Criminal Justice

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.

Reaffirms the right to due process as the bedrock of a fair judicial system. Condemns racial profiling and the violent tactics that are eroding trust in all of law enforcement. Condemns the lawless actions of the Trump Administration that have defied local and constitutional laws and denied people of all types of immigration status their rights to due process.

Amends the School Code. Provides that the State Board of Education shall require that each school district annually report the number of students who were referred to a law enforcement agency or official and the number of instances of referrals to law enforcement that students received. Provides that on or before January 31, 2027 and on or before January 31 of each subsequent year, the State Board of Education shall prepare a report on student referrals to law enforcement in all school districts in the State. Requires a parent-teacher advisory committee to develop policy guideline procedures to establish and maintain a reciprocal reporting system between the school district and local law enforcement agencies regarding both criminal and civil offenses (rather than only criminal offenses) committed by students. Removes language providing that a student may not be issued a monetary fine or fee as a disciplinary consequence. Instead, prohibits school personnel from issuing a monetary fine, fee, ticket, or citation for a municipal code violation. Provides that school personnel (rather than a school district) may not refer a truant, chronic truant, or truant minor to any other local public entity, school resource officer, or peace officer (rather than only to any other local public entity) for that local public entity, school resource officer, or peace officer to issue the child a fine or fee as punishment for truancy. Effective immediately.

Creates the State Public Defender Act. Creates the Office of State Public Defender as an agency of State government. Provides that the Office of State Public Defender shall be an independent agency within the judicial branch of government and the Office's records shall be subject to the Freedom of Information Act. Provides that the Office of State Public Defender shall be under the supervision and direction of the State Public Defender. Sets forth the powers and duties of the State Public Defender, including the duties of the initial State Public Defender. Provides that the initial State Public Defender shall be appointed by the Supreme Court. Sets forth specified duties and responsibilities of the initial State Public Defender. Creates the State Public Defender Commission. Sets forth membership and duties of the Commission. Amends the Public Defender and Appointed Counsel Division of the Counties Code. Provides that any 2 or more counties of this State that are within the same judicial circuit may by joint resolution of the several county boards involved create a common Office of public defender for the counties so joined or allow representation in one county by the public defender appointed in the collaborating county (rather than 2 or more adjoining counties within the same judicial circuit may create a common Office of public defender). Provides that, when a vacancy occurs in the position of public defender, the State Public Defender shall nominate and the State Public Defender Commission shall appoint a properly qualified public defender using the application and selection process developed under the State Public Defender Act. Removes certain differences based upon county populations. Removes provisions relating to the Public Defender Quality Defense Task Force. Provides that a public defender may be removed only for good cause or dereliction of duty after notice and a hearing before the State Public Defender Commission (rather than by the president of the county board after a notice and hearing of the county board). Modifies how a public defender is compensated and how moneys in the Public Defender Fund may be used. Makes other changes. Amends various Acts to make conforming changes.

Amends the Illinois Insurance Code. Provides that an insurer or producer authorized to issue policies of insurance in the State may not make a distinction or otherwise discriminate between persons, reject an applicant, cancel a policy, or demand or require a higher rate of premium for reasons based solely upon the basis that an applicant or insured has been convicted of a felony.

Amends the Code of Criminal Procedure of 1963. Adds a Diversion of Unfit Misdemeanants Article to the Code. Provides that a defendant charged with one or more misdemeanors and for whom a court has determined that a bona fide doubt of the defendant's fitness has been raised may be admitted into an unfit misdemeanant diversion program only upon the approval of the court. Provides that the Illinois Supreme Court or any circuit court of the State may adopt rules establishing unfit misdemeanant diversion programs consistent with the Article. Provides that the court shall require an eligibility screening and an assessment of the defendant to determine whether the defendant may be able to receive mental health services under the Mental Health and Developmental Disabilities Code which shall reasonably assure his or her safety and that of the public and his or her continued participation in treatment. Provides that if, following this screening, the State and the defendant agree to the diversion and the court determines that the defendant is appropriate for diversion, the criminal charges may be dismissed with prejudice. Provides that if the court does not approve, the court shall order a fitness examination and the matter shall be governed by any other relevant provisions of the Fitness for Trial, To Plead, or to be Sentenced Article of the Code. Provides that the misdemeanant diversion program may maintain or collaborate with mental health and substance use treatment providers necessary to provide a continuum of treatment options commensurate with the needs of the defendant and available resources. Treatment programs shall comply with all relevant statutes and rules. Requires the Department of Human Services to provide care to persons determined to be subject to involuntary admission on an inpatient basis as defined in the Mental Health and Developmental Disabilities Code or may make arrangements with any other appropriate inpatient mental health facility to provide those services. Makes conforming changes in the Fitness for Trial, To Plead, or to be Sentenced Article of the Code. Provides that the Act may be referred to as the Diversion of Unfit Misdemeanants Act.

Amends the County Department of Corrections Division of the Counties Code, the Unified Code of Corrections, and the County Jail Act. Provides that, upon the release of a prisoner or committed person from a county correctional institution, county jail, or Department of Corrections correctional institution or facility, the sheriff, warden, or Department shall provide the prisoner or committed person with an opioid antagonist if the prisoner was incarcerated for drug-related charges or was identified as having a substance abuse disorder.

Amends the Unified Code of Corrections. In the provision concerning parole review of persons under the age of 21 at the time of the commission of an offense, provides that any date after serving the minimum term of years to become eligible for parole review or up to 3 years prior to becoming eligible for parole review, the eligible person may file his or her petition for parole review with the Prisoner Review Board. Provides that within 30 days of receipt of this petition, the Prisoner Review Board shall determine whether the petition is appropriately filed, and if so, shall set a date for parole review 3 years from receipt of the petition or the date the person is eligible for parole review, whichever date is sooner, and notify the Department of Corrections within 10 business days. Provides that in no such circumstance shall the hearing be scheduled sooner than one year from the date of the determination that the petition is appropriately filed.

Amends the Illinois Police Training Act. Provides that no law enforcement agency shall make an offer of employment for the position of probationary police officer, probationary part-time police officer, full-time law enforcement officer, or part-time law enforcement officer without requiring the execution of a signed release from the applicant, directing any and all entities that previously employed the individual to produce or make available for inspection all employment records, including background investigation materials collected in connection with making an offer of employment, duty-related physical and psychological fitness-for-duty examinations, work performance records, criminal, civil, or administrative investigations of conduct, arrests, convictions, findings of guilt, pleas of guilty, or pleas of nolo contendere. Provides that, with specified exceptions, all records shall be produced without any redaction and no nondisclosure, separation, or settlement agreement shall prevent the production of these records. Provides that the provisions do not apply to the extent that they would impair an existing collective bargaining agreement. Sets forth provisions concerning: (i) the procedures for requesting employment records; (ii) the deadlines for providing the records; (iii) the penalties for failing to produce the records in accordance with the provisions; and (iv) an example of an acceptable release form. Requires the receipt of a written release for an entity to have immunity for the release of information. Makes other changes to immunity-related provisions. Amends the Sheriff's Merit System Law of the Counties Code. Provides that the county board of any county having a population of at least 75,000 must adopt and implement, by ordinance, the merit system provided by the Sheriff's Merit System Law. Provides that the county board of any county having a population of less than 75,000 (rather than 1,000,000) which does not have a merit board or merit commission for sheriff's personnel may adopt and implement, by ordinance, the merit system provided by the Sheriff's Merit System Law. Makes other and conforming changes.