Criminal Justice

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. 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.

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 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.

Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Makes changes in provisions concerning definitions; oaths, subpoenas, and penalties; applicants with criminal convictions; qualification for licensure or registration; health care worker licensure actions; automatic suspension of a health care worker's license; the publication of disciplinary actions; and records of Department actions. Amends the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985. In provisions concerning required licensure, provides that an application shall not be automatically placed on hold, delayed, denied, or otherwise not processed by the Department of Financial and Professional Regulation because it was submitted by a person who is incarcerated. Amends the Health Care Professional Credentials Data Collection Act. In provisions concerning licensure records, provides that licensure records designated confidential and considered sealed (rather than expunged) for reporting purposes by the licensee are not reportable under the Act. Amends the Unified Code of Corrections. In provisions concerning loss and restoration of rights, provides that no application for specific licenses granted under the authority of the State shall be denied to (rather than denied by reason of) an eligible offender who has obtained a certificate of relief from disabilities, having been previously convicted of one or more criminal offenses (rather than or by reason of a finding of lack of "good moral character"), when the finding is solely based upon the fact that the applicant has previously been convicted of one or more criminal offenses, except for certain circumstances. Repeals provisions concerning the Department of Financial and Professional Regulation's annual report to the General Assembly. Makes other changes. Effective immediately.

Amends the Code of Criminal Procedure of 1963. Provides that a petitioner for post-conviction relief who was convicted of a felony offense committed when that person was under 21 years of age who seeks leave to file a successive post-conviction petition claiming that his or her sentence violates the proportionate penalties clause of the Illinois Constitution does not have to demonstrate cause. Effective immediately.

Amends the Officers and Employees Article of the Counties Code. Allows public defenders who are representing a client in a criminal case to also represent the client in summary suspension or revocation hearings under a specified provision in the Illinois Vehicle Code.

Amends the Law Enforcement Officer-Worn Body Camera Act. Provides that a law enforcement agency shall disclose a recording made with the use of an officer-worn body camera, upon request, to (i) the subject of the encounter captured on the recording, (ii) the legal representative of the subject of the encounter captured on the recording, (iii) the officer who wore the camera that made the recording, (iv) the legal representative of the officer who wore the camera that made the recording, (v) a person who has written permission from the subject of the encounter to receive the recording, or (vi) a person who has written permission from the officer who wore the camera that made the recording to receive the recording. Provides that all recordings made with an officer-worn body camera may (rather than must) be destroyed after 90 days, unless any encounter captured on the recording has been flagged. Makes changes to the definition of "law enforcement officer" in the Act. Amends the Eavesdropping Article to the Criminal Code of 2012. Provides that recordings made in accordance with the Law Enforcement Officer-Worn Body Camera Act are exempt from the Article. Effective immediately.

Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. In provisions concerning applicants with criminal convictions, requires the Department of Financial and Professional Regulation to consider various factors when considering whether a prior conviction is directly related to the ability of an applicant to safely perform the duties, functions, and responsibilities of the position (instead of whether a prior conviction will impair the ability of the applicant to engage in the practice). Removes the requirement that a person who is licensed or registered to engage in any of the professions licensed or registered by the Department be of good moral character. Prohibits the Department from using a vague term in its consideration of a criminal record and decision regarding whether a criminal record is disqualifying for licensure, certification, or registration, including, but not limited to, "good moral character", "moral turpitude", or "character and fitness". Makes other changes. Amends the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985. Provides that no application shall be automatically placed on hold, delayed, denied, or otherwise not processed by the Department because it was submitted by a person who is incarcerated. Provides that when determining the qualifications for a license, the Department shall include practice that is supervised by a licensee while a person is incarcerated.

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.