Criminal Justice (Judges)

Amends the Protective Orders Article of the Code of Criminal Procedure of 1963 and the Orders of Protection Article of the Illinois Domestic Violence Act of 1986. Provides that notice and service of a protective order or an order of protection shall be deemed to have been made upon a respondent if the respondent was personally present in open court at the time the presiding judge issued the order, even if the respondent did not remain personally present for the duration of the court hearing to hear all of the conditions set by the presiding judge under the order.

Amends the Code of Criminal Procedure of 1963. Provides that when a defendant has previously been granted pretrial release for a felony or Class A misdemeanor and has been placed on electronic monitoring as a condition of release, that pretrial release shall be revoked upon a finding of probable cause that the defendant has committed a felony that is alleged to have occurred during the defendant's pretrial release after a hearing on the court's own motion or upon the filing of a verified petition by the State. Provides that pretrial detention shall continue pending resolution of the defendant's charges. Provides that the language that states at each subsequent appearance of the defendant before the court, the judge must find that continued detention is necessary to reasonably ensure the appearance of the defendant for later hearings or to prevent the defendant from being charged with a subsequent felony or Class A misdemeanor does not apply to a defendant whose pretrial release has been revoked pursuant to the new provision.

Amends the Code of Criminal Procedure of 1963. Provides that when a defendant has previously been granted pretrial release for a felony or Class A misdemeanor and has been placed on electronic monitoring as a condition of release, that pretrial release shall be revoked upon a finding of probable cause that the defendant has committed a felony that is alleged to have occurred during the defendant's pretrial release after a hearing on the court's own motion or upon the filing of a verified petition by the State. Provides that pretrial detention shall continue pending resolution of the defendant's charges. Provides that the language that states at each subsequent appearance of the defendant before the court, the judge must find that continued detention is necessary to reasonably ensure the appearance of the defendant for later hearings or to prevent the defendant from being charged with a subsequent felony or Class A misdemeanor does not apply to a defendant whose pretrial release has been revoked pursuant to the new provision.

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 Criminal Code of 2012. Provides that the penalty for aggravated battery is a Class 2 felony (rather than a Class 3 felony) when the person knows the individual battered to be a judge, State's Attorney, or Assistant State's Attorney: (1) performing his or her official duties; (2) battered to prevent performance of his or her official duties; or (3) battered in retaliation for performing his or her official duties. Effective immediately.

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 Illinois Criminal Justice Information Act. Provides that the quarterly data collected by the Pretrial Practices Data Oversight Board shall include the identity of the judges who preside over the pretrial detention hearings and the number of detention petitions each judge grants and denies. Amends the Code of Criminal Procedure of 1963. Provides that the court shall, in any order denying detention, make a written finding summarizing the court's reasons for concluding that the defendant should not be denied pretrial release, including why the defendant has been determined not to be 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, or that the defendant does not have a high likelihood of willful flight from prosecution.

Amends the Juvenile Court Act of 1987. Provides that, in proceedings under the Minors Requiring Authoritative Intervention, Addicted Minors, or Delinquent Minors Article, initiated in a county, other than the county in which the minor who is subject of the proceedings resides, the court in which the proceedings were initiated may at any time before or after adjudication of wardship transfer the case to the county of the minor's residence. Provides that not later than 15 working days after the date an order of transfer is entered, the clerk of the court transferring a proceeding shall send to the clerk of the receiving court in the county to which the transfer is being made an authenticated copy of the court record, including all documents, petitions, and orders filed therein, and the minute orders and docket entries of the court. Provides that the clerk of the receiving court shall set a status hearing within 10 business days after receipt of the case and shall notify the judge of the receiving court and all parties. Provides that the receiving court shall review the court record immediately upon receipt. Provides that within 20 business days after receipt of the record, the reviewing court shall send a notice to the transferring court indicating it has accepted the case and scheduled a status date. Provides that until the transferring court receives this notice it continues to have jurisdiction over the case. Provides that if for any reason the receiving court does not accept the transfer, the receiving court shall, within 20 business days after receiving the case, send a notice to the transferring court indicating its reasons. Provides that the transferring court will continue its jurisdiction of the case and shall set the matter for status within 20 business days. Effective immediately.

Creates the DUI Treatment Court Act. Provides that the Chief Judge of each judicial circuit may establish a DUI court program in compliance with the Problem-Solving Court Standards. Provides that, at the discretion of the Chief Judge, the DUI court program may be operated in one or more counties of the circuit. Allows defendants from all counties within the circuit to participate. Provides that DUI court programs must be certified by the Illinois Supreme Court. Provides that persons who committed specified offenses are excluded from the DUI court program. Provides that a judge assigned to preside over a DUI treatment court shall have experience, training, and continuing education in specified topics. Provides, subject to appropriation, for mandatory education seminars for DUI court prosecutors and public defenders. Provides that a defendant may be admitted into a DUI court program upon the consent of the defendant and with the approval of the court only if the person has been charged with driving under the influence or aggravated driving under the influence. Provides that, subject to certain limitations, the court may vacate or successfully terminate the participant's sentence or otherwise discharge the participant from any further proceedings upon successful completion of the terms and conditions of the program.

Creates the Restorative Justice Community Court Act. Provides that the chief judge of each judicial circuit shall establish at least one Restorative Justice Community Court and may establish additional satellite Restorative Justice Community Courts. Provides that Restorative Justice Community Courts shall be planned, operated, and evaluated in accordance with the Illinois Supreme Court Problem-Solving Court standards and shall obtain certification and maintain compliance with the requirements of the Administrative Office of the Illinois Courts. Provides that referral to the Restorative Justice Community Court may be initiated by the court; the defendant; counsel for the defendant; probation, pretrial services, or Restorative Justice Community Court staff; or the State's Attorney. Provides that, upon admission to a Restorative Justice Community Court, the court shall enter an order staying the criminal proceedings and tolling the speedy-trial period. Provides that, upon a finding by the court that a participant has successfully completed all conditions of a Restorative Justice Community Court Agreement, including obligations to repair harm, participate in restorative processes, and comply with services and supports identified in the restorative agreement, the court shall: (1) dismiss the charge or charges underlying the participant's admission to the Restorative Justice Community Court in the interests of justice and (2) enter an order dismissing the charge or charges and expunging the record of arrest and court proceedings in accordance with the Criminal Identification Act without any statutory waiting period. Amends the Code of Criminal Procedure of 1963 to make conforming changes. Effective January 1, 2027.