon a determination that the petitioner is eligible for a hearing on medical release, the Prisoner Review Board shall: (1) provide public notice of the petitioner's name, docket number, counsel, and hearing date; and (2) provide a copy of the evaluation and any medical records provided by the Department of Corrections to the petitioner or the petitioner's attorney upon scheduling the institutional hearing. Provides that a hearing on a petitioner's application for medical release is public unless the petitioner requests a non-public hearing. Provides that members of the public shall be permitted to freely attend public hearings on medical release without restriction. Provides that upon denying an eligible petitioner's application for medical release, the Prisoner Review Board shall publish a decision letter outlining the reason for denial. Provides that the decision letter must include an explanation of each statutory factor and the estimated annual cost of the petitioner's continued incarceration, including the petitioner's medical care. Makes technical changes.

Amends the Court of Claims Act. Provides that exhaustion of remedies is not required for any person who files a claim in the court for damages based on the Code of Civil Procedure provisions pertaining to actions for personal injury based on childhood sexual abuse. Contains a statement of findings and intent. Provides that the changes made by the amendatory Act applies to all actions pending or commenced on or after the effective date of the amendatory Act and to any action that would not have been time barred under the statute of limitations or statute of repose under the Code of Civil Procedure affecting childhood sexual abuse before the effective date of the amendatory 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 of the Department of Corrections 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 by crediting each person one day sentence credit for each day the incarcerated person has spent in prison on the current sentence. Provides that an incarcerated person serving a term of natural life imprisonment shall be eligible to accumulate sentence credit so that in the event that his or her sentence is reduced to something less than a sentence of natural life imprisonment, it can thereafter be credited toward his or her new sentence. Makes technical changes. Effective January 1, 2026.

Amends the Unified Code of Corrections. Provides that the Prisoner Review Board shall place no additional restrictions, limitations, or requirements than that provided by the statute creating the procedure for medical release. Provides that upon a determination that the petitioner is eligible for a hearing on medical release, the Prisoner Review Board shall: (1) provide public notice of the petitioner's name, docket number, counsel, and hearing date; and (2) provide a copy of the evaluation and any medical records provided by the Department of Corrections to the petitioner or the petitioner's attorney upon scheduling the institutional hearing. Provides that a hearing on a petitioner's application for medical release is public unless the petitioner requests a non-public hearing. Provides that members of the public shall be permitted to freely attend public hearings on medical release without restriction. Provides that upon denying an eligible petitioner's application for medical release, the Prisoner Review Board shall publish a decision letter outlining the reason for denial. Provides that the decision letter must include an explanation of each statutory factor and the estimated annual cost of the petitioner's continued incarceration, including the petitioner's medical care. Makes technical changes.

Amends the Criminal Code of 2012. In the Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Law, expands the definition of "predicate activity" to include bribery, official misconduct, solicitation misconduct (State government), solicitation misconduct (local government), and legislative misconduct. Extends the repeal of the Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Law to January 1, 2035 (rather than June 1, 2025). Amends the Code of Criminal Procedure of 1963. Expands the authority of the State's Attorney to seek a court order authorizing the interception of a private communication when no party has consented to the interception and the interception may provide evidence of, or may assist in the apprehension of a person who has committed, is committing, or is about to commit an offense to include predicate activity under the Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Law. Effective immediately.

Amends the Code of Criminal Procedure of 1963. Adds a Diversion of Unfit Misdemeanants Article to the Code. Provides that a defendant charged with one or more misdemeanors and for whom a court has determined that a bona fide doubt of the defendant's fitness has been raised may be admitted into an unfit misdemeanant diversion program only upon the approval of the court. Provides that the Illinois Supreme Court or any circuit court of the State may adopt rules establishing unfit misdemeanant diversion programs consistent with the Article. Provides that the court shall require an eligibility screening and an assessment of the defendant to determine whether the defendant may be able to receive mental health services under the Mental Health and Developmental Disabilities Code which shall reasonably assure his or her safety and that of the public and his or her continued participation in treatment. Provides that if, following this screening, the State and the defendant agree to the diversion and the court determines that the defendant is appropriate for diversion, the criminal charges may be dismissed with prejudice. Provides that if the court does not approve, the court shall order a fitness examination and the matter shall be governed by any other relevant provisions of the Fitness for Trial, To Plead, or to be Sentenced Article of the Code. Provides that the misdemeanant diversion program may maintain or collaborate with mental health and substance use treatment providers necessary to provide a continuum of treatment options commensurate with the needs of the defendant and available resources. Treatment programs shall comply with all relevant statutes and rules. Requires the Department of Human Services to provide care to persons determined to be subject to involuntary admission on an inpatient basis as defined in the Mental Health and Developmental Disabilities Code or may make arrangements with any other appropriate inpatient mental health facility to provide those services. Makes conforming changes in the Fitness for Trial, To Plead, or to be Sentenced Article of the Code. Provides that the Act may be referred to as the Diversion of Unfit Misdemeanants Act.

Creates the State Public Defender Act. Creates the Office of State Public Defender as an agency of State government. Provides that the Office of State Public Defender shall be an independent agency within the judicial branch of government and the Office's records shall be subject to the Freedom of Information Act. Provides that the Office of State Public Defender shall be under the supervision and direction of the State Public Defender. Sets forth the powers and duties of the State Public Defender, including the duties of the initial State Public Defender. Provides that the initial State Public Defender shall be appointed by the Supreme Court. Sets forth specified duties and responsibilities of the initial State Public Defender. Creates the State Public Defender Commission. Sets forth membership and duties of the Commission. Amends the Public Defender and Appointed Counsel Division of the Counties Code. Provides that any 2 or more counties of this State that are within the same judicial circuit may by joint resolution of the several county boards involved create a common Office of public defender for the counties so joined or allow representation in one county by the public defender appointed in the collaborating county (rather than 2 or more adjoining counties within the same judicial circuit may create a common Office of public defender). Provides that, when a vacancy occurs in the position of public defender, the State Public Defender shall nominate and the State Public Defender Commission shall appoint a properly qualified public defender using the application and selection process developed under the State Public Defender Act. Removes certain differences based upon county populations. Removes provisions relating to the Public Defender Quality Defense Task Force. Provides that a public defender may be removed only for good cause or dereliction of duty after notice and a hearing before the State Public Defender Commission (rather than by the president of the county board after a notice and hearing of the county board). Modifies how a public defender is compensated and how moneys in the Public Defender Fund may be used. Makes other changes. Amends various Acts to make conforming changes.

Amends the Freedom of Information Act. Provides that "public records" includes records of the names of persons on electronic monitoring and the number of times a person on electronic monitoring has violated the terms of electronic monitoring and includes court records of that information. Provides that notwithstanding any other provision of the Act to the contrary, the Act does not authorize withholding of information or limit the availability of records to the public that contain the names of persons on electronic monitoring and the number of times a person on electronic monitoring has violated the terms of electronic monitoring. Amends the Unified Code of Corrections. Provides that these records are public records and subject to disclosure, inspection, and copying under the Freedom of Information Act.