Criminal Justice

Creates the DUI Treatment Court Act. Provides that the Chief Judge of each judicial circuit may establish a DUI court program in compliance with the Problem-Solving Court Standards. Provides that, at the discretion of the Chief Judge, the DUI court program may be operated in one or more counties of the circuit. Allows defendants from all counties within the circuit to participate. Provides that DUI court programs must be certified by the Illinois Supreme Court. Provides that persons who committed specified offenses are excluded from the DUI court program. Provides that a judge assigned to preside over a DUI treatment court shall have experience, training, and continuing education in specified topics. Provides, subject to appropriation, for mandatory education seminars for DUI court prosecutors and public defenders. Provides that a defendant may be admitted into a DUI court program upon the consent of the defendant and with the approval of the court only if the person has been charged with driving under the influence or aggravated driving under the influence. Provides that, subject to certain limitations, the court may vacate or successfully terminate the participant's sentence or otherwise discharge the participant from any further proceedings upon successful completion of the terms and conditions of the program.

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 Code of Criminal Procedure of 1963. Provides that any person may file a petition to vacate a conviction or sentence, regardless of criminal custody status or citizenship or immigration status, as defined in the Illinois TRUST Act, if the person asserts that: (1) the conviction or sentence is legally invalid due to prejudicial error damaging the petitioner's ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a conviction or sentence; or (2) newly discovered evidence of actual innocence exists that requires vacation of the conviction or sentence as a matter of law or in the interests of justice. Provides that such a petition shall be deemed timely filed at any time notwithstanding any other provision of law. Provides that the time limitations for petitions filed in the trial court under the Post-Conviction Hearing Article of the Code do not apply to a petition filed under this provision. Amends the Code of Civil Procedure. Provides that a provision granting relief from a final order or judgment entered based on a plea of guilty or nolo contendere and that has potential consequences under federal immigration law applies to orders or judgments entered before, on, or after the effective date of the amendatory Act.

Creates the Emerging Adult Sentencing Act. Provides that upon a conviction by way of plea or otherwise finding of guilt, and with the express agreement of the State's Attorney and the defendant, the court may sentence a defendant who meets the eligibility requirements under the Act to a term of probation to be performed at a community-based residential workforce development center for a period of not less than one year and not more than 3 years in lieu of incarceration in the Illinois Department of Corrections. Provides that the defendant shall be monitored by the adult probation department. Provides that the defendant shall: (1) not violate any criminal statute of the State or any other jurisdiction; (2) refrain from possessing a firearm or any other dangerous weapon; and (3) attend and participate in any program activities as detailed in the individualized service plan. Provides that a defendant is eligible for the program if the defendant is between the ages of 18 through 25, at the time of the commission of the offense, and is convicted of specified felony offenses in which a period of incarceration must be imposed, other than a sentence of natural life. Provides that prior criminal history shall not preclude eligibility for sentencing under the Act. Provides that upon successful fulfillment of the terms and conditions of probation, the court shall discharge the defendant from probation. Provides that if the defendant has not previously been granted a vacation of judgment, upon motion, the court shall vacate the judgment of conviction and dismiss the criminal proceedings against him or her unless, having considered the nature and circumstances of the offense and the history, character, and condition of the individual, the court finds that the motion should not be granted. Effective immediately.

Amends the Law Enforcement Camera Grant Act. In provisions relating to the annual report that is required for each law enforcement agency receiving a grant for officer-work body cameras, removes requirements that the report must include specified information relating to each recording used in prosecutions of conservation, criminal, or traffic offenses or municipal ordinance violations and specified information related to recordings used in a civil proceeding or internal affairs investigation.

Provides that the Act may be referred to as the Illinois Correctional Data and Transparency Act. Amends the Unified Code of Corrections. Provides that beginning March 1, 2026 and every March 1 thereafter, the Department of Corrections shall submit to the General Assembly a recidivism report which the Department shall post on its website and make publicly available. Establishes the information contained in the report. Provides that the release rates shall be published on a public dashboard. Provides that within 60 days after the effective date of the amendatory Act, the Department of Corrections must file and post a recidivism IT remediation plan, consisting of timelines, milestones, and responsible staff. Provides that until the first new report is posted, the Department must file monthly status updates with the House Appropriations-Public Safety Committee and the Senate Appropriations-Public Safety and Infrastructure Committee. Provides that the Department of Corrections shall enter into standing memoranda of understanding, which shall be updated at least annually, providing periodic feeds needed to compute recidivism, with privacy protections, between the Department and: (1) the Administrative Office of the Illinois Courts concerning court dispositions; (2) the Illinois State Police concerning arrest and identifier data submitted to the Illinois State Police under the Criminal Identification Act; and (3) county sheriffs and jail administrators concerning booking information and returns of persons previously committed to county jails. Provides that the Department of Corrections shall publish aggregate and de-identified data with small-cell suppression. Provides that unit-record identifiable data shall not be disclosed to the public. Provides that research access to the data shall be only available by approved agreements with the Department of Corrections. Provides that if the annual report is filed more than 60 days after the March 1 due date, the Director of Corrections or his or her designee must appear before designated committees of the General Assembly with a remediation plan. Subject to appropriation, the Auditor General may conduct a performance audit of data processes. Effective immediately.

Creates the Victim Centered Approach Pilot Program Act. Provides that the Lake County State's Attorney shall develop a program to represent noncitizen victims of violent crimes in the filing of victim remedies before the United States Citizenship and Immigration Services Office administrative body. Provides that the Lake County State's Attorney shall use any funding provided to the pilot program to represent or give counsel to 50 noncitizen victims annually for the next 5 years who were victimized by violent crimes in Lake County. Provides that the to be eligible for assistance under the program, an individual must: (1) be a noncitizen victim, who has never been placed in removal proceedings; (2) have suffered a violent crime in Lake County; and (3) not be barred from the immigration remedies before the administrative body. Amends the Counties Code. Provides that, in counties with a population of more than 500,000, a State's Attorney may act, without fee or appointment, as an attorney to a noncitizen victim in an immigration case only if the noncitizen victim was victimized within the county the State's Attorney serves and is located within the geographic boundaries of the county served by the State's Attorney.

Creates the End Gun Violence in Disproportionately Impacted Areas Task Force to study, analyze data, make recommendations, and develop policy proposals addressing the root causes of violence and resulting trauma to drastically reduce gun violence in disproportionately impacted areas.

Condemns the acts of excessive and deadly force deployed by federal agents of Immigration and Customs Enforcement (ICE), Customs and Border Patrol, Homeland Security Investigations, and others operating under the direction of President Donald J. Trump and Department of Homeland Security Secretary Kristi Noem. Calls for a fully independent investigation into all Department of Homeland Security-involved shootings, killings, and deaths in custody. Calls for the appointment of an independent counsel to prosecute agents, administrators, and political appointees found to have committed, directed, or covered up these acts of violence. Calls for the immediate resignation of Secretary Kristi Noem and calls for her immediate impeachment if she refuses to resign.

Amends the Unified Code of Corrections. Provides that the Department of Juvenile Justice shall provide resources to persons under the 18 years of age who have been adjudicated delinquent for a nonviolent crime. Provides that a nonviolent crime does not include the use or threat of force toward a person. Provides that the resources shall include: (1) mentoring; (2) access to educational resources in collaboration with the State Board of Education; (3) employment training opportunities; (4) behavioral health services, including trauma informed services; (5) parent supports; and (6) any other resources that the Department deems helpful to youth convicted of nonviolent crimes. Provides that the Department may provide services through existing or new service contracts with community agencies. Provides that the circuit courts and probation departments may refer youth to this program. Provides that the Department shall not provide any supervision of court-ordered conditions under the program. Provides that on or before July 1, 2026, the Department shall publicize on its website the program and the process for referring eligible youth. Provides that the Department shall include the number of youth and families served and a summary of the types of services provided through this program in its annual report.