Criminal Justice

Amends the Code of Criminal Procedure of 1963. In a provision concerning the prosecution of a person for an offense of criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, aggravated criminal sexual abuse, aggravated battery, or aggravated domestic battery, deletes a provision which states that there is a rebuttable presumption that the testimony of a victim who is a child under 13 years of age shall occur outside the courtroom and the child's testimony shall be shown in the courtroom by means of a closed circuit television. Deletes that this presumption may be overcome if the defendant can prove by clear and convincing evidence that the child victim will not suffer severe emotional distress. Provides that, if the court denies the State's request for the child victim's testimony to be taken outside the courtroom, the court shall toll the speedy trial requirements for 30 days to allow the State to present the motion to the court again before trial requesting the child's testimony to be taken outside the courtroom by means of a closed circuit television.

Amends the Criminal Code of 2012. Modifies the offense of unauthorized video recording and live video transmission to also include unauthorized photographing. Provides that it is unlawful for any person to knowingly make a video record or transmit live video of or photograph another person in a courtroom or any location inside of a State courthouse without that person's consent or judicial authorization. Provides that a violation is a Class 4 felony or a Class 3 felony if the victim is a person who is a victim or witness in a criminal case and is present in court in his or her capacity as a victim or witness. Provides that it is unlawful for any person to place or cause to be placed a device that makes a video record or transmits live video or photographs another person in a courtroom or any location inside of a State courthouse without that person's consent or judicial authorization. Provides that a violation is a Class A misdemeanor. Defines "courthouse".

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.

Creates the Permanent Punishment Review Task Force Act. Establishes the Permanent Punishment Review Task Force. Provides for the Task Force's appointment and membership. Provides that the Illinois Criminal Justice Information Authority shall provide administrative and other support to the Task Force. Provides that the Illinois Criminal Justice Information Authority may collaborate with the co-chairing organization to help provide this support. Provides that the duties of the Task Force include: (1) researching and analyzing the statutory permanent punishments under Illinois law; (2) identifying factors and data relevant to determining whether a permanent punishment should be modified or eliminated based on available scholarship; (3) identifying or developing models, or both, for periodic, systematic review of Illinois's permanent punishment laws; (4) analyzing such models, including potential funding requirements, and proposing recommendations to the General Assembly; and (5) issuing a report, on or before January 1, 2028, setting forth those recommendations and summarizing the research and findings of the Task Force. 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 January 1, 2028, after which the Task Force is dissolved. Repeals the Act on July 1, 2028. Effective immediately.

Amends the Unified Code of Corrections. Provides that the Department of Corrections shall create and implement, on January 1, 2027, a pilot program to establish the effectiveness of long-acting injectable medications for opioid use disorders for persons committed to its custody who suffer from opioid use disorders. Provides that the pilot program shall require long-acting injectable medications for opioid use disorders to be used in at least one Department of Corrections facility. Provides that the Director may expand the pilot program to include an additional facility or facilities as he or she deems appropriate. Provides that a minimum of 4,000 administrations of long-acting injectable medications for opioid use disorders shall be included in the pilot program. Provides that the Department shall develop a plan to facilitate access to continued treatment for opioid use disorders in the community following the release of a person participating in the pilot program, including, but not limited to, a referral to a harm reduction provider. Provides that the Department must report to the General Assembly on the effectiveness of the program by January 1, 2028. Effective immediately.

Amends the Unified Code of Corrections. Provides that a person who is serving a term of mandatory supervised release shall receive one day of additional supervision credit for each day of his or her mandatory supervised release term. Provides that each day of supervision credit shall reduce by one day the person's period of mandatory supervised release. Provides that if prior to expiration or termination of the term of mandatory supervised release, a person violates a condition set by the Prisoner Review Board or a condition of mandatory supervised release to govern that term, the Board may extend the term of mandatory supervised release by revoking supervision credit earned.

Amends the Code of Criminal Procedure of 1963. Provides that if the court orders an unfit defendant to be placed in the custody of the Department of Human Services, during the period of time required to determine bed and placement availability at the designated facility, the defendant may (rather than shall) remain in jail. Makes technical changes in a provision concerning credit for good behavior.

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.

Amends the Juvenile Court Act of 1987 and the Code of Criminal Procedure of 1963. Provides that unreliable statements to law enforcement made during a custodial interrogation conducted at a police station or other place of detention by a defendant are inadmissible at trial in any criminal court proceeding or juvenile court proceeding for the prosecution of a homicide. Provides that in any proceeding under this provision, the prosecution shall timely disclose prior to any relevant evidentiary hearing or trial its intent to introduce a statement made during a custodial interrogation conducted at a place of detention. Provides that at that time, the prosecution must tender any electronic recordings of the statement and any documents relating to the circumstances under which the statement was obtained and any other evidence the State intends to rely upon to determine the statement's reliability. Provides that before trial, a defendant may move to exclude a statement alleged to be unreliable. Provides that the defendant shall specifically identify the statement or statements alleged to be unreliable. Provides that at the hearing, it shall be the burden of the prosecutor to prove by a preponderance of the evidence that the statement is reliable. Provides that when deciding a statement's reliability, a court should consider: (1) whether the details in the statement fit with the evidence known before the interrogation, especially details that describe unusual or not easily guessed facts of the crime that had not been made public; (2) whether the statement provides any new details or any new evidence not known before the interrogation that can be independently corroborated after the interrogation; (3) whether facts of the crime were disclosed to the defendant rather than originated with the defendant; (4) whether the defendant recanted the defendant's statement at any time and the circumstances of that recantation; (5) whether the statement was electronically recorded; and (6) any other information relevant to the reliability of the statement.

Amends the Criminal Code of 2012. Provides that the offense of methamphetamine trafficking may be tried in any county. Permits the Attorney General to authorize certain eavesdropping requests from law enforcement. Amends the Code of Criminal Procedure of 1963. Permits the Attorney General or an Assistant Attorney General authorized by the Attorney General to authorize an application to a circuit judge or an associate judge assigned by the Chief Judge of the circuit for, and such judge may grant in conformity with the Judicial Supervision of the Use of Eavesdropping Devices Article of the Code, an order authorizing or approving the use of an eavesdropping device by a law enforcement officer or agency having the responsibility for the investigation of any felony under Illinois law where any one party to a conversation to be monitored, or previously monitored in the case of an emergency situation, has consented to such monitoring. Amends the Statewide Grand Jury Act. Provides that a Statewide Grand Jury may investigate, indict, and prosecute theft, retail theft, Internet offenses, continuing financial crimes enterprise, vehicular hijacking, aggravated vehicular hijacking, vehicular invasion, burglary, residential burglary, and home invasion if the offense involves acts occurring in more than one county of the State.