Criminal Justice

Amends the Community Emergency Services and Support Act. Replaces all references to the Division of Mental Health of the Department of Human Services with the Department of Human Services throughout the Act. Provides that 9-1-1 public safety answering points shall screen specific types of law enforcement calls and follow approved protocols and processes under the Act to identify callers experiencing behavioral health crises and to refer them for a behavioral health response. Provides that 9-1-1 public safety answering points shall open and follow the emergency medical dispatch protocols established under the Emergency Medical Services (EMS) Systems Act at the start of all emergency calls to ensure the protocols are used and applied consistently and uniformly to ensure that information related to behavioral health emergency calls is available for data collection and can be used to determine which calls should be referred for a behavioral health response. Provides that, among other things, each Regional Advisory Committee or subregional committee must (1) review regional and subregional crisis response system capacities and resources to inform planning and implementation and to foster collaboration across all sectors of the system and (2) determine the need for and make a plan to support local communities to develop and use other resources to create additional mobile mental health relief provider services to expand the capacity to provide more immediate service coverage. Amends the Emergency Telephone System Act. Provides that, beginning July 1, 2027, all public safety answering points shall use the protocols established under the Community Emergency Services and Support Act to identify behavioral and mental health-related emergencies that do not require a law enforcement response. Amends the Illinois State Police Law. Amends the Illinois Police Training Act. Provides that Crisis Intervention Team (CIT) training programs shall include, among other things, community response options including, the community response options under the Community Emergency Services and Support Act. Makes other changes.

Amends the Illinois State Police Act. Creates a registry of persistent domestic violence offenders within the Illinois State Police. Provides that the Illinois State Police shall maintain the registry based upon information supplied to the Illinois State Police by court clerks and information available to the Illinois State Police from the Department of Corrections and local law enforcement agencies. Provides that the Illinois State Police shall make the registry available for public inquiry on the Internet. Provides that the registry must consist of the persistent domestic violence offender's name, date of birth, conviction date, county of convictions, and a current photograph of the persistent domestic violence offender. Provides that, if a person is convicted of an offense committed against a domestic abuse victim and the person convicted has at least one prior conviction for an offense committed against a domestic abuse victim, then the court shall, upon proof of any prior convictions committed against a domestic abuse victim, order the person to register as a persistent domestic violence offender. Provides that a defendant who is required to register must be assessed a registration fee in the amount of $150. Provides that the Illinois State Police shall remove from the registry the name and other identifying information of a persistent domestic violence offender after a specified number of years following the defendant's most recent conviction.

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 if the court enters an order for the detention of the defendant pursuant to the denial of pretrial release provisions of the Code, the defendant shall be brought to trial on the offense in accordance with the speedy trial provisions of the Code (rather than brought to trial for the offense for which he is detained within 90 days after the date on which the order for detention was entered). Deletes the provision that if the defendant is not brought to trial within the 90-day period, he or she shall not be denied pretrial release.

Amends the Code of Criminal Procedure of 1963. Provides that notwithstanding the pretrial release and denial of pretrial release provisions of the Code, if the defendant is charged with any of the following offenses, then the burden is on the defendant to show by clear and convincing evidence that the defendant's pretrial release does not pose a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case: (1) a violation of an order of protection issued under the Code or the Illinois Domestic Violence Act of 1986, a stalking no contact order under the Stalking No Contact Order Act, or of a civil no contact order under the Civil No Contact Order Act; or (2) domestic battery or aggravated domestic battery under the Criminal Code of 2012.

Amends the Firearm Owners Identification Card Act. Provides that, notwithstanding any other provision of the Act to the contrary, on or after the effective date of the amendatory Act, the Illinois State Police may not revoke a Firearm Owner's Identification Card. Provides that on or after the effective date of the amendatory Act, a Firearm Owner's Identification Card may only be revoked after a Firearm Owner's Identification Card hearing has been held in the circuit court of the county of residence of the person whose Firearm Owner's Identification Card is sought to be revoked. Provides that, if the State's Attorney of the county of residence of the person whose Firearm Owner's Identification Card is sought to be revoked has probable cause to believe that the person who has been issued a Firearm Owner's Identification Card is no longer eligible for the Card under the Act, the State's Attorney shall file a petition in the circuit court of the county of residence of the person whose Card is sought to be revoked. Provides that at the hearing, the person may present evidence in his or her favor seeking retention of his or her Firearm Owner's Identification Card and the Illinois State Police and State's Attorney may present evidence for revocation. Provides that the hearing shall be a civil proceeding and subject to due process, the Code of Civil Procedure, and the Illinois Rules of Evidence as adopted by the Supreme Court. Provides that the hearing shall be held within 45 days after the filing of the petition. Provides that if the circuit court determines, by clear and convincing evidence, that the person is ineligible for retention of his or her Firearm Owner's Identification Card under the Act, the court shall order the Illinois State Police to immediately revoke the Card and the circuit clerk shall seize the Card and transmit the Card to the Illinois State Police. Establishes procedures for the Illinois State Police to suspend a Firearm Owner's Identification Card.

Appropriates $2,500,000 from the General Revenue Fund to the Department of Human Services for a grant to the Illinois Prison Project for the purposes of legal support, representation, and education for incarcerated persons in the Illinois Department of Corrections. Effective July 1, 2026.

Amends the Criminal Code of 2012. Provides that when compensation for labor or services is ordinarily paid immediately upon the rendering of the labor or services, the trier of fact may infer that the labor or services were obtained by deception if the person refuses to pay or absconds without payment or without an offer to pay for the labor or services. Effective immediately.

Amends the Illinois Controlled Substances Act. Provides that in addition to any other penalties provided by law, a person unlawfully selling or dispensing any scheduled drug containing a detectable amount of fentanyl is guilty of a Class X felony and shall be sentenced to a term of imprisonment of not less than 9 years and not more than 40 years or fined not more than $250,000, or both. Provides that it shall be a Class 1 felony for which a fine not to exceed $100,000 may be imposed for any person to knowingly use an electronic communication device in the furtherance of controlled substance trafficking involving a substance containing any amount of fentanyl. Provides that this penalty shall be in addition to any other penalties imposed by law. Defines "electronic communication device".

HB 5094 appropriates $15,000,000 from the General Revenue Fund to the Illinois Department of Human Services (DHS) for the Pretrial Success Program. This funding, effective July 1, 2026, directly supports DHS in implementing or expanding pretrial services, such as supervision, case management, or community-based alternatives to detention. The bill does not create new policy but allocates state funds to sustain existing pretrial services under DHS. It affects individuals in the pretrial system who may access these services and DHS as the administering agency.