Criminal Justice (Courts)

Amends the Juvenile Court Act of 1987. Provides that an oral, written, or sign language statement of a minor made without the presence of counsel throughout a custodial interrogation is inadmissible as evidence against the minor in any proceeding under the Act if imposition of an adult criminal sentence is a possibility, including a sentence under an extended jurisdiction juvenile prosecution and proceeding, or in any proceeding under the Criminal Code of 2012.

Amends the Attorney General Act. Requires the Attorney General to develop and provide guidance for electronic service by law enforcement of orders of protection issued under the Illinois Domestic Violence Act of 1986. Amends the Illinois Domestic Violence Act of 1986. Provides that if petitioner is granted a stay-away order, the court may order local law enforcement, to the extent possible, to periodically monitor the petitioner's residence, periodically patrol near the petitioner's residence, and investigate whether a violation of the order of protection has occurred. Permits electronic service of an order of protection after 2 unsuccessful attempts of personal service. Provides the circumstances in which electronic service may be used. Makes other changes.

Amends the Juvenile Court Act of 1987. Provides that either the court or the State's Attorney, or both, (rather than the State's Attorney) or an entity designated by the State's Attorney, may establish community mediation programs designed to provide citizen participation in addressing juvenile delinquency. Provides that prior to entering a sentence, the court shall require the parties involved to consider participation in a restorative practice, such as a conference or circle as defined in the Code of Civil Procedure, to identify and repair harm to the extent possible, address trauma, reduce the likelihood of further harm, and strengthen community ties by focusing on the needs and obligations of all parties involved through a participatory process. Provides that participation in the process shall be voluntary by all parties, and any resulting agreement shall contain only reasonable and proportionate obligations. Provides that the agreement shall be recommended to the court as an alternative to sentencing.

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: (1) the defendant is charged with a felony offense (rather than specified felonies) 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; (2) the defendant is charged with a felony offense (rather than specific felonies) and has a high likelihood of willful flight to avoid prosecution; or (3) the defendant has been convicted of 2 or more of the same felonies or misdemeanors and either: (i) 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; or (ii) the defendant has a high likelihood of willful flight to avoid prosecution. 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 driving under the influence, 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. Changes the State's burden of proof in a pretrial detention hearing seeking the defendant's detention from clear and convincing evidence to a preponderance of the evidence.

Amends the Juvenile Court Act of 1987. Provides that an oral, written, or sign language statement of a minor made without the presence of counsel throughout a custodial interrogation is inadmissible as evidence against the minor in any proceeding under the Act if imposition of an adult criminal sentence is a possibility, including a sentence under an extended jurisdiction juvenile prosecution and proceeding, or in any proceeding under the Criminal Code of 2012.

Amends the Probation and Probation Officers Act. Provides that the Division of Probation Services shall reimburse the county or counties for 100% of the salary for all probation officer and supervisor positions approved for reimbursement by the division to meet pretrial services programs and specialty court programs. Provides that for the remaining probation officer positions engaged in basic services and new or expanded services approved of the total statewide number as of July 1, 2023, beginning on July 1, 2027, 20% of that number shall be transferred to those requiring 100% salary reimbursement. Each subsequent July 1, another 20% of the July 1, 2023 population shall also be transferred under described circumstances.

Amends the Code of Criminal Procedure of 1963. Changes the definitions of "harassment" to include, among other actions, doxing, electronic tracking, and nonconsensual creation, dissemination, or threatening the dissemination of electronically generated or digitally altered content pertaining to the petitioner. Requires a county (not just counties with more than 250,000 in population) to provide remote access to a hearing on a protective order to include relevant witnesses besides the petitioner and respondent. Creates additional remedies for the court to grant in a domestic violence order of protection. Requires that any motion to extend a plenary order must be filed on or before the expiration date, and the plenary order remains in effect after filing until its original expiration date or until the motion is presented or heard, whichever is later. Requires a plenary order to be extended if the court finds that since entry of the plenary order there has been no material change in the relevant circumstances as required by law, and an extension of a plenary order may be granted for any fixed period of time or indefinitely until the plenary order is vacated or modified. Provides that if the motion to extend the plenary order is uncontested, petitioner's motion or affidavit stating that there has been no material change in relevant circumstances since entry of the order and stating the reason for the requested extension is sufficient for the court to extend the plenary order for any length of time, including indefinitely. Provides that the court may grant a contested request for an extension of the plenary order for more than 2 years for good cause. Provides that a violation of the original order or a subsequent incident of abuse is not required to grant the extension or determine the length of the extension, and compliance with the original order does not negate the basis or length of the extension. Amends the Illinois Domestic Violence Act of 1986. Makes conforming changes.

Amends the Unified Code of Corrections. Provides that the conditions of Second Chance Probation that the defendant: (1) make full restitution to the victim or property owner; (2) obtain or attempt to obtain employment; (3) pay fines and costs; (4) attend educational courses designed to prepare the defendant for obtaining a high school diploma or to work toward passing high school equivalency testing or to work toward completing a vocational training program; and (5) perform community service are discretionary conditions of the probation (rather than mandatory conditions). Eliminates the provision that the defendant submit to periodic drug testing at a time and in a manner as ordered by the court, but no less than 3 times during the period of probation, with the cost of the testing to be paid by the defendant. Provides that the determination of the length of the First Time Weapon Offense Program, as determined by the court, shall be at the recommendation of the Program administrator and with the input from the State's Attorney and defense counsel (rather than determined by the court at the recommendation of the Program administrator and State's Attorney). Deletes provisions that the State's Attorney must consent to the defendant's sentencing to Second Chance Probation or to the First Time Weapon Offense Program.

Amends the Criminal Code of 2012. Provides that a person commits criminal damage to property when he or she intentionally damages, destroys, or tampers with equipment in a critical infrastructure facility without authorization from the critical infrastructure facility. Provides that a violation is: (1) a Class 4 felony when the damage to property does not exceed $500; (2) a Class 3 felony when the damage to property exceeds $500 but does not exceed $10,000; and (3) a Class 2 felony when the damage to property exceeds $10,000. Provides that a person may be liable in any civil action for money damages to the owner of the critical infrastructure facility for any damage resulting from a violation. Provides that it is an affirmative defense to a violation that the owner of the property or land damaged consented to the damage. Provides that a person may also be liable to the owner for court costs and reasonable attorney's fees resulting from a violation. Changes the name of the offense of criminal trespass to a nuclear facility to criminal trespass to a critical infrastructure facility. Includes as an element of the offense that the person must have the intent to damage, destroy, or tamper with equipment of the facility. Provides that a person may also be liable in a civil action for money damages to the owner of the critical infrastructure facility for any damage to personal or real property of the facility resulting from the trespass. Provides that a person may also be liable to the owner for court costs and reasonable attorney's fees. Defines "critical infrastructure facility" and "with the intent to damage, destroy, or tamper with equipment of the facility".

Amends the Election Code. Provides that, beginning on January 1, 2028, a person convicted of a felony, or otherwise under sentence in a correctional institution, shall have his or her right to vote restored and shall be eligible to vote not later than 14 days following his or her conviction. Provides that a person who is serving a sentence in a correctional institution starting prior to January 1, 2027 shall have his or her right to vote restored not later than January 14, 2028. Provides that a person may not be denied the right to vote because of a past criminal conviction. Provides that each local election authority shall coordinate with the correctional institution, Illinois Department of Corrections, and other correctional agencies incarcerating eligible voters to facilitate voting by mail for those voters eligible to vote in that election jurisdiction who are incarcerated in the correctional institution. Provides that the Attorney General, any individual aggrieved by a violation of these provisions, any entity whose membership includes individuals aggrieved by a violation of these provisions, any entity whose mission would be frustrated by a violation of these provisions, or any entity that would expend resources in order to fulfill its mission as a result of a violation of these provisions may file an action in a court of competent jurisdiction. Provides that the Act is intended to benefit and protect the rights of individual voters and to provide a remedy for infringing on the rights granted under this Act. Amends the Re-Entering Citizens Civics Education Act. Changes the short title of the Act to the Reintegration and Civic Empowerment Act. Provides that the Department of Corrections shall conduct the civics peer education program each of the 3 sessions not less than twice a month at each correctional institution totaling not less than 6 sessions per month at each correctional institution. Provides that the civics peer education program and workshops must be made available to all committed persons regardless of the date they were first committed or the length of their sentence. Amends the Illinois Administrative Procedure Act and the Unified Code of Corrections to make conforming changes. Effective January 1, 2028.