Criminal Justice (Sentencing)

Urges the Illinois Department of Transportation, the Office of the Secretary of State, the Illinois State Police, local law enforcement agencies, prosecutors, traffic safety organizations, and other relevant public safety stakeholders to review and strengthen policies, enforcement strategies, public awareness efforts, and sentencing guidelines related to impaired driving, extreme reckless driving, social media-driven dangerous driving, and "ghosting". Encourages continued consideration of legislative and policy reforms intended to ensure Illinois law appropriately addresses severe reckless driving conduct.

Amends the Unified Code of Corrections. Provides that an individual convicted of a sex offense and released from the Department of Corrections to mandatory supervised release shall, to the extent practicable, be placed on mandatory supervised release in either: (1) the sentencing community or (2) a community of connection. Provides that placement outside the sentencing community or a community of connection may occur only upon a documented determination by the Department of Corrections that such placement is necessary due to one or more of the following: (1) verified public safety concerns; (2) victim safety considerations, including the location of a victim or the existence of protective orders; (3) the unavailability of compliant housing that satisfies statutory or mandatory supervised release conditions; or (4) the unavailability of required treatment, monitoring, or supervision resources. Provides that prior to release, the Department of Corrections shall develop an individualized reentry plan for each individual subject to the provision that identifies the sentencing community and any communities of connection and evaluates appropriate housing, treatment, and supervision options. Provides that nothing in the provision shall be construed to limit the authority of the Department of Corrections to impose conditions of mandatory supervised release necessary to protect public safety or to comply with existing law. Provides that the Department of Corrections shall submit an annual report to the General Assembly no later than March 1 of each year containing aggregate data regarding: (1) mandatory supervised release placement patterns for individuals convicted of sex offenses; (2) the number of placements made outside sentencing communities or communities of connection; (3) the primary reasons for such placements; and (4) geographic distribution by county. Provides that the report shall not include personally identifying information. Defines "sex offense", "sentencing community", and "community of connection". Effective immediately.

Amends the Criminal Code of 2012. Creates the offense of torture. Provides that a person commits torture when that person knowingly and cruelly engages in a course of conduct that torments a victim under the age of 18 years. Provides that proof that a victim suffered physical, mental, or emotional impairment is not an element of the offense. Provides that torture does not include: (1) reasonable parental discipline or (2) any medical examination or procedure that is conducted by a physician, nurse, medical or hospital personnel, parent, or caretaker for purposes and in a manner consistent with reasonable medical standards and care. Provides that a victim under the age of 18 years cannot consent to torture. Provides that torture is a Class X felony. Provides that an offender under the age of 18 years at the time of the commission of the offense shall be sentenced under the provisions of the Unified Code of Corrections concerning the sentencing of individuals under the age of 18 at the time of the commission of an offense. Defines "course of conduct" and "cruelly".

Creates the Emerging Adult Criminal Justice Task Force Act. Establishes the Emerging Adult Criminal Justice Task Force within the Illinois Criminal Justice Information Authority. Provides that the Task Force shall hold public meetings. Requires at least 3 meetings of the Task Force to be held in different regions of Illinois. Provides that the first meeting of the Task Force shall be held within 60 days after the appointment of its members. Provides that the Task Force shall review Illinois law and practices affecting emerging adults across pretrial, sentencing, corrections, supervision, and reentry. Provides that the Task Force shall develop recommendations for statutory, policy, and programmatic improvements to the Illinois criminal justice system. Allows any Task Force member to prepare a written dissent or statement of concern regarding any finding or recommendation. Provides that the Task Force shall submit an interim report summarizing preliminary findings, analyses, and recommendations, to the Governor and the General Assembly, no later than January 31, 2027. Provides that the Task Force shall submit a final report, including all final findings and recommendations, draft statutory language, and estimated fiscal impacts, no later than December 1, 2027. Repeals the Act on June 30, 2028. Effective immediately.

Amends the Delinquent Minors Article of the Juvenile Court Act of 1987. Adds a Part concerning Fitness to Stand Trial. Specifies the unfitness standard for a minor. Sets forth procedures to raise the issue of the unfitness of a minor. Specifies the burden of proof and a presumption. Provides requirements for a fitness evaluation and hearing to determine the fitness of a minor. Provides the requirements for the services to attain fitness, the period to obtain fitness, initial and subsequent progress reports, periodic hearings, and in-court assistance to render a minor fit. Specifies time credit and sentencing guidelines for a minor who attains fitness. Provides for the legal disposition of a minor if fitness cannot be attained. Creates the Juvenile Discharge Hearing Task Force to examine the juvenile discharge hearing process, compare Illinois' process with those of other states with juvenile fitness standards, and recommend reforms to the process that ensures minors receive meaningful treatment for existing mental health needs. Provides that the recommendations shall include statutory language to update the juvenile hearing discharge process and whether the juvenile discharge hearing should take place on the same timeframe as discharge hearings for adult offenders. Provides that the Task Force may meet in person or virtually and shall issue a written report of its findings and recommendations to the General Assembly on or before July 1, 2027. Repeals task force provisions on January 1, 2028. Contains other provisions. Contains a severability provision. Effective July 1, 2026.

Amends the Delinquent Minors Article of the Juvenile Court Act of 1987. Adds a Part concerning Fitness to Stand Trial. Specifies the unfitness standard for a minor. Sets forth procedures to raise the issue of the unfitness of a minor. Specifies the burden of proof and a presumption. Provides requirements for a fitness evaluation and hearing to determine the fitness of a minor. Provides the requirements for the services to attain fitness, the period to obtain fitness, initial and subsequent progress reports, periodic hearings, and in-court assistance to render a minor fit. Specifies time credit and sentencing guidelines for a minor who attains fitness. Provides for the legal disposition of a minor if fitness cannot be attained. Creates the Juvenile Discharge Hearing Task Force to examine the juvenile discharge hearing process, compare Illinois' process with those of other states with juvenile fitness standards, and recommend reforms to the process that ensures minors receive meaningful treatment for existing mental health needs. Provides that the recommendations shall include statutory language to update the juvenile hearing discharge process and whether the juvenile discharge hearing should take place on the same timeframe as discharge hearings for adult offenders. Provides that the Task Force may meet in person or virtually and shall issue a written report of its findings and recommendations to the General Assembly on or before July 1, 2027. Repeals task force provisions on January 1, 2028. Contains other provisions. Contains a severability provision. Effective July 1, 2026.

Creates the Gun Crime Charging and Sentencing Accountability and Transparency Act. Provides that in a criminal case, if a defendant is charged with an offense involving the illegal use or possession of a firearm and subsequently enters into a plea agreement in which the charge will be reduced to a lesser offense or a non-weapons offense in exchange for a plea of guilty, at or before the time of sentencing, the State's Attorney shall file with the court a written statement of his or her reasons in support of the plea agreement, which shall specifically state why the offense or offenses of conviction resulting from the plea agreement do not include the originally charged weapons offense. Provides that the written statement shall be part of the court record in the case and a copy shall be provided to any person upon request. Provides that in a criminal case in which the original charge is or was for an offense involving the illegal use or possession of a firearm, if a defendant pleads guilty or is found guilty of the original charge or lesser offense or a non-weapons offense, in imposing the sentence, the judge shall set forth in a written sentencing order his or her reasons for imposing the sentence or accepting the plea agreement. Provides that a copy of the written sentencing order shall be provided to any person upon request.

Amends the Unified Code of Corrections. Restores the general recidivism provisions of the Code before the effective date of Public Act 101-652. Provides that the third-time offender provisions resulting in a sentence of natural life imprisonment apply when the defendant has attained the age of 18 at the time of the third offense (rather than 21 years of age or older when the first offense was committed). In the provision that when a defendant, over the age of 21 years, is convicted of a Class 1 or Class 2 forcible felony after having twice been convicted in any state or federal court of an offense that contains the same elements as an offense now (the date the Class 1 or Class 2 forcible felony was committed) classified in Illinois as a Class 2 or greater Class forcible felony and those charges are separately brought and tried and arise out of different series of acts, that defendant shall be sentenced as a Class X offender, provides that the 3 offenses may be felonies rather than forcible felonies. Provides that the Class X sentencing provision does not apply to Class 1 or Class 2 felony convictions for theft.

Amends the Unified Code of Corrections. Restores provisions regarding sentencing guidelines for individuals with prior felony firearm-related or other specified convictions that were repealed on January 1, 2004. Applies to offenses committed on or after the effective date of the amendatory Act. Eliminates sunset provision. Amends the Criminal Code of 2012 to make conforming changes.

Amends the Unified Code of Corrections. Provides that the rules and regulations of the Department of Corrections shall also provide that sentence credit may be provided to an inmate who was held in pretrial detention prior to his or her current commitment to the Department of Corrections and successfully completed a substance abuse program (rather than a full-time, 60-day or longer substance abuse program), county jail or detention facility work assignments, or parenting program, or re-entry planning facilitated (rather than provided) by the county department of corrections, county jail, or other provider. Provides that the rules and regulations shall also provide that sentence credit may be provided to a committed person who participated in supervised community work or activities in accordance with the Code prior to his or her commitment to the Department of Corrections.