Criminal Justice

Amends the Criminal Code of 2012. Provides that court security officers are exempt from provisions barring the carrying and possession of weapons in a vehicle, concealed upon one's person, or upon public streets, alleys, or other public lands within the corporate limits of a municipality. Amends the County Jail Act. Provides that court security officers shall be deemed to be qualified law enforcement officers or, if retired, shall be deemed qualified retired or separated law enforcement officers in Illinois for purposes of coverage under the federal Law Enforcement Officers Safety Act of 2004 and shall have all rights and privileges granted by that Act if the court security officer or retired court security officer is otherwise compliant with the applicable laws of this State governing the implementation and administration of the federal Law Enforcement Officers Safety Act of 2004 in the State of Illinois.

Amends the Code of Criminal Procedure of 1963. Provides that no condition or combination of conditions of pretrial release can materially mitigate (rather than mitigate) (i) the real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case, for offenses listed in the denial of pretrial release provisions of the Code, or (ii) the defendant's willful flight for specified offenses listed in the denial of pretrial release provisions. Amends the Unified Code of Corrections. Deletes a provision providing that home detention for purposes of credit for time served in custody includes restrictions on liberty such as curfews restricting movement for 12 hours or more per day and electronic monitoring that restricts travel or movement. Deletes a provision providing that electronic monitoring is not required for home detention to be considered custodial for purposes of sentencing credit.

Amends the Criminal Code of 2012. Provides that the offense of abuse of a corpse includes intentionally, in the process of concealing the death of a person, using chemicals, fire, burying, submerging in water, or a combination of those acts. Provides that a violation is a Class X felony. Amends the Code of Criminal Procedure of 1963. Provides that the offense is eligible for pretrial detention if it is alleged that the defendant's pretrial release poses 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.

Amends the Code of Criminal Procedure of 1963. Provides that notwithstanding any other law to the contrary, a peace officer who arrests a person for a felony and reasonably believes that the person arrested is residing in the United States in violation of the federal Immigration and Nationality Act, may inquire about the immigration status of the person arrested. Provides that the peace officer may notify U.S. Immigration and Customs Enforcement of the person's arrest and pending prosecution when the peace officer reasonably believes that the person arrested for a felony is residing in the United States in violation of the federal Immigration and Nationality Act. Provides that upon request from any federal agency, law enforcement agencies shall provide known immigration status of any person arrested or charged with a felony. Amends the Illinois TRUST Act to make conforming changes.

Creates the Court Access, Safety, and Participation Act. Makes legislative findings concerning access to the courts. Creates a privilege from civil arrest for a person who in good faith is attending a State court proceeding or who is going to, remaining at, or returning from the place of the court proceeding. Provides that a person who violates provisions of the Act is liable for civil damages for false imprisonment, including actual damages and statutory damages of $10,000, if that person knew or reasonably should have known that the person arrested is a person duly and in good faith attending a State court proceeding in which the person is a party, a witness, a potential witness, or a court companion of a party, witness, or potential witness while going to, remaining at, and returning from the court proceeding. Authorizes a court to grant any equitable or declaratory relief it deems appropriate and just. Prohibits an action from being commenced under the Act against the Illinois court system or any Illinois court system personnel acting lawfully under duty to maintain safety and order in the courts. Provides that nothing in the Act affects any right or defense of any person, police officer, peace officer or public officer, or any Illinois court system personnel acting lawfully under their duty to maintain safety and order in the courts. Makes other changes. Specifies that the provisions of the Act are severable. Effective immediately.

Amends the Code of Criminal Procedure of 1963. Provides that the pretrial services agency with jurisdiction over the defendant shall immediately notify a law enforcement agency located in the county or municipality where the defendant resides and the State's Attorney's office if a defendant on pretrial release violates a no contact order, is removed from electronic monitoring, or violates the conditions of an electronic monitoring order.

Amends the Code of Criminal Procedure of 1963. Provides that in cases involving domestic violence or sex offenses, as defined in the Sex Offender Registration Act, in which the victim, at the time of the offense, was under 18 years of age, the presumption is that the defendant is to be detained, unless the judge makes a finding that the defendant is not a threat to the alleged victim, witnesses, or community. Provides that upon this finding, the defendant is entitled to be released on personal recognizance on the condition that the defendant attend all required court proceedings and the defendant does not commit any criminal offense and complies with all terms of pretrial release. Provides that upon verified petition by the State, the court shall hold a hearing and may deny a defendant pretrial release if the defendant is charged with domestic battery or aggravated domestic battery or a sex offense, as defined in the Sex Offender Registration Act, in which the victim, at the time of the offense, was under 18 years of age and the judge cannot make a finding that (rather than it is alleged that) the defendant's pretrial release does not pose (rather than poses) a real and present threat to the safety of the victim, the victim's family, or society (rather than any person or persons or the community), based on the specific articulable facts of the case.

Creates the Court Access, Safety, and Participation Act. Makes legislative findings concerning access to the courts. Creates a privilege from civil arrest for a person who in good faith is attending a State court proceeding or who is going to, remaining at, or returning from the place of the court proceeding. Creates a civil cause of action for a violation of the Act if the person alleged to have violated the Act knew or reasonably should have known that the person arrested is a person duly and in good faith attending a State court proceeding in which the person is a party, a witness, a potential witness, or a court companion of a party, witness, or potential witness while going to, remaining at, and returning from the court proceeding. Provides that the injured person may recover statutory damages of $10,000 and actual damages, any equitable or declaratory relief the court deems appropriate and just, and reasonable attorney's fees and costs for a successful action. Prohibits an action from being commenced under the Act against the Illinois court system or any Illinois court system personnel acting lawfully under duty to maintain safety and order in the courts. Provides that nothing in the Act affects any right or defense, including any existing qualified immunity defense, of any person, police officer, peace officer or public officer, or any Illinois court system personnel acting lawfully under their duty to maintain safety and order in the courts. Makes other changes. Specifies that the provisions of the Act are severable. Effective immediately.

Amends the Unified Code of Corrections. Provides that, on or after the effective date of the amendatory Act, when a person commits an offense and the person is under 21 years of age at the time of the commission of the offense, the court, at the sentencing hearing, shall consider certain additional factors in mitigation in determining the appropriate sentence. Provides, that notwithstanding any other provision of law, if the defendant is under 18 at the time of the commission of the offense and convicted of first degree murder and would otherwise be subject to sentencing under certain provisions, the court shall impose a sentence of not less than 40 years of imprisonment. Provides that, in addition, the court may, in its discretion, decline to impose the sentencing enhancements based upon the possession or use of a firearm during the commission of the offense.

Creates the Community-Based Corrections Act. Provides that the Department of Corrections shall establish a program that funds community-based nonprofit providers to serve emerging adults as an alternative to traditional incarceration. Provides that community-based providers shall offer housing, workforce training, mental health counseling, and restorative justice programming in alignment with State guidelines. Provides that the program shall be subject to judicial discretion, allowing sentencing judges to assign eligible individuals to community-based settings instead of Department of Corrections facilities. Provides that all community-based providers must have a written agreement with a restorative justice court for all emerging adults within their care to participate in the restorative justice court programs. Provides that community-based providers shall be compensated at a rate equivalent to the monthly per-inmate cost of incarceration as determined by the Department in its Fiscal Impact Statement. Community-based providers shall be paid on a monthly basis for the number of individuals within their care. Provides that the Department of Corrections shall allocate existing budget authority for contractual services to fund the program created by the Act. Provides that the Department of Human Services shall establish operational standards, including housing conditions, workforce training quality, and mental health support services, to ensure program efficacy. Provides that the Department of Human Services shall monitor and evaluate providers to maintain compliance with State and judicial requirements. Provides that community-based providers shall submit annual reports to the Department of Corrections and the Department of Human Services detailing participant outcomes, including recidivism rates, employment statistics, and community reintegration success. Provides that the Department of Corrections shall report program performance to the General Assembly annually, including cost savings from reduced incarceration based on emerging adults participating with community-based providers for fewer years than they would serve in a Department of Corrections facility. Effective immediately.