Creates the Family Justice Centers Act. Authorizes cities, counties, the State, and community-based nonprofits to establish multiagency, multidisciplinary Family Justice Centers to serve survivors of domestic violence, sexual violence, stalking, and human trafficking. Sets requirements for center operations, including survivor consent and confidentiality policies, privacy protections, collaboration with law enforcement and community providers, operating agreements, survivor feedback processes, and annual training standards. Provides a framework for coordinated service delivery among participating agencies. Declares findings. Defines terms.
Amends the Substance Use Disorder Treatment for Criminal Justice Clients Article of the Substance Use Disorder Act. Changes references from "treatment" to "case management" and changes the name of the Article. Provides that nothing in provisions concerning case management shall preclude any individual with a substance use disorder who is charged with or convicted of a crime from receiving case management services with a designated program if such services are ordered by the court. Provides that the court, with the consent of the defendant and the State's Attorney, may, without entering a judgment, sentence the defendant to probation under a provision concerning case management as a condition of probation. Provides that the sentence to probation under the provisions shall not be considered a conviction under Illinois law unless and until judgment is entered upon violation of a term or condition of probation. Provides that, upon fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the proceedings against the person. Provides that case management services by a designated program may be made a condition of pretrial release, and failure to comply with such services may be treated as a violation of a condition of pretrial release. Requires the designated program to make periodic progress reports regarding each such defendant to the appropriate pretrial services agency or Office of Statewide Pretrial Services and to report failures to comply with the requirements of the designated program. Makes conforming and other changes.
Amends the Juvenile Court Act of 1987. Provides that the State's Attorney may file a written petition, at any time prior to commencement of the minor's trial, to designate the proceeding as an extended jurisdiction juvenile prosecution when the petition alleges the commission by a minor 15 (rather than 13) years of age or older of any offense that would be a felony if committed by an adult. Provides that, upon filing of a petition, the judge shall conduct a hearing at which he or she shall first determine whether there is probable cause to believe that the allegations in the petition and motion are true. Provides that, if probable cause is found, the judge may enter an order designating the proceeding as an extended jurisdiction juvenile proceeding if the judge makes a finding based on clear and convincing evidence that sentencing under the Unified Code of Corrections may be appropriate for the minor based on an evaluation of certain factors. Provides that the judge shall consider: (1) the minor's age, impetuosity, and level of maturity at the time of the offense, including the ability to consider risks and consequences of behavior, and any presence of cognitive or developmental disability, or both, including if a comprehensive mental health evaluation of the minor was conducted by a qualified mental health professional, the outcome of the evaluation; and (2) the history of the minor, including the minor's family, home environment, educational and social background, including any history of parental neglect, domestic or sexual violence, sexual exploitation, physical abuse, or other childhood trauma, including adverse childhood experiences. Makes other changes.
Amends the Code of Criminal Procedure of 1963. Provides that a petitioner may not be denied a protective order because the petitioner or the respondent is a minor or solely upon the basis that the respondent or petitioner is incarcerated in a penal institution at the time of the issuance of the order. Amends the Illinois Domestic Violence Act of 1986. Provides that a petition for an order of protection may be filed by: (i) a crime victim who was abused by an family or household member before the incarceration of the offender in a penal institution, and the offender is incarcerated in a penal institution at the time of the filing of the petition; or (ii) any person who has previously suffered abuse by a family or household member convicted of domestic battery, aggravated domestic battery, aggravated battery; any other offense that would constitute domestic violence; or a violent crime as defined in the Rights of Crime Victims and Witnesses Act committed against another person. Effective immediately.
Creates the Equitable Access to Education, Employment, and Training for Incarcerated Individuals with Disabilities Act. Provides that reasonable accommodations for incarcerated individuals with an intellectual disability or a developmental disability shall include a waiver of any requirement that the individual take the Test of Adult Basic Education and receive a passing score, or take and receive a passing score on any other examination or test that the Department may require to determine academic achievement or access to educational programs, work assignments, and vocational programs. Provides that participation in these programs through the Test of Adult Basic Education waiver and other reasonable accommodations shall qualify individuals with an intellectual disability or a developmental disability to earn earned sentence credit, consistent with opportunities provided to other incarcerated individuals. Provides that Department of Corrections staff, including educational personnel, shall receive annual training on: (1) identifying individuals who have an intellectual disability or a developmental disability; (2) providing accommodations and supports to an individual with an intellectual disability or a developmental disability in educational, employment. and vocational settings; and (3) administering appropriate alternative assessments. Provides that staff training programs shall be developed in collaboration with disability advocacy organizations and educational institutions. Provides that the Department shall ensure compliance with federal disability laws, including the Americans with Disabilities Act and Rehabilitation Act of 1973, through the implementation of the Act. Provides that individuals with an intellectual disability or a developmental disability who are denied access to programs or accommodations under the Act may file a grievance through the Department's established grievance procedures. Effective immediately.
Amends the First Responders Suicide Prevention Act. Provides that confidentiality protections under the Act apply regardless of whether the peer support person is employed by, or affiliated with, the same agency as the first responder receiving support. Provides that, except in specified circumstances, all communications, records, notes, reports, or information disclosed during, or in connection with, a critical incident stress management session is confidential and may not be disclosed by any CISM practitioner. Provides that a CISM practitioner may not be compelled to testify or disclose any communication, record, note, report, or information disclosed during, or in connection with, a critical incident stress management session in any administrative, civil, or criminal proceeding. Provides that the confidentiality protections under the provisions apply whether or not the CISM practitioner is affiliated with the same agency as the individual receiving services. Provides that any communication described in the provisions is subject to subpoena for good cause shown. Provides that the confidentiality protections under the provisions do not apply to (1) any threat of suicide or homicide made by a participant in a peer support counseling session or any information conveyed in a peer support counseling session related to a threat of suicide or homicide; (2) any information mandated by law or agency policy to be reported, including, but not limited to, domestic violence, child abuse or neglect, or elder abuse or neglect; (3) any admission of criminal conduct; or (4) an admission or act of refusal to perform duties to protect others or the employee of the emergency services provider or law enforcement agency. Defines "CISM practitioner" and "CISM services".
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 Criminal Code of 2012. Provides that a caregiver also commits criminal abuse or neglect of an elderly person or person with a disability when he or she knowingly: (1) performs acts that create the substantial likelihood that the person's life will be endangered, health will be injured, or pre-existing physical or mental condition will deteriorate; or (2) fails to perform acts that he or she knows or reasonably should know are necessary to maintain or preserve the life or health of the person and that failure creates a substantial likelihood that the person's life will be endangered, health will be injured, or pre-existing physical or mental condition will deteriorate. Provides that a violation is a Class A misdemeanor. Defines "voluntarily assumed the responsibilities for care". Changes the definition of "caregiver". In the statute concerning financial exploitation of an elderly person or a person with a disability, defines "undue influence".
Amends the Sexual Assault Incident Procedure Act. Provides that a law enforcement officer shall inform a victim of sexual assault or sexual abuse of the right to request that any interview or statement be conducted in the presence of a law enforcement officer of a particular sex or gender, if one is reasonably available. Provides that if a law enforcement officer of the requested sex or gender is not reasonably available, the interview or statement shall proceed without unnecessary delay.
Amends the Court of Claims Act. Provides that the Court of Claims has exclusive jurisdiction to hear all claims against the State for time unjustly served in State prisons, in county jails, in county juvenile detention facilities, or in Illinois Youth Centers, on parole or probation, or registered as a sex offender if the person was unjustly convicted or adjudicated a delinquent and received a pardon from the Governor on the ground of innocence of the crime for which the person was convicted or adjudicated a delinquent or the person received a certificate of innocence. Removes language providing the amount of the award the court may give for a successful claim. Provides instead that the court shall make an award of $50,000 per year during which the person was wrongfully incarcerated and $25,000 for each year during which the person was wrongfully on parole or probation or required to register as a sex offender. Provides that the changes made by the amendatory Act apply to claims pending or filed on or after the effective date of the amendatory Act. Amends the Code of Civil Procedure. Allows any person who is convicted or adjudicated a delinquent and then serves any part of a sentence of incarceration in a State prison, in a county jail, in a county juvenile detention facility, or in a Illinois Youth Center, on parole or probation, or registered as a sex offender (rather than convicted and subsequently imprisoned) for one or more felonies by the State that the person did not commit may file a petition for certificate of innocence. Requires the court to make an award of reasonable attorney's fees, costs, and expenses after awarding a certificate of innocence. Provides that any person seeking a certificate of innocence based on the dismissal of a juvenile delinquency petition or an acquittal that occurred before the effective date of the amendatory Act shall file a petition within 4 years after the effective date of the amendatory Act, and any person seeking a certificate of innocence based on the dismissal of a juvenile delinquency petition or an acquittal that occurred on or after the effective date of the amendatory Act shall file a petition within 2 years after the dismissal or acquittal. Effective immediately.
