Sen. Elgie R. Sims, Jr.

Filed: 5/31/2021

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1 AMENDMENT TO HOUSE BILL 3443

2 AMENDMENT NO. ______. Amend House Bill 3443, AS AMENDED,

3 by replacing everything after the enacting clause with the

4 following:

5 "Section 3. The Illinois Public Labor Relations Act is

6 amended by changing Section 14 as follows:

7 (5 ILCS 315/14) (from Ch. 48, par. 1614)

8 (Text of Section before amendment by P.A. 101-652)

9 Sec. 14. Security employee, peace officer and fire fighter

10 disputes.

11 (a) In the case of collective bargaining agreements

12 involving units of security employees of a public employer,

13 Peace Officer Units, or units of fire fighters or paramedics,

14 and in the case of disputes under Section 18, unless the

15 parties mutually agree to some other time limit, mediation

16 shall commence 30 days prior to the expiration date of such

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1 agreement or at such later time as the mediation services

2 chosen under subsection (b) of Section 12 can be provided to

3 the parties. In the case of negotiations for an initial

4 collective bargaining agreement, mediation shall commence upon

5 15 days notice from either party or at such later time as the

6 mediation services chosen pursuant to subsection (b) of

7 Section 12 can be provided to the parties. In mediation under

8 this Section, if either party requests the use of mediation

9 services from the Federal Mediation and Conciliation Service,

10 the other party shall either join in such request or bear the

11 additional cost of mediation services from another source. The

12 mediator shall have a duty to keep the Board informed on the

13 progress of the mediation. If any dispute has not been

14 resolved within 15 days after the first meeting of the parties

15 and the mediator, or within such other time limit as may be

16 mutually agreed upon by the parties, either the exclusive

17 representative or employer may request of the other, in

18 writing, arbitration, and shall submit a copy of the request

19 to the Board.

20 (b) Within 10 days after such a request for arbitration

21 has been made, the employer shall choose a delegate and the

22 employees' exclusive representative shall choose a delegate to

23 a panel of arbitration as provided in this Section. The

24 employer and employees shall forthwith advise the other and

25 the Board of their selections.

26 (c) Within 7 days after the request of either party, the

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1 parties shall request a panel of impartial arbitrators from

2 which they shall select the neutral chairman according to the

3 procedures provided in this Section. If the parties have

4 agreed to a contract that contains a grievance resolution

5 procedure as provided in Section 8, the chairman shall be

6 selected using their agreed contract procedure unless they

7 mutually agree to another procedure. If the parties fail to

8 notify the Board of their selection of neutral chairman within

9 7 days after receipt of the list of impartial arbitrators, the

10 Board shall appoint, at random, a neutral chairman from the

11 list. In the absence of an agreed contract procedure for

12 selecting an impartial arbitrator, either party may request a

13 panel from the Board. Within 7 days of the request of either

14 party, the Board shall select from the Public Employees Labor

15 Mediation Roster 7 persons who are on the labor arbitration

16 panels of either the American Arbitration Association or the

17 Federal Mediation and Conciliation Service, or who are members

18 of the National Academy of Arbitrators, as nominees for

19 impartial arbitrator of the arbitration panel. The parties may

20 select an individual on the list provided by the Board or any

21 other individual mutually agreed upon by the parties. Within 7

22 days following the receipt of the list, the parties shall

23 notify the Board of the person they have selected. Unless the

24 parties agree on an alternate selection procedure, they shall

25 alternatively strike one name from the list provided by the

26 Board until only one name remains. A coin toss shall determine

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1 which party shall strike the first name. If the parties fail to

2 notify the Board in a timely manner of their selection for

3 neutral chairman, the Board shall appoint a neutral chairman

4 from the Illinois Public Employees Mediation/Arbitration

5 Roster.

6 (d) The chairman shall call a hearing to begin within 15

7 days and give reasonable notice of the time and place of the

8 hearing. The hearing shall be held at the offices of the Board

9 or at such other location as the Board deems appropriate. The

10 chairman shall preside over the hearing and shall take

11 testimony. Any oral or documentary evidence and other data

12 deemed relevant by the arbitration panel may be received in

13 evidence. The proceedings shall be informal. Technical rules

14 of evidence shall not apply and the competency of the evidence

15 shall not thereby be deemed impaired. A verbatim record of the

16 proceedings shall be made and the arbitrator shall arrange for

17 the necessary recording service. Transcripts may be ordered at

18 the expense of the party ordering them, but the transcripts

19 shall not be necessary for a decision by the arbitration

20 panel. The expense of the proceedings, including a fee for the

21 chairman, shall be borne equally by each of the parties to the

22 dispute. The delegates, if public officers or employees, shall

23 continue on the payroll of the public employer without loss of

24 pay. The hearing conducted by the arbitration panel may be

25 adjourned from time to time, but unless otherwise agreed by

26 the parties, shall be concluded within 30 days of the time of

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1 its commencement. Majority actions and rulings shall

2 constitute the actions and rulings of the arbitration panel.

3 Arbitration proceedings under this Section shall not be

4 interrupted or terminated by reason of any unfair labor

5 practice charge filed by either party at any time.

6 (e) The arbitration panel may administer oaths, require

7 the attendance of witnesses, and the production of such books,

8 papers, contracts, agreements and documents as may be deemed

9 by it material to a just determination of the issues in

10 dispute, and for such purpose may issue subpoenas. If any

11 person refuses to obey a subpoena, or refuses to be sworn or to

12 testify, or if any witness, party or attorney is guilty of any

13 contempt while in attendance at any hearing, the arbitration

14 panel may, or the attorney general if requested shall, invoke

15 the aid of any circuit court within the jurisdiction in which

16 the hearing is being held, which court shall issue an

17 appropriate order. Any failure to obey the order may be

18 punished by the court as contempt.

19 (f) At any time before the rendering of an award, the

20 chairman of the arbitration panel, if he is of the opinion that

21 it would be useful or beneficial to do so, may remand the

22 dispute to the parties for further collective bargaining for a

23 period not to exceed 2 weeks. If the dispute is remanded for

24 further collective bargaining the time provisions of this Act

25 shall be extended for a time period equal to that of the

26 remand. The chairman of the panel of arbitration shall notify

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1 the Board of the remand.

2 (g) At or before the conclusion of the hearing held

3 pursuant to subsection (d), the arbitration panel shall

4 identify the economic issues in dispute, and direct each of

5 the parties to submit, within such time limit as the panel

6 shall prescribe, to the arbitration panel and to each other

7 its last offer of settlement on each economic issue. The

8 determination of the arbitration panel as to the issues in

9 dispute and as to which of these issues are economic shall be

10 conclusive. The arbitration panel, within 30 days after the

11 conclusion of the hearing, or such further additional periods

12 to which the parties may agree, shall make written findings of

13 fact and promulgate a written opinion and shall mail or

14 otherwise deliver a true copy thereof to the parties and their

15 representatives and to the Board. As to each economic issue,

16 the arbitration panel shall adopt the last offer of settlement

17 which, in the opinion of the arbitration panel, more nearly

18 complies with the applicable factors prescribed in subsection

19 (h). The findings, opinions and order as to all other issues

20 shall be based upon the applicable factors prescribed in

21 subsection (h).

22 (h) Where there is no agreement between the parties, or

23 where there is an agreement but the parties have begun

24 negotiations or discussions looking to a new agreement or

25 amendment of the existing agreement, and wage rates or other

26 conditions of employment under the proposed new or amended

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1 agreement are in dispute, the arbitration panel shall base its

2 findings, opinions and order upon the following factors, as

3 applicable:

4 (1) The lawful authority of the employer.

5 (2) Stipulations of the parties.

6 (3) The interests and welfare of the public and the

7 financial ability of the unit of government to meet those

8 costs.

9 (4) Comparison of the wages, hours and conditions of

10 employment of the employees involved in the arbitration

11 proceeding with the wages, hours and conditions of

12 employment of other employees performing similar services

13 and with other employees generally:

14 (A) In public employment in comparable

15 communities.

16 (B) In private employment in comparable

17 communities.

18 (5) The average consumer prices for goods and

19 services, commonly known as the cost of living.

20 (6) The overall compensation presently received by the

21 employees, including direct wage compensation, vacations,

22 holidays and other excused time, insurance and pensions,

23 medical and hospitalization benefits, the continuity and

24 stability of employment and all other benefits received.

25 (7) Changes in any of the foregoing circumstances

26 during the pendency of the arbitration proceedings.

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1 (8) Such other factors, not confined to the foregoing,

2 which are normally or traditionally taken into

3 consideration in the determination of wages, hours and

4 conditions of employment through voluntary collective

5 bargaining, mediation, fact-finding, arbitration or

6 otherwise between the parties, in the public service or in

7 private employment.

8 (i) In the case of peace officers, the arbitration

9 decision shall be limited to wages, hours, and conditions of

10 employment (which may include residency requirements in

11 municipalities with a population under 1,000,000, but those

12 residency requirements shall not allow residency outside of

13 Illinois) and shall not include the following: i) residency

14 requirements in municipalities with a population of at least

15 1,000,000; ii) the type of equipment, other than uniforms,

16 issued or used; iii) manning; iv) the total number of

17 employees employed by the department; v) mutual aid and

18 assistance agreements to other units of government; and vi)

19 the criterion pursuant to which force, including deadly force,

20 can be used; provided, nothing herein shall preclude an

21 arbitration decision regarding equipment or manning levels if

22 such decision is based on a finding that the equipment or

23 manning considerations in a specific work assignment involve a

24 serious risk to the safety of a peace officer beyond that which

25 is inherent in the normal performance of police duties.

26 Limitation of the terms of the arbitration decision pursuant

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1 to this subsection shall not be construed to limit the factors

2 upon which the decision may be based, as set forth in

3 subsection (h).

4 In the case of fire fighter, and fire department or fire

5 district paramedic matters, the arbitration decision shall be

6 limited to wages, hours, and conditions of employment

7 (including manning and also including residency requirements

8 in municipalities with a population under 1,000,000, but those

9 residency requirements shall not allow residency outside of

10 Illinois) and shall not include the following matters: i)

11 residency requirements in municipalities with a population of

12 at least 1,000,000; ii) the type of equipment (other than

13 uniforms and fire fighter turnout gear) issued or used; iii)

14 the total number of employees employed by the department; iv)

15 mutual aid and assistance agreements to other units of

16 government; and v) the criterion pursuant to which force,

17 including deadly force, can be used; provided, however,

18 nothing herein shall preclude an arbitration decision

19 regarding equipment levels if such decision is based on a

20 finding that the equipment considerations in a specific work

21 assignment involve a serious risk to the safety of a fire

22 fighter beyond that which is inherent in the normal

23 performance of fire fighter duties. Limitation of the terms of

24 the arbitration decision pursuant to this subsection shall not

25 be construed to limit the facts upon which the decision may be

26 based, as set forth in subsection (h).

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1 The changes to this subsection (i) made by Public Act

2 90-385 (relating to residency requirements) do not apply to

3 persons who are employed by a combined department that

4 performs both police and firefighting services; these persons

5 shall be governed by the provisions of this subsection (i)

6 relating to peace officers, as they existed before the

7 amendment by Public Act 90-385.

8 To preserve historical bargaining rights, this subsection

9 shall not apply to any provision of a fire fighter collective

10 bargaining agreement in effect and applicable on the effective

11 date of this Act; provided, however, nothing herein shall

12 preclude arbitration with respect to any such provision.

13 (j) Arbitration procedures shall be deemed to be initiated

14 by the filing of a letter requesting mediation as required

15 under subsection (a) of this Section. The commencement of a

16 new municipal fiscal year after the initiation of arbitration

17 procedures under this Act, but before the arbitration

18 decision, or its enforcement, shall not be deemed to render a

19 dispute moot, or to otherwise impair the jurisdiction or

20 authority of the arbitration panel or its decision. Increases

21 in rates of compensation awarded by the arbitration panel may

22 be effective only at the start of the fiscal year next

23 commencing after the date of the arbitration award. If a new

24 fiscal year has commenced either since the initiation of

25 arbitration procedures under this Act or since any mutually

26 agreed extension of the statutorily required period of

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1 mediation under this Act by the parties to the labor dispute

2 causing a delay in the initiation of arbitration, the

3 foregoing limitations shall be inapplicable, and such awarded

4 increases may be retroactive to the commencement of the fiscal

5 year, any other statute or charter provisions to the contrary,

6 notwithstanding. At any time the parties, by stipulation, may

7 amend or modify an award of arbitration.

8 (k) Orders of the arbitration panel shall be reviewable,

9 upon appropriate petition by either the public employer or the

10 exclusive bargaining representative, by the circuit court for

11 the county in which the dispute arose or in which a majority of

12 the affected employees reside, but only for reasons that the

13 arbitration panel was without or exceeded its statutory

14 authority; the order is arbitrary, or capricious; or the order

15 was procured by fraud, collusion or other similar and unlawful

16 means. Such petitions for review must be filed with the

17 appropriate circuit court within 90 days following the

18 issuance of the arbitration order. The pendency of such

19 proceeding for review shall not automatically stay the order

20 of the arbitration panel. The party against whom the final

21 decision of any such court shall be adverse, if such court

22 finds such appeal or petition to be frivolous, shall pay

23 reasonable attorneys' fees and costs to the successful party

24 as determined by said court in its discretion. If said court's

25 decision affirms the award of money, such award, if

26 retroactive, shall bear interest at the rate of 12 percent per

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1 annum from the effective retroactive date.

2 (l) During the pendency of proceedings before the

3 arbitration panel, existing wages, hours, and other conditions

4 of employment shall not be changed by action of either party

5 without the consent of the other but a party may so consent

6 without prejudice to his rights or position under this Act.

7 The proceedings are deemed to be pending before the

8 arbitration panel upon the initiation of arbitration

9 procedures under this Act.

10 (m) Security officers of public employers, and Peace

11 Officers, Fire Fighters and fire department and fire

12 protection district paramedics, covered by this Section may

13 not withhold services, nor may public employers lock out or

14 prevent such employees from performing services at any time.

15 (n) All of the terms decided upon by the arbitration panel

16 shall be included in an agreement to be submitted to the public

17 employer's governing body for ratification and adoption by

18 law, ordinance or the equivalent appropriate means.

19 The governing body shall review each term decided by the

20 arbitration panel. If the governing body fails to reject one

21 or more terms of the arbitration panel's decision by a 3/5 vote

22 of those duly elected and qualified members of the governing

23 body, within 20 days of issuance, or in the case of

24 firefighters employed by a state university, at the next

25 regularly scheduled meeting of the governing body after

26 issuance, such term or terms shall become a part of the

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1 collective bargaining agreement of the parties. If the

2 governing body affirmatively rejects one or more terms of the

3 arbitration panel's decision, it must provide reasons for such

4 rejection with respect to each term so rejected, within 20

5 days of such rejection and the parties shall return to the

6 arbitration panel for further proceedings and issuance of a

7 supplemental decision with respect to the rejected terms. Any

8 supplemental decision by an arbitration panel or other

9 decision maker agreed to by the parties shall be submitted to

10 the governing body for ratification and adoption in accordance

11 with the procedures and voting requirements set forth in this

12 Section. The voting requirements of this subsection shall

13 apply to all disputes submitted to arbitration pursuant to

14 this Section notwithstanding any contrary voting requirements

15 contained in any existing collective bargaining agreement

16 between the parties.

17 (o) If the governing body of the employer votes to reject

18 the panel's decision, the parties shall return to the panel

19 within 30 days from the issuance of the reasons for rejection

20 for further proceedings and issuance of a supplemental

21 decision. All reasonable costs of such supplemental proceeding

22 including the exclusive representative's reasonable attorney's

23 fees, as established by the Board, shall be paid by the

24 employer.

25 (p) Notwithstanding the provisions of this Section the

26 employer and exclusive representative may agree to submit

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1 unresolved disputes concerning wages, hours, terms and

2 conditions of employment to an alternative form of impasse

3 resolution.

4 (Source: P.A. 98-535, eff. 1-1-14; 98-1151, eff. 1-7-15.)

5 (Text of Section after amendment by P.A. 101-652)

6 Sec. 14. Security employee, peace officer and fire fighter

7 disputes.

8 (a) In the case of collective bargaining agreements

9 involving units of security employees of a public employer,

10 Peace Officer Units, or units of fire fighters or paramedics,

11 and in the case of disputes under Section 18, unless the

12 parties mutually agree to some other time limit, mediation

13 shall commence 30 days prior to the expiration date of such

14 agreement or at such later time as the mediation services

15 chosen under subsection (b) of Section 12 can be provided to

16 the parties. In the case of negotiations for an initial

17 collective bargaining agreement, mediation shall commence upon

18 15 days notice from either party or at such later time as the

19 mediation services chosen pursuant to subsection (b) of

20 Section 12 can be provided to the parties. In mediation under

21 this Section, if either party requests the use of mediation

22 services from the Federal Mediation and Conciliation Service,

23 the other party shall either join in such request or bear the

24 additional cost of mediation services from another source. The

25 mediator shall have a duty to keep the Board informed on the

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1 progress of the mediation. If any dispute has not been

2 resolved within 15 days after the first meeting of the parties

3 and the mediator, or within such other time limit as may be

4 mutually agreed upon by the parties, either the exclusive

5 representative or employer may request of the other, in

6 writing, arbitration, and shall submit a copy of the request

7 to the Board.

8 (b) Within 10 days after such a request for arbitration

9 has been made, the employer shall choose a delegate and the

10 employees' exclusive representative shall choose a delegate to

11 a panel of arbitration as provided in this Section. The

12 employer and employees shall forthwith advise the other and

13 the Board of their selections.

14 (c) Within 7 days after the request of either party, the

15 parties shall request a panel of impartial arbitrators from

16 which they shall select the neutral chairman according to the

17 procedures provided in this Section. If the parties have

18 agreed to a contract that contains a grievance resolution

19 procedure as provided in Section 8, the chairman shall be

20 selected using their agreed contract procedure unless they

21 mutually agree to another procedure. If the parties fail to

22 notify the Board of their selection of neutral chairman within

23 7 days after receipt of the list of impartial arbitrators, the

24 Board shall appoint, at random, a neutral chairman from the

25 list. In the absence of an agreed contract procedure for

26 selecting an impartial arbitrator, either party may request a

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1 panel from the Board. Within 7 days of the request of either

2 party, the Board shall select from the Public Employees Labor

3 Mediation Roster 7 persons who are on the labor arbitration

4 panels of either the American Arbitration Association or the

5 Federal Mediation and Conciliation Service, or who are members

6 of the National Academy of Arbitrators, as nominees for

7 impartial arbitrator of the arbitration panel. The parties may

8 select an individual on the list provided by the Board or any

9 other individual mutually agreed upon by the parties. Within 7

10 days following the receipt of the list, the parties shall

11 notify the Board of the person they have selected. Unless the

12 parties agree on an alternate selection procedure, they shall

13 alternatively strike one name from the list provided by the

14 Board until only one name remains. A coin toss shall determine

15 which party shall strike the first name. If the parties fail to

16 notify the Board in a timely manner of their selection for

17 neutral chairman, the Board shall appoint a neutral chairman

18 from the Illinois Public Employees Mediation/Arbitration

19 Roster.

20 (d) The chairman shall call a hearing to begin within 15

21 days and give reasonable notice of the time and place of the

22 hearing. The hearing shall be held at the offices of the Board

23 or at such other location as the Board deems appropriate. The

24 chairman shall preside over the hearing and shall take

25 testimony. Any oral or documentary evidence and other data

26 deemed relevant by the arbitration panel may be received in

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1 evidence. The proceedings shall be informal. Technical rules

2 of evidence shall not apply and the competency of the evidence

3 shall not thereby be deemed impaired. A verbatim record of the

4 proceedings shall be made and the arbitrator shall arrange for

5 the necessary recording service. Transcripts may be ordered at

6 the expense of the party ordering them, but the transcripts

7 shall not be necessary for a decision by the arbitration

8 panel. The expense of the proceedings, including a fee for the

9 chairman, shall be borne equally by each of the parties to the

10 dispute. The delegates, if public officers or employees, shall

11 continue on the payroll of the public employer without loss of

12 pay. The hearing conducted by the arbitration panel may be

13 adjourned from time to time, but unless otherwise agreed by

14 the parties, shall be concluded within 30 days of the time of

15 its commencement. Majority actions and rulings shall

16 constitute the actions and rulings of the arbitration panel.

17 Arbitration proceedings under this Section shall not be

18 interrupted or terminated by reason of any unfair labor

19 practice charge filed by either party at any time.

20 (e) The arbitration panel may administer oaths, require

21 the attendance of witnesses, and the production of such books,

22 papers, contracts, agreements and documents as may be deemed

23 by it material to a just determination of the issues in

24 dispute, and for such purpose may issue subpoenas. If any

25 person refuses to obey a subpoena, or refuses to be sworn or to

26 testify, or if any witness, party or attorney is guilty of any

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1 contempt while in attendance at any hearing, the arbitration

2 panel may, or the attorney general if requested shall, invoke

3 the aid of any circuit court within the jurisdiction in which

4 the hearing is being held, which court shall issue an

5 appropriate order. Any failure to obey the order may be

6 punished by the court as contempt.

7 (f) At any time before the rendering of an award, the

8 chairman of the arbitration panel, if he is of the opinion that

9 it would be useful or beneficial to do so, may remand the

10 dispute to the parties for further collective bargaining for a

11 period not to exceed 2 weeks. If the dispute is remanded for

12 further collective bargaining the time provisions of this Act

13 shall be extended for a time period equal to that of the

14 remand. The chairman of the panel of arbitration shall notify

15 the Board of the remand.

16 (g) At or before the conclusion of the hearing held

17 pursuant to subsection (d), the arbitration panel shall

18 identify the economic issues in dispute, and direct each of

19 the parties to submit, within such time limit as the panel

20 shall prescribe, to the arbitration panel and to each other

21 its last offer of settlement on each economic issue. The

22 determination of the arbitration panel as to the issues in

23 dispute and as to which of these issues are economic shall be

24 conclusive. The arbitration panel, within 30 days after the

25 conclusion of the hearing, or such further additional periods

26 to which the parties may agree, shall make written findings of

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1 fact and promulgate a written opinion and shall mail or

2 otherwise deliver a true copy thereof to the parties and their

3 representatives and to the Board. As to each economic issue,

4 the arbitration panel shall adopt the last offer of settlement

5 which, in the opinion of the arbitration panel, more nearly

6 complies with the applicable factors prescribed in subsection

7 (h). The findings, opinions and order as to all other issues

8 shall be based upon the applicable factors prescribed in

9 subsection (h).

10 (h) Where there is no agreement between the parties, or

11 where there is an agreement but the parties have begun

12 negotiations or discussions looking to a new agreement or

13 amendment of the existing agreement, and wage rates or other

14 conditions of employment under the proposed new or amended

15 agreement are in dispute, the arbitration panel shall base its

16 findings, opinions and order upon the following factors, as

17 applicable:

18 (1) The lawful authority of the employer.

19 (2) Stipulations of the parties.

20 (3) The interests and welfare of the public and the

21 financial ability of the unit of government to meet those

22 costs.

23 (4) Comparison of the wages, hours and conditions of

24 employment of the employees involved in the arbitration

25 proceeding with the wages, hours and conditions of

26 employment of other employees performing similar services

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1 and with other employees generally:

2 (A) In public employment in comparable

3 communities.

4 (B) In private employment in comparable

5 communities.

6 (5) The average consumer prices for goods and

7 services, commonly known as the cost of living.

8 (6) The overall compensation presently received by the

9 employees, including direct wage compensation, vacations,

10 holidays and other excused time, insurance and pensions,

11 medical and hospitalization benefits, the continuity and

12 stability of employment and all other benefits received.

13 (7) Changes in any of the foregoing circumstances

14 during the pendency of the arbitration proceedings.

15 (8) Such other factors, not confined to the foregoing,

16 which are normally or traditionally taken into

17 consideration in the determination of wages, hours and

18 conditions of employment through voluntary collective

19 bargaining, mediation, fact-finding, arbitration or

20 otherwise between the parties, in the public service or in

21 private employment.

22 (i) In the case of peace officers, the arbitration

23 decision shall be limited to wages, hours, and conditions of

24 employment (which may include residency requirements in

25 municipalities with a population under 100,000, but those

26 residency requirements shall not allow residency outside of

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1 Illinois) and shall not include the following: i) residency

2 requirements in municipalities with a population of at least

3 100,000; ii) the type of equipment, other than uniforms,

4 issued or used; iii) manning; iv) the total number of

5 employees employed by the department; v) mutual aid and

6 assistance agreements to other units of government; and vi)

7 the criterion pursuant to which force, including deadly force,

8 can be used; provided, nothing herein shall preclude an

9 arbitration decision regarding equipment or manning levels if

10 such decision is based on a finding that the equipment or

11 manning considerations in a specific work assignment involve a

12 serious risk to the safety of a peace officer beyond that which

13 is inherent in the normal performance of police duties.

14 Limitation of the terms of the arbitration decision pursuant

15 to this subsection shall not be construed to limit the factors

16 upon which the decision may be based, as set forth in

17 subsection (h).

18 In the case of fire fighter, and fire department or fire

19 district paramedic matters, the arbitration decision shall be

20 limited to wages, hours, and conditions of employment

21 (including manning and also including residency requirements

22 in municipalities with a population under 1,000,000, but those

23 residency requirements shall not allow residency outside of

24 Illinois) and shall not include the following matters: i)

25 residency requirements in municipalities with a population of

26 at least 1,000,000; ii) the type of equipment (other than

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1 uniforms and fire fighter turnout gear) issued or used; iii)

2 the total number of employees employed by the department; iv)

3 mutual aid and assistance agreements to other units of

4 government; and v) the criterion pursuant to which force,

5 including deadly force, can be used; provided, however,

6 nothing herein shall preclude an arbitration decision

7 regarding equipment levels if such decision is based on a

8 finding that the equipment considerations in a specific work

9 assignment involve a serious risk to the safety of a fire

10 fighter beyond that which is inherent in the normal

11 performance of fire fighter duties. Limitation of the terms of

12 the arbitration decision pursuant to this subsection shall not

13 be construed to limit the facts upon which the decision may be

14 based, as set forth in subsection (h).

15 The changes to this subsection (i) made by Public Act

16 90-385 (relating to residency requirements) do not apply to

17 persons who are employed by a combined department that

18 performs both police and firefighting services; these persons

19 shall be governed by the provisions of this subsection (i)

20 relating to peace officers, as they existed before the

21 amendment by Public Act 90-385.

22 To preserve historical bargaining rights, this subsection

23 shall not apply to any provision of a fire fighter collective

24 bargaining agreement in effect and applicable on the effective

25 date of this Act; provided, however, nothing herein shall

26 preclude arbitration with respect to any such provision.

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1 (j) Arbitration procedures shall be deemed to be initiated

2 by the filing of a letter requesting mediation as required

3 under subsection (a) of this Section. The commencement of a

4 new municipal fiscal year after the initiation of arbitration

5 procedures under this Act, but before the arbitration

6 decision, or its enforcement, shall not be deemed to render a

7 dispute moot, or to otherwise impair the jurisdiction or

8 authority of the arbitration panel or its decision. Increases

9 in rates of compensation awarded by the arbitration panel may

10 be effective only at the start of the fiscal year next

11 commencing after the date of the arbitration award. If a new

12 fiscal year has commenced either since the initiation of

13 arbitration procedures under this Act or since any mutually

14 agreed extension of the statutorily required period of

15 mediation under this Act by the parties to the labor dispute

16 causing a delay in the initiation of arbitration, the

17 foregoing limitations shall be inapplicable, and such awarded

18 increases may be retroactive to the commencement of the fiscal

19 year, any other statute or charter provisions to the contrary,

20 notwithstanding. At any time the parties, by stipulation, may

21 amend or modify an award of arbitration.

22 (k) Orders of the arbitration panel shall be reviewable,

23 upon appropriate petition by either the public employer or the

24 exclusive bargaining representative, by the circuit court for

25 the county in which the dispute arose or in which a majority of

26 the affected employees reside, but only for reasons that the

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1 arbitration panel was without or exceeded its statutory

2 authority; the order is arbitrary, or capricious; or the order

3 was procured by fraud, collusion or other similar and unlawful

4 means. Such petitions for review must be filed with the

5 appropriate circuit court within 90 days following the

6 issuance of the arbitration order. The pendency of such

7 proceeding for review shall not automatically stay the order

8 of the arbitration panel. The party against whom the final

9 decision of any such court shall be adverse, if such court

10 finds such appeal or petition to be frivolous, shall pay

11 reasonable attorneys' fees and costs to the successful party

12 as determined by said court in its discretion. If said court's

13 decision affirms the award of money, such award, if

14 retroactive, shall bear interest at the rate of 12 percent per

15 annum from the effective retroactive date.

16 (l) During the pendency of proceedings before the

17 arbitration panel, existing wages, hours, and other conditions

18 of employment shall not be changed by action of either party

19 without the consent of the other but a party may so consent

20 without prejudice to his rights or position under this Act.

21 The proceedings are deemed to be pending before the

22 arbitration panel upon the initiation of arbitration

23 procedures under this Act.

24 (m) Security officers of public employers, and Peace

25 Officers, Fire Fighters and fire department and fire

26 protection district paramedics, covered by this Section may

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1 not withhold services, nor may public employers lock out or

2 prevent such employees from performing services at any time.

3 (n) All of the terms decided upon by the arbitration panel

4 shall be included in an agreement to be submitted to the public

5 employer's governing body for ratification and adoption by

6 law, ordinance or the equivalent appropriate means.

7 The governing body shall review each term decided by the

8 arbitration panel. If the governing body fails to reject one

9 or more terms of the arbitration panel's decision by a 3/5 vote

10 of those duly elected and qualified members of the governing

11 body, within 20 days of issuance, or in the case of

12 firefighters employed by a state university, at the next

13 regularly scheduled meeting of the governing body after

14 issuance, such term or terms shall become a part of the

15 collective bargaining agreement of the parties. If the

16 governing body affirmatively rejects one or more terms of the

17 arbitration panel's decision, it must provide reasons for such

18 rejection with respect to each term so rejected, within 20

19 days of such rejection and the parties shall return to the

20 arbitration panel for further proceedings and issuance of a

21 supplemental decision with respect to the rejected terms. Any

22 supplemental decision by an arbitration panel or other

23 decision maker agreed to by the parties shall be submitted to

24 the governing body for ratification and adoption in accordance

25 with the procedures and voting requirements set forth in this

26 Section. The voting requirements of this subsection shall

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1 apply to all disputes submitted to arbitration pursuant to

2 this Section notwithstanding any contrary voting requirements

3 contained in any existing collective bargaining agreement

4 between the parties.

5 (o) If the governing body of the employer votes to reject

6 the panel's decision, the parties shall return to the panel

7 within 30 days from the issuance of the reasons for rejection

8 for further proceedings and issuance of a supplemental

9 decision. All reasonable costs of such supplemental proceeding

10 including the exclusive representative's reasonable attorney's

11 fees, as established by the Board, shall be paid by the

12 employer.

13 (p) Notwithstanding the provisions of this Section the

14 employer and exclusive representative may agree to submit

15 unresolved disputes concerning wages, hours, terms and

16 conditions of employment to an alternative form of impasse

17 resolution.

18 The amendatory changes to this Section made by Public Act

19 101-652 take effect July 1, 2022.

20 (Source: P.A. 101-652, eff. 7-1-21.)

21 Section 5. The State Police Act is amended by changing

22 Section 17c as follows:

23 (20 ILCS 2610/17c)

24 Sec. 17c. Military equipment surplus program.

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1 (a) For purposes of this Section:

2 "Bayonet" means a large knife designed to be attached to

3 the muzzle of a rifle, shotgun, or long gun for the purpose of

4 hand-to-hand combat.

5 "Grenade launcher" means a firearm or firearm accessory

6 used ~~designed~~ to launch fragmentary ~~small~~ explosive rounds

7 designed to inflict death or cause great bodily harm

8 ~~projectiles~~.

9 "Military equipment surplus program" means any federal or

10 State program allowing a law enforcement agency to obtain

11 surplus military equipment including, but not limit to, any

12 program organized under Section 1122 of the National Defense

13 Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or

14 Section 1033 of the National Defense Authorization Act for

15 Fiscal Year 1997 (Pub. L. 104-201), or any program established

16 under 10 U.S.C. 2576a.

17 "Tracked armored vehicle" means a vehicle that provides

18 ballistic protection to its occupants and utilizes a tracked

19 system instead ~~installed~~ of wheels for forward motion, not

20 including vehicles listed in the Authorized Equipment List as

21 published by the Federal Emergency Management Agency.

22 "Weaponized aircraft, vessel, or vehicle" means any

23 aircraft, vessel, or vehicle with weapons installed.

24 (b) The Illinois State Police shall not request or receive

25 from any military equipment surplus program nor purchase or

26 otherwise utilize the following equipment:

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1 (1) tracked armored vehicles;

2 (2) weaponized aircraft, vessels, or vehicles;

3 (3) firearms of .50-caliber or higher;

4 (4) ammunition of .50-caliber or higher;

5 (5) grenade launchers; or

6 (6) bayonets.

7 (c) If the Illinois State Police request other property

8 not prohibited by this Section from a military equipment

9 surplus program, the Illinois State Police shall publish

10 notice of the request on a publicly accessible website

11 maintained by the Illinois State Police within 14 days after

12 the request.

13 (Source: P.A. 101-652, eff. 7-1-21.)

14 Section 10. The Task Force on Constitutional Rights and

15 Remedies Act is amended by changing Sections 4-10 and 4-15 as

16 follows:

17 (20 ILCS 5165/4-10)

18 (This Section may contain text from a Public Act with a

19 delayed effective date)

20 (Section scheduled to be repealed on January 1, 2022)

21 Sec. 4-10. Task Force Members.

22 (a) The Task Force on Constitutional Rights and Remedies

23 shall be comprised of the following members:

24 (1) The president of statewide association

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1 representing trial lawyers or his or her designee, the

2 executive director of a statewide association advocating

3 for the advancement of civil liberties or his or her

4 designee, a representative representing statewide labor,

5 all appointed by the Governor.

6 (2) Four members of the public appointed, one

7 appointed by each the Speaker of the House of

8 Representatives, Minority Leader of the House of

9 Representatives, Minority Leader of the House of

10 Representatives, President of the Senate, Minority Leader

11 of the Senate.

12 (3) The president of a statewide bar association or

13 his or her designee, the executive director of a statewide

14 association representing county sheriffs or his or her

15 designee, the executive director of a statewide

16 association representing chiefs of police or his or her

17 designee, a representative of the Chicago Police

18 Department, all appointed by the Governor.

19 (4) The Director of the Illinois State Police or his

20 or her designee.

21 (5) The Attorney General, or his or her designee.

22 (6) A retired judge appointed by the Governor.

23 (7) one State Representative, appointed by the Speaker

24 of the House of Representatives; one State Representative,

25 appointed by the Minority Leader of the House of

26 Representatives; one State Senator, appointed by the

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1 President of the Senate; one State Senator, appointed by

2 the Minority Leader of the Senate.

3 (b) The members of the Task Force shall serve without

4 compensation.

5 (c) The Illinois Criminal Justice Information Authority

6 shall provide administrative and technical support to the Task

7 Force and be responsible for administering its operations,

8 ~~appointing a chairperson,~~ and ensuring that the requirements

9 of the Task Force are met. The President of the Senate and the

10 Speaker of the House of Representatives shall appoint

11 co-chairpersons for the Task Force. The Task Force shall have

12 all appointments made within 30 days of the effective date of

13 this amendatory Act of the 101st General Assembly.

14 (Source: P.A. 101-652, eff. 7-1-21.)

15 (20 ILCS 5165/4-15)

16 (This Section may contain text from a Public Act with a

17 delayed effective date)

18 (Section scheduled to be repealed on January 1, 2022)

19 Sec. 4-15. Meetings; report.

20 (a) The Task Force shall meet at least 3 times with the

21 first meeting occurring within 60 days after the effective

22 date of this amendatory Act of the 101st General Assembly.

23 (b) The Task Force shall review available research, best

24 practices, and effective interventions to formulate

25 recommendations.

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1 (c) The Task Force shall produce a report detailing the

2 Task Force's findings and recommendations and needed

3 resources. The Task Force shall submit a report of its

4 findings and recommendations to the General Assembly and the

5 Governor by October 31 ~~May 1~~, 2021.

6 (Source: P.A. 101-652, eff. 7-1-21.)

7 Section 15. The Illinois Police Training Act is amended by

8 changing Sections 7, 8.1, 10.6, and 10.17 as follows:

9 (50 ILCS 705/7) (from Ch. 85, par. 507)

10 (Text of Section before amendment by P.A. 101-652)

11 Sec. 7. Rules and standards for schools. The Board shall

12 adopt rules and minimum standards for such schools which shall

13 include, but not be limited to, the following:

14 a. The curriculum for probationary police officers

15 which shall be offered by all certified schools shall

16 include, but not be limited to, courses of procedural

17 justice, arrest and use and control tactics, search and

18 seizure, including temporary questioning, civil rights,

19 human rights, human relations, cultural competency,

20 including implicit bias and racial and ethnic sensitivity,

21 criminal law, law of criminal procedure, constitutional

22 and proper use of law enforcement authority, vehicle and

23 traffic law including uniform and non-discriminatory

24 enforcement of the Illinois Vehicle Code, traffic control

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1 and accident investigation, techniques of obtaining

2 physical evidence, court testimonies, statements, reports,

3 firearms training, training in the use of electronic

4 control devices, including the psychological and

5 physiological effects of the use of those devices on

6 humans, first-aid (including cardiopulmonary

7 resuscitation), training in the administration of opioid

8 antagonists as defined in paragraph (1) of subsection (e)

9 of Section 5-23 of the Substance Use Disorder Act,

10 handling of juvenile offenders, recognition of mental

11 conditions and crises, including, but not limited to, the

12 disease of addiction, which require immediate assistance

13 and response and methods to safeguard and provide

14 assistance to a person in need of mental treatment,

15 recognition of abuse, neglect, financial exploitation, and

16 self-neglect of adults with disabilities and older adults,

17 as defined in Section 2 of the Adult Protective Services

18 Act, crimes against the elderly, law of evidence, the

19 hazards of high-speed police vehicle chases with an

20 emphasis on alternatives to the high-speed chase, and

21 physical training. The curriculum shall include specific

22 training in techniques for immediate response to and

23 investigation of cases of domestic violence and of sexual

24 assault of adults and children, including cultural

25 perceptions and common myths of sexual assault and sexual

26 abuse as well as interview techniques that are age

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LRB102 12812 RLC 27417 a

1 sensitive and are trauma informed, victim centered, and

2 victim sensitive. The curriculum shall include training in

3 techniques designed to promote effective communication at

4 the initial contact with crime victims and ways to

5 comprehensively explain to victims and witnesses their

6 rights under the Rights of Crime Victims and Witnesses Act

7 and the Crime Victims Compensation Act. The curriculum

8 shall also include training in effective recognition of

9 and responses to stress, trauma, and post-traumatic stress

10 experienced by police officers that is consistent with

11 Section 25 of the Illinois Mental Health First Aid

12 Training Act in a peer setting, including recognizing

13 signs and symptoms of work-related cumulative stress,

14 issues that may lead to suicide, and solutions for

15 intervention with peer support resources. The curriculum

16 shall include a block of instruction addressing the

17 mandatory reporting requirements under the Abused and

18 Neglected Child Reporting Act. The curriculum shall also

19 include a block of instruction aimed at identifying and

20 interacting with persons with autism and other

21 developmental or physical disabilities, reducing barriers

22 to reporting crimes against persons with autism, and

23 addressing the unique challenges presented by cases

24 involving victims or witnesses with autism and other

25 developmental disabilities. The curriculum shall include

26 training in the detection and investigation of all forms

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LRB102 12812 RLC 27417 a

1 of human trafficking. The curriculum shall also include

2 instruction in trauma-informed responses designed to

3 ensure the physical safety and well-being of a child of an

4 arrested parent or immediate family member; this

5 instruction must include, but is not limited to: (1)

6 understanding the trauma experienced by the child while

7 maintaining the integrity of the arrest and safety of

8 officers, suspects, and other involved individuals; (2)

9 de-escalation tactics that would include the use of force

10 when reasonably necessary; and (3) inquiring whether a

11 child will require supervision and care. The curriculum

12 for permanent police officers shall include, but not be

13 limited to: (1) refresher and in-service training in any

14 of the courses listed above in this subparagraph, (2)

15 advanced courses in any of the subjects listed above in

16 this subparagraph, (3) training for supervisory personnel,

17 and (4) specialized training in subjects and fields to be

18 selected by the board. The training in the use of

19 electronic control devices shall be conducted for

20 probationary police officers, including University police

21 officers.

22 b. Minimum courses of study, attendance requirements

23 and equipment requirements.

24 c. Minimum requirements for instructors.

25 d. Minimum basic training requirements, which a

26 probationary police officer must satisfactorily complete

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1 before being eligible for permanent employment as a local

2 law enforcement officer for a participating local

3 governmental agency. Those requirements shall include

4 training in first aid (including cardiopulmonary

5 resuscitation).

6 e. Minimum basic training requirements, which a

7 probationary county corrections officer must

8 satisfactorily complete before being eligible for

9 permanent employment as a county corrections officer for a

10 participating local governmental agency.

11 f. Minimum basic training requirements which a

12 probationary court security officer must satisfactorily

13 complete before being eligible for permanent employment as

14 a court security officer for a participating local

15 governmental agency. The Board shall establish those

16 training requirements which it considers appropriate for

17 court security officers and shall certify schools to

18 conduct that training.

19 A person hired to serve as a court security officer

20 must obtain from the Board a certificate (i) attesting to

21 his or her successful completion of the training course;

22 (ii) attesting to his or her satisfactory completion of a

23 training program of similar content and number of hours

24 that has been found acceptable by the Board under the

25 provisions of this Act; or (iii) attesting to the Board's

26 determination that the training course is unnecessary

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1 because of the person's extensive prior law enforcement

2 experience.

3 Individuals who currently serve as court security

4 officers shall be deemed qualified to continue to serve in

5 that capacity so long as they are certified as provided by

6 this Act within 24 months of June 1, 1997 (the effective

7 date of Public Act 89-685). Failure to be so certified,

8 absent a waiver from the Board, shall cause the officer to

9 forfeit his or her position.

10 All individuals hired as court security officers on or

11 after June 1, 1997 (the effective date of Public Act

12 89-685) shall be certified within 12 months of the date of

13 their hire, unless a waiver has been obtained by the

14 Board, or they shall forfeit their positions.

15 The Sheriff's Merit Commission, if one exists, or the

16 Sheriff's Office if there is no Sheriff's Merit

17 Commission, shall maintain a list of all individuals who

18 have filed applications to become court security officers

19 and who meet the eligibility requirements established

20 under this Act. Either the Sheriff's Merit Commission, or

21 the Sheriff's Office if no Sheriff's Merit Commission

22 exists, shall establish a schedule of reasonable intervals

23 for verification of the applicants' qualifications under

24 this Act and as established by the Board.

25 g. Minimum in-service training requirements, which a

26 police officer must satisfactorily complete every 3 years.

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LRB102 12812 RLC 27417 a

1 Those requirements shall include constitutional and proper

2 use of law enforcement authority, procedural justice,

3 civil rights, human rights, mental health awareness and

4 response, officer wellness, reporting child abuse and

5 neglect, and cultural competency.

6 h. Minimum in-service training requirements, which a

7 police officer must satisfactorily complete at least

8 annually. Those requirements shall include law updates and

9 use of force training which shall include scenario based

10 training, or similar training approved by the Board.

11 (Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18;

12 100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff.

13 1-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215,

14 eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19;

15 101-564, eff. 1-1-20; revised 9-10-19.)

16 (Text of Section after amendment by P.A. 101-652, Article

17 10, Section 10-143 but before amendment by P.A. 101-652,

18 Article 25, Section 25-40)

19 Sec. 7. Rules and standards for schools. The Board shall

20 adopt rules and minimum standards for such schools which shall

21 include, but not be limited to, the following:

22 a. The curriculum for probationary police officers

23 which shall be offered by all certified schools shall

24 include, but not be limited to, courses of procedural

25 justice, arrest and use and control tactics, search and

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LRB102 12812 RLC 27417 a

1 seizure, including temporary questioning, civil rights,

2 human rights, human relations, cultural competency,

3 including implicit bias and racial and ethnic sensitivity,

4 criminal law, law of criminal procedure, constitutional

5 and proper use of law enforcement authority, crisis

6 intervention training, vehicle and traffic law including

7 uniform and non-discriminatory enforcement of the Illinois

8 Vehicle Code, traffic control and accident investigation,

9 techniques of obtaining physical evidence, court

10 testimonies, statements, reports, firearms training,

11 training in the use of electronic control devices,

12 including the psychological and physiological effects of

13 the use of those devices on humans, first-aid (including

14 cardiopulmonary resuscitation), training in the

15 administration of opioid antagonists as defined in

16 paragraph (1) of subsection (e) of Section 5-23 of the

17 Substance Use Disorder Act, handling of juvenile

18 offenders, recognition of mental conditions and crises,

19 including, but not limited to, the disease of addiction,

20 which require immediate assistance and response and

21 methods to safeguard and provide assistance to a person in

22 need of mental treatment, recognition of abuse, neglect,

23 financial exploitation, and self-neglect of adults with

24 disabilities and older adults, as defined in Section 2 of

25 the Adult Protective Services Act, crimes against the

26 elderly, law of evidence, the hazards of high-speed police

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LRB102 12812 RLC 27417 a

1 vehicle chases with an emphasis on alternatives to the

2 high-speed chase, and physical training. The curriculum

3 shall include specific training in techniques for

4 immediate response to and investigation of cases of

5 domestic violence and of sexual assault of adults and

6 children, including cultural perceptions and common myths

7 of sexual assault and sexual abuse as well as interview

8 techniques that are age sensitive and are trauma informed,

9 victim centered, and victim sensitive. The curriculum

10 shall include training in techniques designed to promote

11 effective communication at the initial contact with crime

12 victims and ways to comprehensively explain to victims and

13 witnesses their rights under the Rights of Crime Victims

14 and Witnesses Act and the Crime Victims Compensation Act.

15 The curriculum shall also include training in effective

16 recognition of and responses to stress, trauma, and

17 post-traumatic stress experienced by police officers that

18 is consistent with Section 25 of the Illinois Mental

19 Health First Aid Training Act in a peer setting, including

20 recognizing signs and symptoms of work-related cumulative

21 stress, issues that may lead to suicide, and solutions for

22 intervention with peer support resources. The curriculum

23 shall include a block of instruction addressing the

24 mandatory reporting requirements under the Abused and

25 Neglected Child Reporting Act. The curriculum shall also

26 include a block of instruction aimed at identifying and

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LRB102 12812 RLC 27417 a

1 interacting with persons with autism and other

2 developmental or physical disabilities, reducing barriers

3 to reporting crimes against persons with autism, and

4 addressing the unique challenges presented by cases

5 involving victims or witnesses with autism and other

6 developmental disabilities. The curriculum shall include

7 training in the detection and investigation of all forms

8 of human trafficking. The curriculum shall also include

9 instruction in trauma-informed responses designed to

10 ensure the physical safety and well-being of a child of an

11 arrested parent or immediate family member; this

12 instruction must include, but is not limited to: (1)

13 understanding the trauma experienced by the child while

14 maintaining the integrity of the arrest and safety of

15 officers, suspects, and other involved individuals; (2)

16 de-escalation tactics that would include the use of force

17 when reasonably necessary; and (3) inquiring whether a

18 child will require supervision and care. The curriculum

19 for probationary police officers shall include: (1) at

20 least 12 hours of hands-on, scenario-based role-playing;

21 (2) at least 6 hours of instruction on use of force

22 techniques, including the use of de-escalation techniques

23 to prevent or reduce the need for force whenever safe and

24 feasible; (3) specific training on officer safety

25 techniques, including cover, concealment, and time; and

26 (4) at least 6 hours of training focused on high-risk

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LRB102 12812 RLC 27417 a

1 traffic stops. The curriculum for permanent police

2 officers shall include, but not be limited to: (1)

3 refresher and in-service training in any of the courses

4 listed above in this subparagraph, (2) advanced courses in

5 any of the subjects listed above in this subparagraph, (3)

6 training for supervisory personnel, and (4) specialized

7 training in subjects and fields to be selected by the

8 board. The training in the use of electronic control

9 devices shall be conducted for probationary police

10 officers, including University police officers.

11 b. Minimum courses of study, attendance requirements

12 and equipment requirements.

13 c. Minimum requirements for instructors.

14 d. Minimum basic training requirements, which a

15 probationary police officer must satisfactorily complete

16 before being eligible for permanent employment as a local

17 law enforcement officer for a participating local

18 governmental agency. Those requirements shall include

19 training in first aid (including cardiopulmonary

20 resuscitation).

21 e. Minimum basic training requirements, which a

22 probationary county corrections officer must

23 satisfactorily complete before being eligible for

24 permanent employment as a county corrections officer for a

25 participating local governmental agency.

26 f. Minimum basic training requirements which a

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LRB102 12812 RLC 27417 a

1 probationary court security officer must satisfactorily

2 complete before being eligible for permanent employment as

3 a court security officer for a participating local

4 governmental agency. The Board shall establish those

5 training requirements which it considers appropriate for

6 court security officers and shall certify schools to

7 conduct that training.

8 A person hired to serve as a court security officer

9 must obtain from the Board a certificate (i) attesting to

10 his or her successful completion of the training course;

11 (ii) attesting to his or her satisfactory completion of a

12 training program of similar content and number of hours

13 that has been found acceptable by the Board under the

14 provisions of this Act; or (iii) attesting to the Board's

15 determination that the training course is unnecessary

16 because of the person's extensive prior law enforcement

17 experience.

18 Individuals who currently serve as court security

19 officers shall be deemed qualified to continue to serve in

20 that capacity so long as they are certified as provided by

21 this Act within 24 months of June 1, 1997 (the effective

22 date of Public Act 89-685). Failure to be so certified,

23 absent a waiver from the Board, shall cause the officer to

24 forfeit his or her position.

25 All individuals hired as court security officers on or

26 after June 1, 1997 (the effective date of Public Act

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LRB102 12812 RLC 27417 a

1 89-685) shall be certified within 12 months of the date of

2 their hire, unless a waiver has been obtained by the

3 Board, or they shall forfeit their positions.

4 The Sheriff's Merit Commission, if one exists, or the

5 Sheriff's Office if there is no Sheriff's Merit

6 Commission, shall maintain a list of all individuals who

7 have filed applications to become court security officers

8 and who meet the eligibility requirements established

9 under this Act. Either the Sheriff's Merit Commission, or

10 the Sheriff's Office if no Sheriff's Merit Commission

11 exists, shall establish a schedule of reasonable intervals

12 for verification of the applicants' qualifications under

13 this Act and as established by the Board.

14 g. Minimum in-service training requirements, which a

15 police officer must satisfactorily complete every 3 years.

16 Those requirements shall include constitutional and proper

17 use of law enforcement authority, procedural justice,

18 civil rights, human rights, reporting child abuse and

19 neglect, and cultural competency, including implicit bias

20 and racial and ethnic sensitivity. These trainings shall

21 consist of at least 30 hours of training every 3 years.

22 h. Minimum in-service training requirements, which a

23 police officer must satisfactorily complete at least

24 annually. Those requirements shall include law updates,

25 emergency medical response training and certification,

26 crisis intervention training, and officer wellness and

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LRB102 12812 RLC 27417 a

1 mental health.

2 i. Minimum in-service training requirements as set

3 forth in Section 10.6.

4 The amendatory changes to this Section made by Public Act

5 101-652 shall take effect January 1, 2022.

6 (Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18;

7 100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff.

8 1-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215,

9 eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19;

10 101-564, eff. 1-1-20; P.A. 101-652, Article 10, Section

11 10-143, eff. 7-1-21.)

12 (Text of Section after amendment by P.A. 101-652, Article

13 25, Section 25-40)

14 Sec. 7. Rules and standards for schools. The Board shall

15 adopt rules and minimum standards for such schools which shall

16 include, but not be limited to, the following:

17 a. The curriculum for probationary law enforcement

18 officers which shall be offered by all certified schools

19 shall include, but not be limited to, courses of

20 procedural justice, arrest and use and control tactics,

21 search and seizure, including temporary questioning, civil

22 rights, human rights, human relations, cultural

23 competency, including implicit bias and racial and ethnic

24 sensitivity, criminal law, law of criminal procedure,

25 constitutional and proper use of law enforcement

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LRB102 12812 RLC 27417 a

1 authority, crisis intervention training, vehicle and

2 traffic law including uniform and non-discriminatory

3 enforcement of the Illinois Vehicle Code, traffic control

4 and accident investigation, techniques of obtaining

5 physical evidence, court testimonies, statements, reports,

6 firearms training, training in the use of electronic

7 control devices, including the psychological and

8 physiological effects of the use of those devices on

9 humans, first-aid (including cardiopulmonary

10 resuscitation), training in the administration of opioid

11 antagonists as defined in paragraph (1) of subsection (e)

12 of Section 5-23 of the Substance Use Disorder Act,

13 handling of juvenile offenders, recognition of mental

14 conditions and crises, including, but not limited to, the

15 disease of addiction, which require immediate assistance

16 and response and methods to safeguard and provide

17 assistance to a person in need of mental treatment,

18 recognition of abuse, neglect, financial exploitation, and

19 self-neglect of adults with disabilities and older adults,

20 as defined in Section 2 of the Adult Protective Services

21 Act, crimes against the elderly, law of evidence, the

22 hazards of high-speed police vehicle chases with an

23 emphasis on alternatives to the high-speed chase, and

24 physical training. The curriculum shall include specific

25 training in techniques for immediate response to and

26 investigation of cases of domestic violence and of sexual

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1 assault of adults and children, including cultural

2 perceptions and common myths of sexual assault and sexual

3 abuse as well as interview techniques that are age

4 sensitive and are trauma informed, victim centered, and

5 victim sensitive. The curriculum shall include training in

6 techniques designed to promote effective communication at

7 the initial contact with crime victims and ways to

8 comprehensively explain to victims and witnesses their

9 rights under the Rights of Crime Victims and Witnesses Act

10 and the Crime Victims Compensation Act. The curriculum

11 shall also include training in effective recognition of

12 and responses to stress, trauma, and post-traumatic stress

13 experienced by law enforcement officers that is consistent

14 with Section 25 of the Illinois Mental Health First Aid

15 Training Act in a peer setting, including recognizing

16 signs and symptoms of work-related cumulative stress,

17 issues that may lead to suicide, and solutions for

18 intervention with peer support resources. The curriculum

19 shall include a block of instruction addressing the

20 mandatory reporting requirements under the Abused and

21 Neglected Child Reporting Act. The curriculum shall also

22 include a block of instruction aimed at identifying and

23 interacting with persons with autism and other

24 developmental or physical disabilities, reducing barriers

25 to reporting crimes against persons with autism, and

26 addressing the unique challenges presented by cases

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1 involving victims or witnesses with autism and other

2 developmental disabilities. The curriculum shall include

3 training in the detection and investigation of all forms

4 of human trafficking. The curriculum shall also include

5 instruction in trauma-informed responses designed to

6 ensure the physical safety and well-being of a child of an

7 arrested parent or immediate family member; this

8 instruction must include, but is not limited to: (1)

9 understanding the trauma experienced by the child while

10 maintaining the integrity of the arrest and safety of

11 officers, suspects, and other involved individuals; (2)

12 de-escalation tactics that would include the use of force

13 when reasonably necessary; and (3) inquiring whether a

14 child will require supervision and care. The curriculum

15 for probationary law enforcement ~~police~~ officers shall

16 include: (1) at least 12 hours of hands-on, scenario-based

17 role-playing; (2) at least 6 hours of instruction on use

18 of force techniques, including the use of de-escalation

19 techniques to prevent or reduce the need for force

20 whenever safe and feasible; (3) specific training on

21 officer safety techniques, including cover, concealment,

22 and time; and (4) at least 6 hours of training focused on

23 high-risk traffic stops. The curriculum for permanent law

24 enforcement officers shall include, but not be limited to:

25 (1) refresher and in-service training in any of the

26 courses listed above in this subparagraph, (2) advanced

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1 courses in any of the subjects listed above in this

2 subparagraph, (3) training for supervisory personnel, and

3 (4) specialized training in subjects and fields to be

4 selected by the board. The training in the use of

5 electronic control devices shall be conducted for

6 probationary law enforcement officers, including

7 University police officers.

8 b. Minimum courses of study, attendance requirements

9 and equipment requirements.

10 c. Minimum requirements for instructors.

11 d. Minimum basic training requirements, which a

12 probationary law enforcement officer must satisfactorily

13 complete before being eligible for permanent employment as

14 a local law enforcement officer for a participating local

15 governmental or State ~~state~~ governmental agency. Those

16 requirements shall include training in first aid

17 (including cardiopulmonary resuscitation).

18 e. Minimum basic training requirements, which a

19 probationary county corrections officer must

20 satisfactorily complete before being eligible for

21 permanent employment as a county corrections officer for a

22 participating local governmental agency.

23 f. Minimum basic training requirements which a

24 probationary court security officer must satisfactorily

25 complete before being eligible for permanent employment as

26 a court security officer for a participating local

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1 governmental agency. The Board shall establish those

2 training requirements which it considers appropriate for

3 court security officers and shall certify schools to

4 conduct that training.

5 A person hired to serve as a court security officer

6 must obtain from the Board a certificate (i) attesting to

7 the officer's successful completion of the training

8 course; (ii) attesting to the officer's satisfactory

9 completion of a training program of similar content and

10 number of hours that has been found acceptable by the

11 Board under the provisions of this Act; or (iii) attesting

12 to the Board's determination that the training course is

13 unnecessary because of the person's extensive prior law

14 enforcement experience.

15 Individuals who currently serve as court security

16 officers shall be deemed qualified to continue to serve in

17 that capacity so long as they are certified as provided by

18 this Act within 24 months of June 1, 1997 (the effective

19 date of Public Act 89-685). Failure to be so certified,

20 absent a waiver from the Board, shall cause the officer to

21 forfeit his or her position.

22 All individuals hired as court security officers on or

23 after June 1, 1997 (the effective date of Public Act

24 89-685) shall be certified within 12 months of the date of

25 their hire, unless a waiver has been obtained by the

26 Board, or they shall forfeit their positions.

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1 The Sheriff's Merit Commission, if one exists, or the

2 Sheriff's Office if there is no Sheriff's Merit

3 Commission, shall maintain a list of all individuals who

4 have filed applications to become court security officers

5 and who meet the eligibility requirements established

6 under this Act. Either the Sheriff's Merit Commission, or

7 the Sheriff's Office if no Sheriff's Merit Commission

8 exists, shall establish a schedule of reasonable intervals

9 for verification of the applicants' qualifications under

10 this Act and as established by the Board.

11 g. Minimum in-service training requirements, which a

12 law enforcement officer must satisfactorily complete every

13 3 years. Those requirements shall include constitutional

14 and proper use of law enforcement authority, procedural

15 justice, civil rights, human rights, reporting child abuse

16 and neglect, and cultural competency, including implicit

17 bias and racial and ethnic sensitivity. These trainings

18 shall consist of at least 30 hours of training every 3

19 years.

20 h. Minimum in-service training requirements, which a

21 law enforcement officer must satisfactorily complete at

22 least annually. Those requirements shall include law

23 updates, emergency medical response training and

24 certification, crisis intervention training, and officer

25 wellness and mental health.

26 i. Minimum in-service training requirements as set

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1 forth in Section 10.6.

2 The amendatory changes to this Section made by Public Act

3 101-652 shall take effect January 1, 2022.

4 (Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18;

5 100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff.

6 1-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215,

7 eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19;

8 101-564, eff. 1-1-20; P.A. 101-652, Article 10, Section

9 10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff.

10 1-1-22; revised 4-26-21.)

11 (50 ILCS 705/8.1) (from Ch. 85, par. 508.1)

12 (Text of Section before amendment by P.A. 101-652)

13 Sec. 8.1. Full-time police and county corrections

14 officers.

15 (a) After January 1, 1976, no person shall receive a

16 permanent appointment as a law enforcement officer as defined

17 in this Act nor shall any person receive, after the effective

18 date of this amendatory Act of 1984, a permanent appointment

19 as a county corrections officer unless that person has been

20 awarded, within 6 months of his or her initial full-time

21 employment, a certificate attesting to his or her successful

22 completion of the Minimum Standards Basic Law Enforcement and

23 County Correctional Training Course as prescribed by the

24 Board; or has been awarded a certificate attesting to his or

25 her satisfactory completion of a training program of similar

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1 content and number of hours and which course has been found

2 acceptable by the Board under the provisions of this Act; or by

3 reason of extensive prior law enforcement or county

4 corrections experience the basic training requirement is

5 determined by the Board to be illogical and unreasonable.

6 If such training is required and not completed within the

7 applicable 6 months, then the officer must forfeit his or her

8 position, or the employing agency must obtain a waiver from

9 the Board extending the period for compliance. Such waiver

10 shall be issued only for good and justifiable reasons, and in

11 no case shall extend more than 90 days beyond the initial 6

12 months. Any hiring agency that fails to train a law

13 enforcement officer within this period shall be prohibited

14 from employing this individual in a law enforcement capacity

15 for one year from the date training was to be completed. If an

16 agency again fails to train the individual a second time, the

17 agency shall be permanently barred from employing this

18 individual in a law enforcement capacity.

19 (b) No provision of this Section shall be construed to

20 mean that a law enforcement officer employed by a local

21 governmental agency at the time of the effective date of this

22 amendatory Act, either as a probationary police officer or as

23 a permanent police officer, shall require certification under

24 the provisions of this Section. No provision of this Section

25 shall be construed to mean that a county corrections officer

26 employed by a local governmental agency at the time of the

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1 effective date of this amendatory Act of 1984, either as a

2 probationary county corrections or as a permanent county

3 corrections officer, shall require certification under the

4 provisions of this Section. No provision of this Section shall

5 be construed to apply to certification of elected county

6 sheriffs.

7 (c) This Section does not apply to part-time police

8 officers or probationary part-time police officers.

9 (Source: P.A. 101-187, eff. 1-1-20.)

10 (Text of Section after amendment by P.A. 101-652)

11 Sec. 8.1. Full-time law enforcement and county corrections

12 officers.

13 (a) No person shall receive a permanent appointment as a

14 law enforcement officer or a permanent appointment as a county

15 corrections officer unless that person has been awarded,

16 within 6 months of the officer's initial full-time employment,

17 a certificate attesting to the officer's successful completion

18 of the Minimum Standards Basic Law Enforcement or County

19 Correctional Training Course as prescribed by the Board; or

20 has been awarded a certificate attesting to the officer's

21 satisfactory completion of a training program of similar

22 content and number of hours and which course has been found

23 acceptable by the Board under the provisions of this Act; or a

24 training waiver by reason of extensive prior law enforcement

25 or county corrections experience the basic training

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1 requirement is determined by the Board to be illogical and

2 unreasonable.

3 If such training is required and not completed within the

4 applicable 6 months, then the officer must forfeit the

5 officer's position, or the employing agency must obtain a

6 waiver from the Board extending the period for compliance.

7 Such waiver shall be issued only for good and justifiable

8 reasons, and in no case shall extend more than 90 days beyond

9 the initial 6 months. Any hiring agency that fails to train a

10 law enforcement officer within this period shall be prohibited

11 from employing this individual in a law enforcement capacity

12 for one year from the date training was to be completed. If an

13 agency again fails to train the individual a second time, the

14 agency shall be permanently barred from employing this

15 individual in a law enforcement capacity.

16 An individual who is not certified by the Board or whose

17 certified status is inactive shall not function as a law

18 enforcement officer, be assigned the duties of a law

19 enforcement officer by an employing agency, or be authorized

20 to carry firearms under the authority of the employer, except

21 as otherwise authorized to carry a firearm under State or

22 federal law. Sheriffs who are elected as of the effective date

23 of this Amendatory Act of the 101st General Assembly, are

24 exempt from the requirement of certified status. Failure to be

25 certified in accordance with this Act shall cause the officer

26 to forfeit the officer's position.

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1 An employing agency may not grant a person status as a law

2 enforcement officer unless the person has been granted an

3 active law enforcement officer certification by the Board.

4 (b) Inactive status. A person who has an inactive law

5 enforcement officer certification has no law enforcement

6 authority.

7 (1) A law enforcement officer's certification becomes

8 inactive upon termination, resignation, retirement, or

9 separation from the officer's employing governmental

10 agency for any reason. The Board shall re-activate a

11 certification upon written application from the law

12 enforcement officer's governmental agency that shows the

13 law enforcement officer: (i) has accepted a full-time law

14 enforcement position with that governmental agency, (ii)

15 is not the subject of a decertification proceeding, and

16 (iii) meets all other criteria for re-activation required

17 by the Board. The Board may also establish special

18 training requirements to be completed as a condition for

19 re-activation.

20 A law enforcement officer who is refused reactivation

21 under this Section may request a hearing in accordance

22 with the hearing procedures as outlined in subsection (h)

23 of Section 6.3 of this Act.

24 The Board may refuse to re-activate the certification

25 of a law enforcement officer who was involuntarily

26 terminated for good cause by his or her governmental

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1 agency for conduct subject to decertification under this

2 Act or resigned or retired after receiving notice of a

3 governmental agency's investigation.

4 (2) A law enforcement officer who is currently

5 certified can place his or her certificate on inactive

6 status by sending a written request to the Board. A law

7 enforcement officer whose certificate has been placed on

8 inactive status shall not function as a law enforcement

9 officer until the officer has completed any requirements

10 for reactivating the certificate as required by the Board.

11 A request for inactive status in this subsection shall be

12 in writing, accompanied by verifying documentation, and

13 shall be submitted to the Board with a copy to the chief

14 administrator of the law enforcement officer's

15 governmental agency.

16 (3) Certification that has become inactive under

17 paragraph (2) of this subsection (b), shall be reactivated

18 by written notice from the law enforcement officer's

19 agency upon a showing that the law enforcement officer is:

20 (i) employed in a full-time law enforcement position with

21 the same governmental agency (ii) not the subject of a

22 decertification proceeding, and (iii) meets all other

23 criteria for re-activation required by the Board.

24 (4) Notwithstanding paragraph (3) of this subsection

25 (b), a law enforcement officer whose certification has

26 become inactive under paragraph (2) may have the officer's

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1 governmental agency submit a request for a waiver of

2 training requirements to the Board. A grant of a waiver is

3 within the discretion of the Board. Within 7 days of

4 receiving a request for a waiver under this section, the

5 Board shall notify the law enforcement officer and the

6 chief administrator of the law enforcement officer's

7 governmental agency, whether the request has been granted,

8 denied, or if the Board will take additional time for

9 information. A law enforcement officer whose request for a

10 waiver under this subsection is denied is entitled to

11 appeal the denial to the Board within 20 days of the waiver

12 being denied.

13 (c) No provision of this Section shall be construed to

14 mean that a county corrections officer employed by a

15 governmental agency at the time of the effective date of this

16 amendatory Act, either as a probationary county corrections or

17 as a permanent county corrections officer, shall require

18 certification under the provisions of this Section. No

19 provision of this Section shall be construed to apply to

20 certification of elected county sheriffs.

21 (d) Within 14 days, a law enforcement officer shall report

22 to the Board: (1) any name change; (2) any change in

23 employment; or (3) the filing of any criminal indictment or

24 charges against the officer alleging that the officer

25 committed any offense as enumerated in Section 6.1 of this

26 Act.

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1 (e) All law enforcement officers must report the

2 completion of the training requirements required in this Act

3 in compliance with Section 8.4 of this Act.

4 (e-1) Each employing governmental agency shall allow and

5 provide an opportunity for a law enforcement officer to

6 complete the mandated requirements in this Act. All mandated

7 training will be provided for at no cost to the employees.

8 Employees shall be paid for all time spent attending mandated

9 training.

10 (f) This Section does not apply to part-time law

11 enforcement officers or probationary part-time law enforcement

12 officers.

13 (Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22.)

14 (50 ILCS 705/10.6)

15 (This Section may contain text from a Public Act with a

16 delayed effective date)

17 Sec. 10.6. Mandatory training to be completed every 3

18 years. The Board shall adopt rules and minimum standards for

19 in-service training requirements as set forth in this Section.

20 The training shall provide officers with knowledge of policies

21 and laws regulating the use of force; equip officers with

22 tactics and skills, including de-escalation techniques, to

23 prevent or reduce the need to use force or, when force must be

24 used, to use force that is objectively reasonable, necessary,

25 and proportional under the totality of the circumstances; and

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1 ensure appropriate supervision and accountability. The

2 training ~~shall consist of at least 30 hours of training every 3~~

3 ~~years and~~ shall include:

4 (1) At least 12 hours of hands-on, scenario-based

5 role-playing.

6 (2) At least 6 hours of instruction on use of force

7 techniques, including the use of de-escalation techniques

8 to prevent or reduce the need for force whenever safe and

9 feasible.

10 (3) Specific training on the law concerning stops,

11 searches, and the use of force under the Fourth Amendment

12 to the United States Constitution.

13 (4) Specific training on officer safety techniques,

14 including cover, concealment, and time.

15 (5) At least 6 hours of training focused on high-risk

16 traffic stops.

17 This Section takes effect January 1, 2022.

18 (Source: P.A. 101-652, eff. 7-1-21.)

19 (50 ILCS 705/10.17)

20 (Text of Section before amendment by P.A. 101-652)

21 Sec. 10.17. Crisis intervention team training; mental

22 health awareness training.

23 (a) The Illinois Law Enforcement Training Standards Board

24 shall develop and approve a standard curriculum for certified

25 training programs in crisis intervention addressing

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1 specialized policing responses to people with mental

2 illnesses. The Board shall conduct Crisis Intervention Team

3 (CIT) training programs that train officers to identify signs

4 and symptoms of mental illness, to de-escalate situations

5 involving individuals who appear to have a mental illness, and

6 connect that person in crisis to treatment. Officers who have

7 successfully completed this program shall be issued a

8 certificate attesting to their attendance of a Crisis

9 Intervention Team (CIT) training program.

10 (b) The Board shall create an introductory course

11 incorporating adult learning models that provides law

12 enforcement officers with an awareness of mental health issues

13 including a history of the mental health system, types of

14 mental health illness including signs and symptoms of mental

15 illness and common treatments and medications, and the

16 potential interactions law enforcement officers may have on a

17 regular basis with these individuals, their families, and

18 service providers including de-escalating a potential crisis

19 situation. This course, in addition to other traditional

20 learning settings, may be made available in an electronic

21 format.

22 (Source: P.A. 99-261, eff. 1-1-16; 99-642, eff. 7-28-16;

23 100-247, eff. 1-1-18.)

24 (Text of Section after amendment by P.A. 101-652)

25 Sec. 10.17. Crisis intervention team training; mental

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1 health awareness training.

2 (a) The Illinois Law Enforcement Training Standards Board

3 shall develop and approve a standard curriculum for certified

4 training programs in crisis intervention, including a

5 specialty certification course of at least 40 hours,

6 addressing specialized policing responses to people with

7 mental illnesses. The Board shall conduct Crisis Intervention

8 Team (CIT) training programs that train officers to identify

9 signs and symptoms of mental illness, to de-escalate

10 situations involving individuals who appear to have a mental

11 illness, and connect that person in crisis to treatment.

12 Crisis Intervention Team (CIT) training programs shall be a

13 collaboration between law enforcement professionals, mental

14 health providers, families, and consumer advocates and must

15 minimally include the following components: (1) basic

16 information about mental illnesses and how to recognize them;

17 (2) information about mental health laws and resources; (3)

18 learning from family members of individuals with mental

19 illness and their experiences; and (4) verbal de-escalation

20 training and role-plays. Officers who have successfully

21 completed this program shall be issued a certificate attesting

22 to their attendance of a Crisis Intervention Team (CIT)

23 training program.

24 (b) The Board shall create an introductory course

25 incorporating adult learning models that provides law

26 enforcement officers with an awareness of mental health issues

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1 including a history of the mental health system, types of

2 mental health illness including signs and symptoms of mental

3 illness and common treatments and medications, and the

4 potential interactions law enforcement officers may have on a

5 regular basis with these individuals, their families, and

6 service providers including de-escalating a potential crisis

7 situation. This course, in addition to other traditional

8 learning settings, may be made available in an electronic

9 format.

10 The amendatory changes to this Section made by Public Act

11 101-652 shall take effect January 1, 2022.

12 (Source: P.A. 100-247, eff. 1-1-18; 101-652, eff. 7-1-21.)

13 Section 25. The Law Enforcement Officer-Worn Body Camera

14 Act is amended by changing Sections 10-15 and 10-20 as

15 follows:

16 (50 ILCS 706/10-15)

17 (Text of Section before amendment by P.A. 101-652)

18 Sec. 10-15. Applicability. Any law enforcement agency

19 which employs the use of officer-worn body cameras is subject

20 to the provisions of this Act, whether or not the agency

21 receives or has received monies from the Law Enforcement

22 Camera Grant Fund.

23 (Source: P.A. 99-352, eff. 1-1-16.)

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1 (Text of Section after amendment by P.A. 101-652)

2 Sec. 10-15. Applicability.

3 (a) All law enforcement agencies must employ the use of

4 officer-worn body cameras in accordance with the provisions of

5 this Act, whether or not the agency receives or has received

6 monies from the Law Enforcement Camera Grant Fund.

7 (b) All law enforcement agencies must implement the use of

8 body cameras for all law enforcement officers, according to

9 the following schedule:

10 (1) for municipalities and counties with populations

11 of 500,000 or more, body cameras shall be implemented by

12 January 1, 2022;

13 (2) for municipalities and counties with populations

14 of 100,000 or more but under 500,000, body cameras shall

15 be implemented by January 1, 2023;

16 (3) for municipalities and counties with populations

17 of 50,000 or more but under 100,000, body cameras shall be

18 implemented by January 1, 2024;

19 (4) for municipalities and counties under 50,000, body

20 cameras shall be implemented by January 1, 2025; and

21 (5) for all State agencies with law enforcement

22 officers and other remaining law enforcement agencies ~~the~~

23 ~~Department of State Police~~, body cameras shall be

24 implemented by January 1, 2025.

25 (c) A law enforcement agency's compliance with the

26 requirements under this Section shall receive preference by

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1 the Illinois Law Enforcement Training Standards Board in

2 awarding grant funding under the Law Enforcement Camera Grant

3 Act.

4 (d) This Section does not apply to court security

5 officers, State's Attorney investigators, and Attorney General

6 investigators.

7 (Source: P.A. 101-652, eff. 7-1-21.)

8 (50 ILCS 706/10-20)

9 (Text of Section before amendment by P.A. 101-652)

10 Sec. 10-20. Requirements.

11 (a) The Board shall develop basic guidelines for the use

12 of officer-worn body cameras by law enforcement agencies. The

13 guidelines developed by the Board shall be the basis for the

14 written policy which must be adopted by each law enforcement

15 agency which employs the use of officer-worn body cameras. The

16 written policy adopted by the law enforcement agency must

17 include, at a minimum, all of the following:

18 (1) Cameras must be equipped with pre-event recording,

19 capable of recording at least the 30 seconds prior to

20 camera activation, unless the officer-worn body camera was

21 purchased and acquired by the law enforcement agency prior

22 to July 1, 2015.

23 (2) Cameras must be capable of recording for a period

24 of 10 hours or more, unless the officer-worn body camera

25 was purchased and acquired by the law enforcement agency

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1 prior to July 1, 2015.

2 (3) Cameras must be turned on at all times when the

3 officer is in uniform and is responding to calls for

4 service or engaged in any law enforcement-related

5 encounter or activity, that occurs while the officer is on

6 duty.

7 (A) If exigent circumstances exist which prevent

8 the camera from being turned on, the camera must be

9 turned on as soon as practicable.

10 (B) Officer-worn body cameras may be turned off

11 when the officer is inside of a patrol car which is

12 equipped with a functioning in-car camera; however,

13 the officer must turn on the camera upon exiting the

14 patrol vehicle for law enforcement-related encounters.

15 (4) Cameras must be turned off when:

16 (A) the victim of a crime requests that the camera

17 be turned off, and unless impractical or impossible,

18 that request is made on the recording;

19 (B) a witness of a crime or a community member who

20 wishes to report a crime requests that the camera be

21 turned off, and unless impractical or impossible that

22 request is made on the recording; or

23 (C) the officer is interacting with a confidential

24 informant used by the law enforcement agency.

25 However, an officer may continue to record or resume

26 recording a victim or a witness, if exigent circumstances

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1 exist, or if the officer has reasonable articulable

2 suspicion that a victim or witness, or confidential

3 informant has committed or is in the process of committing

4 a crime. Under these circumstances, and unless impractical

5 or impossible, the officer must indicate on the recording

6 the reason for continuing to record despite the request of

7 the victim or witness.

8 (4.5) Cameras may be turned off when the officer is

9 engaged in community caretaking functions. However, the

10 camera must be turned on when the officer has reason to

11 believe that the person on whose behalf the officer is

12 performing a community caretaking function has committed

13 or is in the process of committing a crime. If exigent

14 circumstances exist which prevent the camera from being

15 turned on, the camera must be turned on as soon as

16 practicable.

17 (5) The officer must provide notice of recording to

18 any person if the person has a reasonable expectation of

19 privacy and proof of notice must be evident in the

20 recording. If exigent circumstances exist which prevent

21 the officer from providing notice, notice must be provided

22 as soon as practicable.

23 (6) For the purposes of redaction, labeling, or

24 duplicating recordings, access to camera recordings shall

25 be restricted to only those personnel responsible for

26 those purposes. The recording officer and his or her

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1 supervisor may access and review recordings prior to

2 completing incident reports or other documentation,

3 provided that the officer or his or her supervisor

4 discloses that fact in the report or documentation.

5 (7) Recordings made on officer-worn cameras must be

6 retained by the law enforcement agency or by the camera

7 vendor used by the agency, on a recording medium for a

8 period of 90 days.

9 (A) Under no circumstances shall any recording

10 made with an officer-worn body camera be altered,

11 erased, or destroyed prior to the expiration of the

12 90-day storage period.

13 (B) Following the 90-day storage period, any and

14 all recordings made with an officer-worn body camera

15 must be destroyed, unless any encounter captured on

16 the recording has been flagged. An encounter is deemed

17 to be flagged when:

18 (i) a formal or informal complaint has been

19 filed;

20 (ii) the officer discharged his or her firearm

21 or used force during the encounter;

22 (iii) death or great bodily harm occurred to

23 any person in the recording;

24 (iv) the encounter resulted in a detention or

25 an arrest, excluding traffic stops which resulted

26 in only a minor traffic offense or business

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1 offense;

2 (v) the officer is the subject of an internal

3 investigation or otherwise being investigated for

4 possible misconduct;

5 (vi) the supervisor of the officer,

6 prosecutor, defendant, or court determines that

7 the encounter has evidentiary value in a criminal

8 prosecution; or

9 (vii) the recording officer requests that the

10 video be flagged for official purposes related to

11 his or her official duties.

12 (C) Under no circumstances shall any recording

13 made with an officer-worn body camera relating to a

14 flagged encounter be altered or destroyed prior to 2

15 years after the recording was flagged. If the flagged

16 recording was used in a criminal, civil, or

17 administrative proceeding, the recording shall not be

18 destroyed except upon a final disposition and order

19 from the court.

20 (8) Following the 90-day storage period, recordings

21 may be retained if a supervisor at the law enforcement

22 agency designates the recording for training purposes. If

23 the recording is designated for training purposes, the

24 recordings may be viewed by officers, in the presence of a

25 supervisor or training instructor, for the purposes of

26 instruction, training, or ensuring compliance with agency

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1 policies.

2 (9) Recordings shall not be used to discipline law

3 enforcement officers unless:

4 (A) a formal or informal complaint of misconduct

5 has been made;

6 (B) a use of force incident has occurred;

7 (C) the encounter on the recording could result in

8 a formal investigation under the Uniform Peace

9 Officers' Disciplinary Act; or

10 (D) as corroboration of other evidence of

11 misconduct.

12 Nothing in this paragraph (9) shall be construed to

13 limit or prohibit a law enforcement officer from being

14 subject to an action that does not amount to discipline.

15 (10) The law enforcement agency shall ensure proper

16 care and maintenance of officer-worn body cameras. Upon

17 becoming aware, officers must as soon as practical

18 document and notify the appropriate supervisor of any

19 technical difficulties, failures, or problems with the

20 officer-worn body camera or associated equipment. Upon

21 receiving notice, the appropriate supervisor shall make

22 every reasonable effort to correct and repair any of the

23 officer-worn body camera equipment.

24 (11) No officer may hinder or prohibit any person, not

25 a law enforcement officer, from recording a law

26 enforcement officer in the performance of his or her

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1 duties in a public place or when the officer has no

2 reasonable expectation of privacy. The law enforcement

3 agency's written policy shall indicate the potential

4 criminal penalties, as well as any departmental

5 discipline, which may result from unlawful confiscation or

6 destruction of the recording medium of a person who is not

7 a law enforcement officer. However, an officer may take

8 reasonable action to maintain safety and control, secure

9 crime scenes and accident sites, protect the integrity and

10 confidentiality of investigations, and protect the public

11 safety and order.

12 (b) Recordings made with the use of an officer-worn body

13 camera are not subject to disclosure under the Freedom of

14 Information Act, except that:

15 (1) if the subject of the encounter has a reasonable

16 expectation of privacy, at the time of the recording, any

17 recording which is flagged, due to the filing of a

18 complaint, discharge of a firearm, use of force, arrest or

19 detention, or resulting death or bodily harm, shall be

20 disclosed in accordance with the Freedom of Information

21 Act if:

22 (A) the subject of the encounter captured on the

23 recording is a victim or witness; and

24 (B) the law enforcement agency obtains written

25 permission of the subject or the subject's legal

26 representative;

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1 (2) except as provided in paragraph (1) of this

2 subsection (b), any recording which is flagged due to the

3 filing of a complaint, discharge of a firearm, use of

4 force, arrest or detention, or resulting death or bodily

5 harm shall be disclosed in accordance with the Freedom of

6 Information Act; and

7 (3) upon request, the law enforcement agency shall

8 disclose, in accordance with the Freedom of Information

9 Act, the recording to the subject of the encounter

10 captured on the recording or to the subject's attorney, or

11 the officer or his or her legal representative.

12 For the purposes of paragraph (1) of this subsection (b),

13 the subject of the encounter does not have a reasonable

14 expectation of privacy if the subject was arrested as a result

15 of the encounter. For purposes of subparagraph (A) of

16 paragraph (1) of this subsection (b), "witness" does not

17 include a person who is a victim or who was arrested as a

18 result of the encounter.

19 Only recordings or portions of recordings responsive to

20 the request shall be available for inspection or reproduction.

21 Any recording disclosed under the Freedom of Information Act

22 shall be redacted to remove identification of any person that

23 appears on the recording and is not the officer, a subject of

24 the encounter, or directly involved in the encounter. Nothing

25 in this subsection (b) shall require the disclosure of any

26 recording or portion of any recording which would be exempt

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1 from disclosure under the Freedom of Information Act.

2 (c) Nothing in this Section shall limit access to a camera

3 recording for the purposes of complying with Supreme Court

4 rules or the rules of evidence.

5 (Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.)

6 (Text of Section after amendment by P.A. 101-652)

7 Sec. 10-20. Requirements.

8 (a) The Board shall develop basic guidelines for the use

9 of officer-worn body cameras by law enforcement agencies. The

10 guidelines developed by the Board shall be the basis for the

11 written policy which must be adopted by each law enforcement

12 agency which employs the use of officer-worn body cameras. The

13 written policy adopted by the law enforcement agency must

14 include, at a minimum, all of the following:

15 (1) Cameras must be equipped with pre-event recording,

16 capable of recording at least the 30 seconds prior to

17 camera activation, unless the officer-worn body camera was

18 purchased and acquired by the law enforcement agency prior

19 to July 1, 2015.

20 (2) Cameras must be capable of recording for a period

21 of 10 hours or more, unless the officer-worn body camera

22 was purchased and acquired by the law enforcement agency

23 prior to July 1, 2015.

24 (3) Cameras must be turned on at all times when the

25 officer is in uniform and is responding to calls for

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1 service or engaged in any law enforcement-related

2 encounter or activity, that occurs while the officer is on

3 duty.

4 (A) If exigent circumstances exist which prevent

5 the camera from being turned on, the camera must be

6 turned on as soon as practicable.

7 (B) Officer-worn body cameras may be turned off

8 when the officer is inside of a patrol car which is

9 equipped with a functioning in-car camera; however,

10 the officer must turn on the camera upon exiting the

11 patrol vehicle for law enforcement-related encounters.

12 (C) Officer-worn body cameras may be turned off

13 when the officer is inside a correctional facility or

14 courthouse which is equipped with a functioning camera

15 system.

16 (4) Cameras must be turned off when:

17 (A) the victim of a crime requests that the camera

18 be turned off, and unless impractical or impossible,

19 that request is made on the recording;

20 (B) a witness of a crime or a community member who

21 wishes to report a crime requests that the camera be

22 turned off, and unless impractical or impossible that

23 request is made on the recording; ~~or~~

24 (C) the officer is interacting with a confidential

25 informant used by the law enforcement agency; or ~~.~~

26 (D) an officer of the Department of Revenue enters

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1 a Department of Revenue facility or conducts an

2 interview during which return information will be

3 discussed or visible.

4 However, an officer may continue to record or resume

5 recording a victim or a witness, if exigent circumstances

6 exist, or if the officer has reasonable articulable

7 suspicion that a victim or witness, or confidential

8 informant has committed or is in the process of committing

9 a crime. Under these circumstances, and unless impractical

10 or impossible, the officer must indicate on the recording

11 the reason for continuing to record despite the request of

12 the victim or witness.

13 (4.5) Cameras may be turned off when the officer is

14 engaged in community caretaking functions. However, the

15 camera must be turned on when the officer has reason to

16 believe that the person on whose behalf the officer is

17 performing a community caretaking function has committed

18 or is in the process of committing a crime. If exigent

19 circumstances exist which prevent the camera from being

20 turned on, the camera must be turned on as soon as

21 practicable.

22 (5) The officer must provide notice of recording to

23 any person if the person has a reasonable expectation of

24 privacy and proof of notice must be evident in the

25 recording. If exigent circumstances exist which prevent

26 the officer from providing notice, notice must be provided

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1 as soon as practicable.

2 (6) (A) For the purposes of redaction, labeling, or

3 duplicating recordings, access to camera recordings shall

4 be restricted to only those personnel responsible for

5 those purposes. The recording officer or his or her

6 supervisor may not redact, label, duplicate or otherwise

7 alter the recording officer's camera recordings. Except as

8 otherwise provided in this Section, the recording officer

9 and his or her supervisor ~~of the recording officer~~ may

10 access and review recordings prior to completing incident

11 reports or other documentation, provided that the

12 supervisor discloses that fact in the report or

13 documentation.

14 (i) A law enforcement officer shall not have

15 access to or review his or her body-worn camera

16 recordings or the body-worn camera recordings of

17 another officer prior to completing incident reports

18 or other documentation when the officer:

19 (a) has been involved in or is a witness to an

20 officer-involved shooting, use of deadly force

21 incident, or use of force incidents resulting in

22 great bodily harm;

23 (b) is ordered to write a report in response

24 to or during the investigation of a misconduct

25 complaint against the officer.

26 (ii) If the officer subject to subparagraph (i)

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1 prepares a report, any report shall be prepared

2 without viewing body-worn camera recordings, and

3 subject to supervisor's approval, officers may file

4 amendatory reports after viewing body-worn camera

5 recordings. Supplemental reports under this provision

6 shall also contain documentation regarding access to

7 the video footage.

8 (B) The recording officer's assigned field

9 training officer may access and review recordings for

10 training purposes. Any detective or investigator

11 directly involved in the investigation of a matter may

12 access and review recordings which pertain to that

13 investigation but may not have access to delete or

14 alter such recordings.

15 (7) Recordings made on officer-worn cameras must be

16 retained by the law enforcement agency or by the camera

17 vendor used by the agency, on a recording medium for a

18 period of 90 days.

19 (A) Under no circumstances shall any recording,

20 except for a non-law enforcement related activity or

21 encounter, made with an officer-worn body camera be

22 altered, erased, or destroyed prior to the expiration

23 of the 90-day storage period.In the event any

24 recording made with an officer-worn body camera is

25 altered, erased, or destroyed prior to the expiration

26 of the 90-day storage period, the law enforcement

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1 agency shall maintain, for a period of one year, a

2 written record including (i) the name of the

3 individual who made such alteration, erasure, or

4 destruction, and (ii) the reason for any such

5 alteration, erasure, or destruction.

6 (B) Following the 90-day storage period, any and

7 all recordings made with an officer-worn body camera

8 must be destroyed, unless any encounter captured on

9 the recording has been flagged. An encounter is deemed

10 to be flagged when:

11 (i) a formal or informal complaint has been

12 filed;

13 (ii) the officer discharged his or her firearm

14 or used force during the encounter;

15 (iii) death or great bodily harm occurred to

16 any person in the recording;

17 (iv) the encounter resulted in a detention or

18 an arrest, excluding traffic stops which resulted

19 in only a minor traffic offense or business

20 offense;

21 (v) the officer is the subject of an internal

22 investigation or otherwise being investigated for

23 possible misconduct;

24 (vi) the supervisor of the officer,

25 prosecutor, defendant, or court determines that

26 the encounter has evidentiary value in a criminal

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1 prosecution; or

2 (vii) the recording officer requests that the

3 video be flagged for official purposes related to

4 his or her official duties.

5 (C) Under no circumstances shall any recording

6 made with an officer-worn body camera relating to a

7 flagged encounter be altered or destroyed prior to 2

8 years after the recording was flagged. If the flagged

9 recording was used in a criminal, civil, or

10 administrative proceeding, the recording shall not be

11 destroyed except upon a final disposition and order

12 from the court.

13 (8) Following the 90-day storage period, recordings

14 may be retained if a supervisor at the law enforcement

15 agency designates the recording for training purposes. If

16 the recording is designated for training purposes, the

17 recordings may be viewed by officers, in the presence of a

18 supervisor or training instructor, for the purposes of

19 instruction, training, or ensuring compliance with agency

20 policies.

21 (9) Recordings shall not be used to discipline law

22 enforcement officers unless:

23 (A) a formal or informal complaint of misconduct

24 has been made;

25 (B) a use of force incident has occurred;

26 (C) the encounter on the recording could result in

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1 a formal investigation under the Uniform Peace

2 Officers' Disciplinary Act; or

3 (D) as corroboration of other evidence of

4 misconduct.

5 Nothing in this paragraph (9) shall be construed to

6 limit or prohibit a law enforcement officer from being

7 subject to an action that does not amount to discipline.

8 (10) The law enforcement agency shall ensure proper

9 care and maintenance of officer-worn body cameras. Upon

10 becoming aware, officers must as soon as practical

11 document and notify the appropriate supervisor of any

12 technical difficulties, failures, or problems with the

13 officer-worn body camera or associated equipment. Upon

14 receiving notice, the appropriate supervisor shall make

15 every reasonable effort to correct and repair any of the

16 officer-worn body camera equipment.

17 (11) No officer may hinder or prohibit any person, not

18 a law enforcement officer, from recording a law

19 enforcement officer in the performance of his or her

20 duties in a public place or when the officer has no

21 reasonable expectation of privacy. The law enforcement

22 agency's written policy shall indicate the potential

23 criminal penalties, as well as any departmental

24 discipline, which may result from unlawful confiscation or

25 destruction of the recording medium of a person who is not

26 a law enforcement officer. However, an officer may take

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1 reasonable action to maintain safety and control, secure

2 crime scenes and accident sites, protect the integrity and

3 confidentiality of investigations, and protect the public

4 safety and order.

5 (b) Recordings made with the use of an officer-worn body

6 camera are not subject to disclosure under the Freedom of

7 Information Act, except that:

8 (1) if the subject of the encounter has a reasonable

9 expectation of privacy, at the time of the recording, any

10 recording which is flagged, due to the filing of a

11 complaint, discharge of a firearm, use of force, arrest or

12 detention, or resulting death or bodily harm, shall be

13 disclosed in accordance with the Freedom of Information

14 Act if:

15 (A) the subject of the encounter captured on the

16 recording is a victim or witness; and

17 (B) the law enforcement agency obtains written

18 permission of the subject or the subject's legal

19 representative;

20 (2) except as provided in paragraph (1) of this

21 subsection (b), any recording which is flagged due to the

22 filing of a complaint, discharge of a firearm, use of

23 force, arrest or detention, or resulting death or bodily

24 harm shall be disclosed in accordance with the Freedom of

25 Information Act; and

26 (3) upon request, the law enforcement agency shall

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1 disclose, in accordance with the Freedom of Information

2 Act, the recording to the subject of the encounter

3 captured on the recording or to the subject's attorney, or

4 the officer or his or her legal representative.

5 For the purposes of paragraph (1) of this subsection (b),

6 the subject of the encounter does not have a reasonable

7 expectation of privacy if the subject was arrested as a result

8 of the encounter. For purposes of subparagraph (A) of

9 paragraph (1) of this subsection (b), "witness" does not

10 include a person who is a victim or who was arrested as a

11 result of the encounter.

12 Only recordings or portions of recordings responsive to

13 the request shall be available for inspection or reproduction.

14 Any recording disclosed under the Freedom of Information Act

15 shall be redacted to remove identification of any person that

16 appears on the recording and is not the officer, a subject of

17 the encounter, or directly involved in the encounter. Nothing

18 in this subsection (b) shall require the disclosure of any

19 recording or portion of any recording which would be exempt

20 from disclosure under the Freedom of Information Act.

21 (c) Nothing in this Section shall limit access to a camera

22 recording for the purposes of complying with Supreme Court

23 rules or the rules of evidence.

24 (Source: P.A. 101-652, eff. 7-1-21.)

25 Section 30 The Uniform Crime Reporting Act is amended by

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1 changing Section 5-12 as follows:

2 (50 ILCS 709/5-12)

3 (Text of Section before amendment by P.A. 101-652)

4 Sec. 5-12. Monthly reporting. All law enforcement agencies

5 shall submit to the Department of State Police on a monthly

6 basis the following:

7 (1) beginning January 1, 2016, a report on any

8 arrest-related death that shall include information

9 regarding the deceased, the officer, any weapon used by

10 the officer or the deceased, and the circumstances of the

11 incident. The Department shall submit on a quarterly basis

12 all information collected under this paragraph (1) to the

13 Illinois Criminal Justice Information Authority,

14 contingent upon updated federal guidelines regarding the

15 Uniform Crime Reporting Program;

16 (2) beginning January 1, 2017, a report on any

17 instance when a law enforcement officer discharges his or

18 her firearm causing a non-fatal injury to a person, during

19 the performance of his or her official duties or in the

20 line of duty;

21 (3) a report of incident-based information on hate

22 crimes including information describing the offense,

23 location of the offense, type of victim, offender, and

24 bias motivation. If no hate crime incidents occurred

25 during a reporting month, the law enforcement agency must

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1 submit a no incident record, as required by the

2 Department;

3 (4) a report on any incident of an alleged commission

4 of a domestic crime, that shall include information

5 regarding the victim, offender, date and time of the

6 incident, any injury inflicted, any weapons involved in

7 the commission of the offense, and the relationship

8 between the victim and the offender;

9 (5) data on an index of offenses selected by the

10 Department based on the seriousness of the offense,

11 frequency of occurrence of the offense, and likelihood of

12 being reported to law enforcement. The data shall include

13 the number of index crime offenses committed and number of

14 associated arrests; and

15 (6) data on offenses and incidents reported by schools

16 to local law enforcement. The data shall include offenses

17 defined as an attack against school personnel,

18 intimidation offenses, drug incidents, and incidents

19 involving weapons.

20 (Source: P.A. 99-352, eff. 1-1-16.)

21 (Text of Section after amendment by P.A. 101-652)

22 Sec. 5-12. Monthly reporting. All law enforcement agencies

23 shall submit to the Department of State Police on a monthly

24 basis the following:

25 (1) beginning January 1, 2016, a report on any

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1 arrest-related death that shall include information

2 regarding the deceased, the officer, any weapon used by

3 the officer or the deceased, and the circumstances of the

4 incident. The Department shall submit on a quarterly basis

5 all information collected under this paragraph (1) to the

6 Illinois Criminal Justice Information Authority,

7 contingent upon updated federal guidelines regarding the

8 Uniform Crime Reporting Program;

9 (2) beginning January 1, 2017, a report on any

10 instance when a law enforcement officer discharges his or

11 her firearm causing a non-fatal injury to a person, during

12 the performance of his or her official duties or in the

13 line of duty;

14 (3) a report of incident-based information on hate

15 crimes including information describing the offense,

16 location of the offense, type of victim, offender, and

17 bias motivation. If no hate crime incidents occurred

18 during a reporting month, the law enforcement agency must

19 submit a no incident record, as required by the

20 Department;

21 (4) a report on any incident of an alleged commission

22 of a domestic crime, that shall include information

23 regarding the victim, offender, date and time of the

24 incident, any injury inflicted, any weapons involved in

25 the commission of the offense, and the relationship

26 between the victim and the offender;

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1 (5) data on an index of offenses selected by the

2 Department based on the seriousness of the offense,

3 frequency of occurrence of the offense, and likelihood of

4 being reported to law enforcement. The data shall include

5 the number of index crime offenses committed and number of

6 associated arrests;

7 (6) data on offenses and incidents reported by schools

8 to local law enforcement. The data shall include offenses

9 defined as an attack against school personnel,

10 intimidation offenses, drug incidents, and incidents

11 involving weapons;

12 (7) beginning on July 1, 2021, a report on incidents

13 ~~any incident~~ where a law enforcement officer was

14 dispatched to deal with a person experiencing a mental

15 health crisis or incident. The report shall include the

16 number of incidents, the level of law enforcement response

17 and the outcome of each incident. For purposes of this

18 Section, a "mental health crisis" is when a person's

19 behavior puts them at risk of hurting themselves or others

20 or prevents them from being able to care for themselves;

21 (8) beginning on July 1, 2021, a report on use of

22 force, including any action that resulted in the death or

23 serious bodily injury of a person or the discharge of a

24 firearm at or in the direction of a person. The report

25 shall include information required by the Department,

26 pursuant to Section 5-11 of this Act.

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1 (Source: P.A. 101-652, eff. 7-1-21.)

2 Section 35. The Counties Code is amended by changing

3 Sections 3-6041 and 3-15003.8 as follows:

4 (55 ILCS 5/3-6041)

5 (This Section may contain text from a Public Act with a

6 delayed effective date)

7 Sec. 3-6041. Military equipment surplus program.

8 (a) For purposes of this Section:

9 "Bayonet" means a large knife designed to be attached to

10 the muzzle of a rifle, shotgun, or long gun for the purpose of

11 hand-to-hand combat.

12 "Grenade launcher" means a firearm or firearm accessory

13 used ~~designed~~ to launch fragmentary ~~small~~ explosive rounds

14 designed to inflict death or cause great bodily harm

15 ~~projectiles~~.

16 "Military equipment surplus program" means any federal or

17 State program allowing a law enforcement agency to obtain

18 surplus military equipment including, but not limited to, any

19 program organized under Section 1122 of the National Defense

20 Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or

21 Section 1033 of the National Defense Authorization Act for

22 Fiscal Year 1997 (Pub. L. 104-201) or any program established

23 under 10 U.S.C. 2576a.

24 "Tracked armored vehicle" means a vehicle that provides

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1 ballistic protection to its occupants and utilizes a tracked

2 system instead ~~installed~~ of wheels for forward motion not

3 including vehicles listed in the Authorized Equipment List as

4 published by the Federal Emergency Management Agency.

5 "Weaponized aircraft, vessel, or vehicle" means any

6 aircraft, vessel, or vehicle with weapons installed.

7 (b) A sheriff's department shall not request or receive

8 from any military equipment surplus program nor purchase or

9 otherwise utilize the following equipment:

10 (1) tracked armored vehicles;

11 (2) weaponized aircraft, vessels, or vehicles;

12 (3) firearms of .50-caliber or higher;

13 (4) ammunition of .50-caliber or higher;

14 (5) grenade launchers; or

15 (6) bayonets.

16 (c) A home rule county may not regulate the acquisition of

17 equipment in a manner inconsistent with this Section. This

18 Section is a limitation under subsection (i) of Section 6 of

19 Article VII of the Illinois Constitution on the concurrent

20 exercise by home rule counties of powers and functions

21 exercised by the State.

22 (d) If the sheriff requests property from a military

23 equipment surplus program, the sheriff shall publish notice of

24 the request on a publicly accessible website maintained by the

25 sheriff or the county within 14 days after the request.

26 (Source: P.A. 101-652, eff. 7-1-21.)

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1 (55 ILCS 5/3-15003.8)

2 (This Section may contain text from a Public Act with a

3 delayed effective date)

4 Sec. 3-15003.8. Educational programming ~~programing~~ for

5 pregnant prisoners. The Illinois Department of Public Health

6 shall provide the county department of corrections with

7 educational programming relating to pregnancy and parenting

8 and the county department of corrections shall provide the

9 programming to pregnant prisoners ~~A county department of~~

10 ~~corrections shall develop and provide to each pregnant~~

11 ~~prisoner educational programming relating to pregnancy and~~

12 ~~parenting~~. The programming must include instruction regarding:

13 (1) appropriate prenatal care and hygiene;

14 (2) the effects of prenatal exposure to alcohol and

15 drugs on a developing fetus;

16 (3) parenting skills; and

17 (4) medical and mental health issues applicable to

18 children.

19 (Source: P.A. 101-652, eff. 7-1-21.)

20 Section 40. The Illinois Municipal Code is amended by

21 changing Section 11-5.1-2 as follows:

22 (65 ILCS 5/11-5.1-2)

23 (This Section may contain text from a Public Act with a

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1 delayed effective date)

2 Sec. 11-5.1-2. Military equipment surplus program.

3 (a) For purposes of this Section:

4 "Bayonet" means large knives designed to be attached to

5 the muzzle of a rifle, shotgun, or long gun for the purposes of

6 hand-to-hand combat.

7 "Grenade launcher" means a firearm or firearm accessory

8 used ~~designed~~ to launch fragmentary ~~small~~ explosive rounds

9 designed to inflict death or cause great bodily harm

10 ~~projectiles~~.

11 "Military equipment surplus program" means any federal or

12 state program allowing a law enforcement agency to obtain

13 surplus military equipment including, but not limit to, any

14 program organized under Section 1122 of the National Defense

15 Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or

16 Section 1033 of the National Defense Authorization Act for

17 Fiscal Year 1997 (Pub. L. 104-201) or any program established

18 by the United States Department of Defense under 10 U.S.C.

19 2576a.

20 "Tracked armored vehicle" means a vehicle that provides

21 ballistic protection to its occupants and utilizes a tracked

22 system instead ~~installed~~ of wheels for forward motion not

23 including vehicles listed in the Authorized Equipment List as

24 published by the Federal Emergency Management Agency.

25 "Weaponized aircraft, vessels, or vehicles" means any

26 aircraft, vessel, or vehicle with weapons installed.

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1 (b) A police department shall not request or receive from

2 any military equipment surplus program nor purchase or

3 otherwise utilize the following equipment:

4 (1) tracked armored vehicles;

5 (2) weaponized aircraft, vessels, or vehicles;

6 (3) firearms of .50-caliber or higher;

7 (4) ammunition of .50-caliber or higher;

8 (5) grenade launchers, grenades, or similar

9 explosives; or

10 (6) bayonets.

11 (c) A home rule municipality may not regulate the

12 acquisition of equipment in a manner inconsistent with this

13 Section. This Section is a limitation under subsection (i) of

14 Section 6 of Article VII of the Illinois Constitution on the

15 concurrent exercise by home rule municipalities of powers and

16 functions exercised by the State.

17 (d) If a police department requests other property not

18 prohibited from a military equipment surplus program, the

19 police department shall publish notice of the request on a

20 publicly accessible website maintained by the police

21 department or the municipality within 14 days after the

22 request.

23 (Source: P.A. 101-652, eff. 7-1-21.)

24 (65 ILCS 5/1-2-12.1 rep.)

25 Section 45. The Illinois Municipal Code is amended by

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1 repealing Section 1-2-12.1. This Section is effective January

2 1, 2023.

3 Section 50. The Criminal Code of 2012 is amended by

4 changing Sections 7-5, 7-5.5, 7-15, 7-16, 31-1 and 33-9 as

5 follows:

6 (720 ILCS 5/7-5) (from Ch. 38, par. 7-5)

7 (Text of Section before amendment by P.A. 101-652)

8 Sec. 7-5. Peace officer's use of force in making arrest.

9 (a) A peace officer, or any person whom he has summoned or

10 directed to assist him, need not retreat or desist from

11 efforts to make a lawful arrest because of resistance or

12 threatened resistance to the arrest. He is justified in the

13 use of any force which he reasonably believes to be necessary

14 to effect the arrest and of any force which he reasonably

15 believes to be necessary to defend himself or another from

16 bodily harm while making the arrest. However, he is justified

17 in using force likely to cause death or great bodily harm only

18 when he reasonably believes that such force is necessary to

19 prevent death or great bodily harm to himself or such other

20 person, or when he reasonably believes both that:

21 (1) Such force is necessary to prevent the arrest from

22 being defeated by resistance or escape; and

23 (2) The person to be arrested has committed or

24 attempted a forcible felony which involves the infliction

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1 or threatened infliction of great bodily harm or is

2 attempting to escape by use of a deadly weapon, or

3 otherwise indicates that he will endanger human life or

4 inflict great bodily harm unless arrested without delay.

5 (b) A peace officer making an arrest pursuant to an

6 invalid warrant is justified in the use of any force which he

7 would be justified in using if the warrant were valid, unless

8 he knows that the warrant is invalid.

9 (Source: P.A. 84-1426.)

10 (Text of Section after amendment by P.A. 101-652)

11 Sec. 7-5. Peace officer's use of force in making arrest.

12 (a) A peace officer, or any person whom he has summoned or

13 directed to assist him, need not retreat or desist from

14 efforts to make a lawful arrest because of resistance or

15 threatened resistance to the arrest. He is justified in the

16 use of any force which he reasonably believes, based on the

17 totality of the circumstances, to be necessary to effect the

18 arrest and of any force which he reasonably believes, based on

19 the totality of the circumstances, to be necessary to defend

20 himself or another from bodily harm while making the arrest.

21 However, he is justified in using force likely to cause death

22 or great bodily harm only when: (i) he reasonably believes,

23 based on the totality of the circumstances, that such force is

24 necessary to prevent death or great bodily harm to himself or

25 such other person; ~~,~~ or (ii) when he reasonably believes, based

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1 on the totality of the circumstances, both that:

2 (1) Such force is necessary to prevent the arrest from

3 being defeated by resistance or escape~~; the officer~~

4 ~~reasonably believes that the person to be arrested cannot~~

5 ~~be apprehended at a later date,~~and the officer reasonably

6 believes that the person to be arrested is likely to cause

7 great bodily harm to another; and

8 (2) The person to be arrested ~~just~~ committed or

9 attempted a forcible felony which involves the infliction

10 or threatened infliction of great bodily harm or is

11 attempting to escape by use of a deadly weapon, or

12 otherwise indicates that he will endanger human life or

13 inflict great bodily harm unless arrested without delay.

14 As used in this subsection, "retreat" does not mean

15 tactical repositioning or other de-escalation tactics.

16 A peace officer is not justified in using force likely to

17 cause death or great bodily harm when there is no longer an

18 imminent threat of great bodily harm to the officer or

19 another.

20 (a-5) Where feasible, a peace officer shall, prior to the

21 use of force, make reasonable efforts to identify himself or

22 herself as a peace officer and to warn that deadly force may be

23 used~~, unless the officer has reasonable grounds to believe~~

24 ~~that the person is aware of those facts~~.

25 (a-10) A peace officer shall not use deadly force against

26 a person based on the danger that the person poses to himself

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1 or herself if an reasonable officer would believe the person

2 does not pose an imminent threat of death or great bodily harm

3 ~~serious bodily injury~~ to the peace officer or to another

4 person.

5 (a-15) A peace officer shall not use deadly force against

6 a person who is suspected of committing a property offense,

7 unless that offense is terrorism or unless deadly force is

8 otherwise authorized by law.

9 (b) A peace officer making an arrest pursuant to an

10 invalid warrant is justified in the use of any force which he

11 would be justified in using if the warrant were valid, unless

12 he knows that the warrant is invalid.

13 (c) The authority to use physical force conferred on peace

14 officers by this Article is a serious responsibility that

15 shall be exercised judiciously and with respect for human

16 rights and dignity and for the sanctity of every human life.

17 (d) Peace officers shall use deadly force only when

18 reasonably necessary in defense of human life. In determining

19 whether deadly force is reasonably necessary, officers shall

20 evaluate each situation in light of the totality of ~~particular~~

21 circumstances of each case including but not limited to the

22 proximity in time of the use of force to the commission of a

23 forcible felony, and the reasonable feasibility of safely

24 apprehending a subject at a later time, and shall use other

25 available resources and techniques, if reasonably safe and

26 feasible to a reasonable officer.

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1 (e) The decision by a peace officer to use force shall be

2 evaluated carefully and thoroughly, in a manner that reflects

3 the gravity of that authority and the serious consequences of

4 the use of force by peace officers, in order to ensure that

5 officers use force consistent with law and agency policies.

6 (f) The decision by a peace officer to use force shall be

7 evaluated from the perspective of a reasonable officer in the

8 same situation, based on the totality of the circumstances

9 known to or perceived by the officer at the time of the

10 decision, rather than with the benefit of hindsight, and that

11 the totality of the circumstances shall account for occasions

12 when officers may be forced to make quick judgments about

13 using force.

14 (g) Law enforcement agencies are encouraged to adopt and

15 develop policies designed to protect individuals with

16 physical, mental health, developmental, or intellectual

17 disabilities, or individuals who are significantly more likely

18 to experience greater levels of physical force during police

19 interactions, as these disabilities may affect the ability of

20 a person to understand or comply with commands from peace

21 officers.

22 (h) As used in this Section:

23 (1) "Deadly force" means any use of force that creates

24 a substantial risk of causing death or great bodily harm

25 ~~serious bodily injury~~, including, but not limited to, the

26 discharge of a firearm.

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1 (2) A threat of death or serious bodily injury is

2 "imminent" when, based on the totality of the

3 circumstances, a reasonable officer in the same situation

4 would believe that a person has the present ability,

5 opportunity, and apparent intent to immediately cause

6 death or great bodily harm ~~serious bodily injury~~ to the

7 peace officer or another person. An imminent harm is not

8 merely a fear of future harm, no matter how great the fear

9 and no matter how great the likelihood of the harm, but is

10 one that, from appearances, must be instantly confronted

11 and addressed.

12 (3) "Totality of the circumstances" means all facts

13 known to the peace officer at the time, or that would be

14 known to a reasonable officer in the same situation,

15 including the conduct of the officer and the subject

16 leading up to the use of deadly force.

17 (Source: P.A. 101-652, eff. 7-1-21.)

18 (720 ILCS 5/7-5.5)

19 (Text of Section before amendment by P.A. 101-652)

20 Sec. 7-5.5. Prohibited use of force by a peace officer.

21 (a) A peace officer shall not use a chokehold in the

22 performance of his or her duties, unless deadly force is

23 justified under Article 7 of this Code.

24 (b) A peace officer shall not use a chokehold, or any

25 lesser contact with the throat or neck area of another, in

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1 order to prevent the destruction of evidence by ingestion.

2 (c) As used in this Section, "chokehold" means applying

3 any direct pressure to the throat, windpipe, or airway of

4 another ~~with the intent to reduce or prevent the intake of air~~.

5 "Chokehold" does not include any holding involving contact

6 with the neck that is not intended to reduce the intake of air

7 such as a headlock where the only pressure applied is to the

8 head.

9 (Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.)

10 (Text of Section after amendment by P.A. 101-652)

11 Sec. 7-5.5. Prohibited use of force by a peace officer.

12 (a) A peace officer, or any other person acting under the

13 color of law ~~on behalf of a peace officer~~, shall not use a

14 chokehold or restraint above the shoulders with risk of

15 asphyxiation in the performance of his or her duties, unless

16 deadly force is justified under Article 7 of this Code.

17 (b) A peace officer, or any other person acting under the

18 color of law ~~on behalf of a peace officer~~, shall not use a

19 chokehold or restraint above the shoulders with risk of

20 asphyxiation, or any lesser contact with the throat or neck

21 area of another, in order to prevent the destruction of

22 evidence by ingestion.

23 (c) As used in this Section, "chokehold" means applying

24 any direct pressure to the throat, windpipe, or airway of

25 another. "Chokehold" does not include any holding involving

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1 contact with the neck that is not intended to reduce the intake

2 of air such as a headlock where the only pressure applied is to

3 the head.

4 (d) As used in this Section, "restraint above the

5 shoulders with risk of positional asphyxiation" means a use of

6 a technique used to restrain a person above the shoulders,

7 including the neck or head, in a position which interferes

8 with the person's ability to breathe after the person no

9 longer poses a threat to the officer or any other person.

10 (e) A peace officer, or any other person acting under the

11 color of law ~~on behalf of a peace officer~~, shall not:

12 (i) use force as punishment or retaliation;

13 (ii) discharge kinetic impact projectiles and all

14 other non-or less-lethal projectiles in a manner that

15 targets the head, neck, groin, anterior ~~,~~ pelvis, or back;

16 (iii) discharge conducted electrical weapons in a

17 manner that targets the head, chest, neck, groin, or

18 anterior pelvis;

19 (iv) ~~(iii)~~ discharge firearms or kinetic impact

20 projectiles indiscriminately into a crowd; or

21 (v) ~~(iv)~~ use chemical agents or irritants for crowd

22 control, including pepper spray and tear gas, prior to

23 issuing an order to disperse in a sufficient manner to

24 allow for ~~ensure~~ the order to be ~~is~~ heard and repeated if

25 necessary, followed by sufficient time and space to allow

26 compliance with the order unless providing such time and

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1 space would unduly place an officer or another person at

2 risk of death or great bodily harm.

3 (vi) use chemical agents or irritants, including

4 pepper spray and tear gas, prior to issuing an order in a

5 sufficient manner to ensure the order is heard, and

6 repeated if necessary, to allow compliance with the order

7 unless providing such time and space would unduly place an

8 officer or another person at risk of death or great bodily

9 harm.

10 (Source: P.A. 101-652, eff. 7-1-21.)

11 (720 ILCS 5/7-15)

12 (This Section may contain text from a Public Act with a

13 delayed effective date)

14 Sec. 7-15. Duty to render aid. It is the policy of the

15 State of Illinois that all law enforcement officers must, as

16 soon as reasonably practical, determine if a person is

17 injured, whether as a result of a use of force or otherwise,

18 and render medical aid and assistance consistent with training

19 and request emergency medical assistance if necessary. "Render

20 medical aid and assistance" includes, but is not limited to,

21 (i) performing emergency life-saving procedures such as

22 cardiopulmonary resuscitation or the administration of an

23 automated external defibrillator; and (ii) ~~the carrying, or~~

24 the making of arrangements for the carrying~~,~~ of such person to

25 a physician, surgeon, or hospital for medical or surgical

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1 treatment if it is apparent that treatment is necessary, or if

2 such carrying is requested by the injured person.

3 (Source: P.A. 101-652, eff. 7-1-21.)

4 (720 ILCS 5/7-16)

5 (This Section may contain text from a Public Act with a

6 delayed effective date)

7 Sec. 7-16. Duty to intervene.

8 (a) A peace officer, or any other person acting under the

9 color of law who has an opportunity to intervene ~~on behalf of a~~

10 ~~peace officer~~, shall have an affirmative duty to intervene to

11 prevent or stop another peace officer in his or her presence

12 from using any unauthorized force or force that exceeds the

13 degree of force permitted, if any, without regard for chain of

14 command.

15 (b) A peace officer, or any other person acting under the

16 color of law ~~on behalf of a peace officer~~, who intervenes as

17 required by this Section shall report the intervention to the

18 person designated/identified by the law enforcement entity in

19 a manner prescribed by the agency. The report required by this

20 Section must include the date, time, and place of the

21 occurrence; the identity, if known, and description of the

22 participants; and a description of the intervention actions

23 taken and whether they were successful. In no event shall the

24 report be submitted more than 5 days after the incident.

25 (c) A member of a law enforcement agency shall not

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1 discipline nor retaliate in any way against a peace officer

2 for intervening as required in this Section or for reporting

3 unconstitutional or unlawful conduct, or for failing to follow

4 what the officer reasonably believes is an unconstitutional or

5 unlawful directive.

6 (Source: P.A. 101-652, eff. 7-1-21.)

7 (720 ILCS 5/31-1) (from Ch. 38, par. 31-1)

8 (Text of Section before amendment by P.A. 101-652)

9 Sec. 31-1. Resisting or obstructing a peace officer,

10 firefighter, or correctional institution employee.

11 (a) A person who knowingly resists or obstructs the

12 performance by one known to the person to be a peace officer,

13 firefighter, or correctional institution employee of any

14 authorized act within his or her official capacity commits a

15 Class A misdemeanor.

16 (a-5) In addition to any other sentence that may be

17 imposed, a court shall order any person convicted of resisting

18 or obstructing a peace officer, firefighter, or correctional

19 institution employee to be sentenced to a minimum of 48

20 consecutive hours of imprisonment or ordered to perform

21 community service for not less than 100 hours as may be

22 determined by the court. The person shall not be eligible for

23 probation in order to reduce the sentence of imprisonment or

24 community service.

25 (a-7) A person convicted for a violation of this Section

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1 whose violation was the proximate cause of an injury to a peace

2 officer, firefighter, or correctional institution employee is

3 guilty of a Class 4 felony.

4 (b) For purposes of this Section, "correctional

5 institution employee" means any person employed to supervise

6 and control inmates incarcerated in a penitentiary, State

7 farm, reformatory, prison, jail, house of correction, police

8 detention area, half-way house, or other institution or place

9 for the incarceration or custody of persons under sentence for

10 offenses or awaiting trial or sentence for offenses, under

11 arrest for an offense, a violation of probation, a violation

12 of parole, a violation of aftercare release, a violation of

13 mandatory supervised release, or awaiting a bail setting

14 hearing or preliminary hearing, or who are sexually dangerous

15 persons or who are sexually violent persons; and "firefighter"

16 means any individual, either as an employee or volunteer, of a

17 regularly constituted fire department of a municipality or

18 fire protection district who performs fire fighting duties,

19 including, but not limited to, the fire chief, assistant fire

20 chief, captain, engineer, driver, ladder person, hose person,

21 pipe person, and any other member of a regularly constituted

22 fire department. "Firefighter" also means a person employed by

23 the Office of the State Fire Marshal to conduct arson

24 investigations.

25 (c) It is an affirmative defense to a violation of this

26 Section if a person resists or obstructs the performance of

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1 one known by the person to be a firefighter by returning to or

2 remaining in a dwelling, residence, building, or other

3 structure to rescue or to attempt to rescue any person.

4 (Source: P.A. 98-558, eff. 1-1-14.)

5 (Text of Section after amendment by P.A. 101-652)

6 Sec. 31-1. Resisting or obstructing a peace officer,

7 firefighter, or correctional institution employee.

8 (a) A person who knowingly:

9 (1) resists arrest, or

10 (2)obstructs the performance by one known to the

11 person to be a peace officer, firefighter, or correctional

12 institution employee of any authorized act within his or

13 her official capacity commits a Class A misdemeanor.

14 (a-5) In addition to any other sentence that may be

15 imposed, a court shall order any person convicted of resisting

16 or obstructing a peace officer, firefighter, or correctional

17 institution employee to be sentenced to a minimum of 48

18 consecutive hours of imprisonment or ordered to perform

19 community service for not less than 100 hours as may be

20 determined by the court. The person shall not be eligible for

21 probation in order to reduce the sentence of imprisonment or

22 community service.

23 (a-7) A person convicted for a violation of this Section

24 whose violation was the proximate cause of an injury to a peace

25 officer, firefighter, or correctional institution employee is

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1 guilty of a Class 4 felony.

2 (b) For purposes of this Section, "correctional

3 institution employee" means any person employed to supervise

4 and control inmates incarcerated in a penitentiary, State

5 farm, reformatory, prison, jail, house of correction, police

6 detention area, half-way house, or other institution or place

7 for the incarceration or custody of persons under sentence for

8 offenses or awaiting trial or sentence for offenses, under

9 arrest for an offense, a violation of probation, a violation

10 of parole, a violation of aftercare release, a violation of

11 mandatory supervised release, or awaiting a hearing or

12 preliminary hearing on setting the conditions of pretrial

13 release, or who are sexually dangerous persons or who are

14 sexually violent persons; and "firefighter" means any

15 individual, either as an employee or volunteer, of a regularly

16 constituted fire department of a municipality or fire

17 protection district who performs fire fighting duties,

18 including, but not limited to, the fire chief, assistant fire

19 chief, captain, engineer, driver, ladder person, hose person,

20 pipe person, and any other member of a regularly constituted

21 fire department. "Firefighter" also means a person employed by

22 the Office of the State Fire Marshal to conduct arson

23 investigations.

24 (c) It is an affirmative defense to a violation of this

25 Section if a person resists or obstructs the performance of

26 one known by the person to be a firefighter by returning to or

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1 remaining in a dwelling, residence, building, or other

2 structure to rescue or to attempt to rescue any person.

3 (d) A person shall not be subject to arrest for resisting

4 arrest under this Section unless there is an underlying

5 offense for which the person was initially subject to arrest.

6 (Source: P.A. 101-652, eff. 1-1-23.)

7 (720 ILCS 5/33-9)

8 (This Section may contain text from a Public Act with a

9 delayed effective date)

10 Sec. 33-9. Law enforcement misconduct.

11 (a) A law enforcement officer or a person acting under

12 color of law ~~on behalf of a law enforcement officer~~ commits law

13 enforcement misconduct when, in the performance of his or her

14 official duties with intent to prevent the apprehension or

15 obstruct the prosecution or defense of any person, he or she

16 ~~knowingly and intentionally~~:

17 (1) knowingly and intentionally misrepresents or fails

18 to provide material facts describing an incident in any

19 report or during any investigations regarding the law

20 enforcement employee's conduct;

21 (2) knowingly and intentionally withholds any

22 knowledge of the material misrepresentations of another

23 law enforcement officer from the law enforcement

24 employee's supervisor, investigator, or other person or

25 entity tasked with holding the law enforcement officer

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1 accountable; or

2 (3) knowingly and intentionally fails to comply with

3 paragraphs (3), (5), (6), and (7) of subsection (a) of

4 Section 10-20 of the Law Enforcement Officer-Worn Body

5 Camera Act. ~~State law or their department policy requiring~~

6 ~~the use of officer-worn body cameras.~~

7 (b) Sentence. Law enforcement misconduct is a Class 3

8 felony.

9 (Source: P.A. 101-652, eff. 7-1-21.)

10 Section 55. The Code of Criminal Procedure of 1963 is

11 amended by changing Sections 103-3, 108-8, and 110-5 as

12 follows:

13 (725 ILCS 5/103-3) (from Ch. 38, par. 103-3)

14 (Text of Section before amendment by P.A. 101-652)

15 Sec. 103-3. Right to communicate with attorney and family;

16 transfers.

17 (a) Persons who are arrested shall have the right to

18 communicate with an attorney of their choice and a member of

19 their family by making a reasonable number of telephone calls

20 or in any other reasonable manner. Such communication shall be

21 permitted within a reasonable time after arrival at the first

22 place of custody.

23 (b) In the event the accused is transferred to a new place

24 of custody his right to communicate with an attorney and a

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1 member of his family is renewed.

2 (Source: Laws 1963, p. 2836.)

3 (Text of Section after amendment by P.A. 101-652)

4 Sec. 103-3. Right to communicate with attorney and family;

5 transfers.

6 (a) (Blank).

7 (a-5) Persons who are in police custody have the right to

8 communicate free of charge with an attorney of their choice

9 and members of their family as soon as possible upon being

10 taken into police custody, but no later than three hours after

11 arrival at the first place of custody. Persons in police

12 custody must be given:

13 (1) access to use a telephone via a land line or

14 cellular phone to make three phone calls; and

15 (2) the ability to retrieve phone numbers contained in

16 his or her contact list on his or her cellular phone prior

17 to the phone being placed into inventory.

18 (a-10) In accordance with Section 103-7, at every facility

19 where a person is in police custody a sign containing, at

20 minimum, the following information in bold block type must be

21 posted in a conspicuous place:

22 (1) a short statement notifying persons who are in

23 police custody of their right to have access to a phone

24 within three hours after being taken into police custody;

25 and

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1 (2) persons who are in police custody have the right

2 to make three phone calls within three hours after being

3 taken into custody, at no charge.

4 (a-15) In addition to the information listed in subsection

5 (a-10), if the place of custody is located in a jurisdiction

6 where the court has appointed the public defender or other

7 attorney to represent persons who are in police custody, the

8 telephone number to the public defender or appointed

9 attorney's office must also be displayed. The telephone call

10 to the public defender or other attorney must not be

11 monitored, eavesdropped upon, or recorded.

12 (b) (Blank).

13 (c) In the event a person who is in police custody is

14 transferred to a new place of custody, his or her right to make

15 telephone calls under this Section within three hours after

16 arrival is renewed.

17 (d) In this Section "custody" means the restriction of a

18 person's freedom of movement by a law enforcement officer's

19 exercise of his or her lawful authority.

20 (e) The three hours requirement shall not apply while the

21 person in police custody is asleep, unconscious, or otherwise

22 incapacitated.

23 (f) Nothing in this Section shall interfere with a

24 person's rights or override procedures required in the Bill of

25 Rights of the Illinois and US Constitutions, including but not

26 limited to Fourth Amendment search and seizure rights, Fifth

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1 Amendment due process rights and rights to be free from

2 self-incrimination and Sixth Amendment right to counsel.

3 (g) This Section is effective January 1, 2022.

4 (Source: P.A. 101-652, eff. 7-1-21.)

5 (725 ILCS 5/108-8) (from Ch. 38, par. 108-8)

6 (Text of Section before amendment by P.A. 101-652)

7 Sec. 108-8. Use of force in execution of search warrant.

8 (a) All necessary and reasonable force may be used to

9 effect an entry into any building or property or part thereof

10 to execute a search warrant.

11 (b) The court issuing a warrant may authorize the officer

12 executing the warrant to make entry without first knocking and

13 announcing his or her office if it finds, based upon a showing

14 of specific facts, the existence of the following exigent

15 circumstances:

16 (1) That the officer reasonably believes that if

17 notice were given a weapon would be used:

18 (i) against the officer executing the search

19 warrant; or

20 (ii) against another person.

21 (2) That if notice were given there is an imminent

22 "danger" that evidence will be destroyed.

23 (Source: P.A. 92-502, eff. 12-19-01.)

24 (Text of Section after amendment by P.A. 101-652)

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1 Sec. 108-8. Use of force in execution of search warrant.

2 (a) All necessary and reasonable force may be used to

3 effect an entry into any building or property or part thereof

4 to execute a search warrant.

5 (b) The court issuing a warrant may authorize the officer

6 executing the warrant to make entry without first knocking and

7 announcing his or her office if it finds, based upon a showing

8 of specific facts, the existence of the following exigent

9 circumstances:

10 (1) That the officer reasonably believes that if

11 notice were given a weapon would be used:

12 (i) against the officer executing the search

13 warrant; or

14 (ii) against another person.

15 (2) That if notice were given there is an imminent

16 "danger" that evidence will be destroyed.

17 (c) Prior to the issuing of a warrant under subsection

18 (b), the officer must attest that:

19 (1) prior to entering the location described in the

20 search warrant, a supervising officer will ensure that

21 each participating member is assigned a body worn camera

22 and is following policies and procedures in accordance

23 with Section 10-20 of the Law Enforcement Officer-Worn

24 Body Camera Act; provided that the law enforcement agency

25 has implemented body worn camera in accordance with

26 Section 10-15 of the Law Enforcement Officer-Worn Body

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1 Camera Act. If a law enforcement agency or each

2 participating member of a multi-jurisdictional team has

3 not implemented a body camera in accordance with Section

4 10-15 of the Law Enforcement Officer-Worn Body Camera Act,

5 the officer must attest that the interaction authorized by

6 the warrant is otherwise recorded;

7 (2) The supervising officer verified the subject

8 address listed on the warrant for ~~steps were taken in~~

9 ~~planning the search to ensure~~ accuracy and planned ~~plan~~

10 for children or other vulnerable people on-site; and

11 (3) if an officer becomes aware the search warrant was

12 executed at an address, unit, or apartment different from

13 the location listed on the search warrant, that member

14 will immediately notify a supervisor who will ensure an

15 internal investigation or formal inquiry ensues.

16 (Source: P.A. 101-652, eff. 7-1-21.)

17 (725 ILCS 5/110-5) (from Ch. 38, par. 110-5)

18 (Text of Section before amendment by P.A. 101-652)

19 Sec. 110-5. Determining the amount of bail and conditions

20 of release.

21 (a) In determining the amount of monetary bail or

22 conditions of release, if any, which will reasonably assure

23 the appearance of a defendant as required or the safety of any

24 other person or the community and the likelihood of compliance

25 by the defendant with all the conditions of bail, the court

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1 shall, on the basis of available information, take into

2 account such matters as the nature and circumstances of the

3 offense charged, whether the evidence shows that as part of

4 the offense there was a use of violence or threatened use of

5 violence, whether the offense involved corruption of public

6 officials or employees, whether there was physical harm or

7 threats of physical harm to any public official, public

8 employee, judge, prosecutor, juror or witness, senior citizen,

9 child, or person with a disability, whether evidence shows

10 that during the offense or during the arrest the defendant

11 possessed or used a firearm, machine gun, explosive or metal

12 piercing ammunition or explosive bomb device or any military

13 or paramilitary armament, whether the evidence shows that the

14 offense committed was related to or in furtherance of the

15 criminal activities of an organized gang or was motivated by

16 the defendant's membership in or allegiance to an organized

17 gang, the condition of the victim, any written statement

18 submitted by the victim or proffer or representation by the

19 State regarding the impact which the alleged criminal conduct

20 has had on the victim and the victim's concern, if any, with

21 further contact with the defendant if released on bail,

22 whether the offense was based on racial, religious, sexual

23 orientation or ethnic hatred, the likelihood of the filing of

24 a greater charge, the likelihood of conviction, the sentence

25 applicable upon conviction, the weight of the evidence against

26 such defendant, whether there exists motivation or ability to

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1 flee, whether there is any verification as to prior residence,

2 education, or family ties in the local jurisdiction, in

3 another county, state or foreign country, the defendant's

4 employment, financial resources, character and mental

5 condition, past conduct, prior use of alias names or dates of

6 birth, and length of residence in the community, the consent

7 of the defendant to periodic drug testing in accordance with

8 Section 110-6.5, whether a foreign national defendant is

9 lawfully admitted in the United States of America, whether the

10 government of the foreign national maintains an extradition

11 treaty with the United States by which the foreign government

12 will extradite to the United States its national for a trial

13 for a crime allegedly committed in the United States, whether

14 the defendant is currently subject to deportation or exclusion

15 under the immigration laws of the United States, whether the

16 defendant, although a United States citizen, is considered

17 under the law of any foreign state a national of that state for

18 the purposes of extradition or non-extradition to the United

19 States, the amount of unrecovered proceeds lost as a result of

20 the alleged offense, the source of bail funds tendered or

21 sought to be tendered for bail, whether from the totality of

22 the court's consideration, the loss of funds posted or sought

23 to be posted for bail will not deter the defendant from flight,

24 whether the evidence shows that the defendant is engaged in

25 significant possession, manufacture, or delivery of a

26 controlled substance or cannabis, either individually or in

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1 consort with others, whether at the time of the offense

2 charged he or she was on bond or pre-trial release pending

3 trial, probation, periodic imprisonment or conditional

4 discharge pursuant to this Code or the comparable Code of any

5 other state or federal jurisdiction, whether the defendant is

6 on bond or pre-trial release pending the imposition or

7 execution of sentence or appeal of sentence for any offense

8 under the laws of Illinois or any other state or federal

9 jurisdiction, whether the defendant is under parole, aftercare

10 release, mandatory supervised release, or work release from

11 the Illinois Department of Corrections or Illinois Department

12 of Juvenile Justice or any penal institution or corrections

13 department of any state or federal jurisdiction, the

14 defendant's record of convictions, whether the defendant has

15 been convicted of a misdemeanor or ordinance offense in

16 Illinois or similar offense in other state or federal

17 jurisdiction within the 10 years preceding the current charge

18 or convicted of a felony in Illinois, whether the defendant

19 was convicted of an offense in another state or federal

20 jurisdiction that would be a felony if committed in Illinois

21 within the 20 years preceding the current charge or has been

22 convicted of such felony and released from the penitentiary

23 within 20 years preceding the current charge if a penitentiary

24 sentence was imposed in Illinois or other state or federal

25 jurisdiction, the defendant's records of juvenile adjudication

26 of delinquency in any jurisdiction, any record of appearance

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1 or failure to appear by the defendant at court proceedings,

2 whether there was flight to avoid arrest or prosecution,

3 whether the defendant escaped or attempted to escape to avoid

4 arrest, whether the defendant refused to identify himself or

5 herself, or whether there was a refusal by the defendant to be

6 fingerprinted as required by law. Information used by the

7 court in its findings or stated in or offered in connection

8 with this Section may be by way of proffer based upon reliable

9 information offered by the State or defendant. All evidence

10 shall be admissible if it is relevant and reliable regardless

11 of whether it would be admissible under the rules of evidence

12 applicable at criminal trials. If the State presents evidence

13 that the offense committed by the defendant was related to or

14 in furtherance of the criminal activities of an organized gang

15 or was motivated by the defendant's membership in or

16 allegiance to an organized gang, and if the court determines

17 that the evidence may be substantiated, the court shall

18 prohibit the defendant from associating with other members of

19 the organized gang as a condition of bail or release. For the

20 purposes of this Section, "organized gang" has the meaning

21 ascribed to it in Section 10 of the Illinois Streetgang

22 Terrorism Omnibus Prevention Act.

23 (a-5) There shall be a presumption that any conditions of

24 release imposed shall be non-monetary in nature and the court

25 shall impose the least restrictive conditions or combination

26 of conditions necessary to reasonably assure the appearance of

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1 the defendant for further court proceedings and protect the

2 integrity of the judicial proceedings from a specific threat

3 to a witness or participant. Conditions of release may

4 include, but not be limited to, electronic home monitoring,

5 curfews, drug counseling, stay-away orders, and in-person

6 reporting. The court shall consider the defendant's

7 socio-economic circumstance when setting conditions of release

8 or imposing monetary bail.

9 (b) The amount of bail shall be:

10 (1) Sufficient to assure compliance with the

11 conditions set forth in the bail bond, which shall include

12 the defendant's current address with a written

13 admonishment to the defendant that he or she must comply

14 with the provisions of Section 110-12 regarding any change

15 in his or her address. The defendant's address shall at

16 all times remain a matter of public record with the clerk

17 of the court.

18 (2) Not oppressive.

19 (3) Considerate of the financial ability of the

20 accused.

21 (4) When a person is charged with a drug related

22 offense involving possession or delivery of cannabis or

23 possession or delivery of a controlled substance as

24 defined in the Cannabis Control Act, the Illinois

25 Controlled Substances Act, or the Methamphetamine Control

26 and Community Protection Act, the full street value of the

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1 drugs seized shall be considered. "Street value" shall be

2 determined by the court on the basis of a proffer by the

3 State based upon reliable information of a law enforcement

4 official contained in a written report as to the amount

5 seized and such proffer may be used by the court as to the

6 current street value of the smallest unit of the drug

7 seized.

8 (b-5) Upon the filing of a written request demonstrating

9 reasonable cause, the State's Attorney may request a source of

10 bail hearing either before or after the posting of any funds.

11 If the hearing is granted, before the posting of any bail, the

12 accused must file a written notice requesting that the court

13 conduct a source of bail hearing. The notice must be

14 accompanied by justifying affidavits stating the legitimate

15 and lawful source of funds for bail. At the hearing, the court

16 shall inquire into any matters stated in any justifying

17 affidavits, and may also inquire into matters appropriate to

18 the determination which shall include, but are not limited to,

19 the following:

20 (1) the background, character, reputation, and

21 relationship to the accused of any surety; and

22 (2) the source of any money or property deposited by

23 any surety, and whether any such money or property

24 constitutes the fruits of criminal or unlawful conduct;

25 and

26 (3) the source of any money posted as cash bail, and

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1 whether any such money constitutes the fruits of criminal

2 or unlawful conduct; and

3 (4) the background, character, reputation, and

4 relationship to the accused of the person posting cash

5 bail.

6 Upon setting the hearing, the court shall examine, under

7 oath, any persons who may possess material information.

8 The State's Attorney has a right to attend the hearing, to

9 call witnesses and to examine any witness in the proceeding.

10 The court shall, upon request of the State's Attorney,

11 continue the proceedings for a reasonable period to allow the

12 State's Attorney to investigate the matter raised in any

13 testimony or affidavit. If the hearing is granted after the

14 accused has posted bail, the court shall conduct a hearing

15 consistent with this subsection (b-5). At the conclusion of

16 the hearing, the court must issue an order either approving or

17 ~~of~~disapproving the bail.

18 (c) When a person is charged with an offense punishable by

19 fine only the amount of the bail shall not exceed double the

20 amount of the maximum penalty.

21 (d) When a person has been convicted of an offense and only

22 a fine has been imposed the amount of the bail shall not exceed

23 double the amount of the fine.

24 (e) The State may appeal any order granting bail or

25 setting a given amount for bail.

26 (f) When a person is charged with a violation of an order

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1 of protection under Section 12-3.4 or 12-30 of the Criminal

2 Code of 1961 or the Criminal Code of 2012 or when a person is

3 charged with domestic battery, aggravated domestic battery,

4 kidnapping, aggravated kidnaping, unlawful restraint,

5 aggravated unlawful restraint, stalking, aggravated stalking,

6 cyberstalking, harassment by telephone, harassment through

7 electronic communications, or an attempt to commit first

8 degree murder committed against an intimate partner regardless

9 whether an order of protection has been issued against the

10 person,

11 (1) whether the alleged incident involved harassment

12 or abuse, as defined in the Illinois Domestic Violence Act

13 of 1986;

14 (2) whether the person has a history of domestic

15 violence, as defined in the Illinois Domestic Violence

16 Act, or a history of other criminal acts;

17 (3) based on the mental health of the person;

18 (4) whether the person has a history of violating the

19 orders of any court or governmental entity;

20 (5) whether the person has been, or is, potentially a

21 threat to any other person;

22 (6) whether the person has access to deadly weapons or

23 a history of using deadly weapons;

24 (7) whether the person has a history of abusing

25 alcohol or any controlled substance;

26 (8) based on the severity of the alleged incident that

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1 is the basis of the alleged offense, including, but not

2 limited to, the duration of the current incident, and

3 whether the alleged incident involved the use of a weapon,

4 physical injury, sexual assault, strangulation, abuse

5 during the alleged victim's pregnancy, abuse of pets, or

6 forcible entry to gain access to the alleged victim;

7 (9) whether a separation of the person from the

8 alleged victim or a termination of the relationship

9 between the person and the alleged victim has recently

10 occurred or is pending;

11 (10) whether the person has exhibited obsessive or

12 controlling behaviors toward the alleged victim,

13 including, but not limited to, stalking, surveillance, or

14 isolation of the alleged victim or victim's family member

15 or members;

16 (11) whether the person has expressed suicidal or

17 homicidal ideations;

18 (12) based on any information contained in the

19 complaint and any police reports, affidavits, or other

20 documents accompanying the complaint,

21 the court may, in its discretion, order the respondent to

22 undergo a risk assessment evaluation using a recognized,

23 evidence-based instrument conducted by an Illinois Department

24 of Human Services approved partner abuse intervention program

25 provider, pretrial service, probation, or parole agency. These

26 agencies shall have access to summaries of the defendant's

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1 criminal history, which shall not include victim interviews or

2 information, for the risk evaluation. Based on the information

3 collected from the 12 points to be considered at a bail hearing

4 under this subsection (f), the results of any risk evaluation

5 conducted and the other circumstances of the violation, the

6 court may order that the person, as a condition of bail, be

7 placed under electronic surveillance as provided in Section

8 5-8A-7 of the Unified Code of Corrections. Upon making a

9 determination whether or not to order the respondent to

10 undergo a risk assessment evaluation or to be placed under

11 electronic surveillance and risk assessment, the court shall

12 document in the record the court's reasons for making those

13 determinations. The cost of the electronic surveillance and

14 risk assessment shall be paid by, or on behalf, of the

15 defendant. As used in this subsection (f), "intimate partner"

16 means a spouse or a current or former partner in a cohabitation

17 or dating relationship.

18 (Source: P.A. 99-143, eff. 7-27-15; 100-1, eff. 1-1-18;

19 revised 7-12-19.)

20 (Text of Section after amendment by P.A. 101-652)

21 Sec. 110-5. Determining the amount of bail and conditions

22 of release.

23 (a) In determining which or conditions of pretrial

24 release, if any, which will reasonably assure the appearance

25 of a defendant as required or the safety of any other person or

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1 the community and the likelihood of compliance by the

2 defendant with all the conditions of pretrial release, the

3 court shall, on the basis of available information, take into

4 account such matters as:

5 (1) the nature and circumstances of the offense

6 charged;

7 (2) the weight of the evidence against the eligible

8 defendant, except that the court may consider the

9 admissibility of any evidence sought to be excluded;

10 (3) the history and characteristics of the eligible

11 defendant, including:

12 (A) the eligible defendant's character, physical

13 and mental condition, family ties, employment,

14 financial resources, length of residence in the

15 community, community ties, past relating to drug or

16 alcohol abuse, conduct, history criminal history, and

17 record concerning appearance at court proceedings; and

18 (B) whether, at the time of the current offense or

19 arrest, the eligible defendant was on probation,

20 parole, or on other release pending trial, sentencing,

21 appeal, or completion of sentence for an offense under

22 federal law, or the law of this or any other state;

23 (4) the nature and seriousness of the specific, real

24 and present threat to any person that would be posed by the

25 eligible defendant's release, if applicable; as required

26 under paragraph (7.5) of Section 4 of the Rights of Crime

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1 Victims and Witnesses Act; and

2 (5) the nature and seriousness of the risk of

3 obstructing or attempting to obstruct the criminal justice

4 process that would be posed by the eligible defendant's

5 release, if applicable.

6 (b) The court shall impose any conditions that are

7 mandatory under Section 110-10. The court may impose any

8 conditions that are permissible under Section 110-10.

9 (b-5) ~~(b)~~ When a person is charged with a violation of an

10 order of protection under Section 12-3.4 or 12-30 of the

11 Criminal Code of 1961 or the Criminal Code of 2012 or when a

12 person is charged with domestic battery, aggravated domestic

13 battery, kidnapping, aggravated kidnaping, unlawful restraint,

14 aggravated unlawful restraint, stalking, aggravated stalking,

15 cyberstalking, harassment by telephone, harassment through

16 electronic communications, or an attempt to commit first

17 degree murder committed against an intimate partner regardless

18 whether an order of protection has been issued against the

19 person,

20 (1) whether the alleged incident involved harassment

21 or abuse, as defined in the Illinois Domestic Violence Act

22 of 1986;

23 (2) whether the person has a history of domestic

24 violence, as defined in the Illinois Domestic Violence

25 Act, or a history of other criminal acts;

26 (3) based on the mental health of the person;

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1 (4) whether the person has a history of violating the

2 orders of any court or governmental entity;

3 (5) whether the person has been, or is, potentially a

4 threat to any other person;

5 (6) whether the person has access to deadly weapons or

6 a history of using deadly weapons;

7 (7) whether the person has a history of abusing

8 alcohol or any controlled substance;

9 (8) based on the severity of the alleged incident that

10 is the basis of the alleged offense, including, but not

11 limited to, the duration of the current incident, and

12 whether the alleged incident involved the use of a weapon,

13 physical injury, sexual assault, strangulation, abuse

14 during the alleged victim's pregnancy, abuse of pets, or

15 forcible entry to gain access to the alleged victim;

16 (9) whether a separation of the person from the victim

17 of abuse or a termination of the relationship between the

18 person and the victim of abuse has recently occurred or is

19 pending;

20 (10) whether the person has exhibited obsessive or

21 controlling behaviors toward the victim of abuse,

22 including, but not limited to, stalking, surveillance, or

23 isolation of the victim of abuse or victim's family member

24 or members;

25 (11) whether the person has expressed suicidal or

26 homicidal ideations;

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1 (11.5) any other factors deemed by the court to have a

2 reasonable bearing upon the defendant's propensity or

3 reputation for violent, abusive or assaultive behavior, or

4 lack of that behavior

5 (c) In cases of stalking or aggravated stalking under

6 Section 12-7.3 or 12-7.4 of the Criminal Code of 2012, the

7 court may consider the following additional factors:

8 (1) Any evidence of the defendant's prior criminal

9 history indicative of violent, abusive or assaultive

10 behavior, or lack of that behavior. The evidence may

11 include testimony or documents received in juvenile

12 proceedings, criminal, quasi-criminal, civil commitment,

13 domestic relations or other proceedings;

14 (2) Any evidence of the defendant's psychological,

15 psychiatric or other similar social history that tends to

16 indicate a violent, abusive, or assaultive nature, or lack

17 of any such history.

18 (3) The nature of the threat which is the basis of the

19 charge against the defendant;

20 (4) Any statements made by, or attributed to the

21 defendant, together with the circumstances surrounding

22 them;

23 (5) The age and physical condition of any person

24 allegedly assaulted by the defendant;

25 (6) Whether the defendant is known to possess or have

26 access to any weapon or weapons;

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1 (7) Any other factors deemed by the court to have a

2 reasonable bearing upon the defendant's propensity or

3 reputation for violent, abusive or assaultive behavior, or

4 lack of that behavior.

5 (d) The Court may use a regularly validated risk

6 assessment tool to aid its ~~it~~ determination of appropriate

7 conditions of release as provided for in Section 110-6.4. Risk

8 assessment tools may not be used as the sole basis to deny

9 pretrial release. If a risk assessment tool is used, the

10 defendant's counsel shall be provided with the information and

11 scoring system of the risk assessment tool used to arrive at

12 the determination. The defendant retains the right to

13 challenge the validity of a risk assessment tool used by the

14 court and to present evidence relevant to the defendant's

15 challenge.

16 (e) If a person remains in pretrial detention after his or

17 her pretrial conditions hearing after having been ordered

18 released with pretrial conditions, the court shall hold a

19 hearing to determine the reason for continued detention. If

20 the reason for continued detention is due to the

21 unavailability or the defendant's ineligibility for one or

22 more pretrial conditions previously ordered by the court or

23 directed by a pretrial services agency, the court shall reopen

24 the conditions of release hearing to determine what available

25 pretrial conditions exist that will reasonably assure the

26 appearance of a defendant as required or the safety of any

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1 other person and the likelihood of compliance by the defendant

2 with all the conditions of pretrial release. The inability of

3 Defendant to pay for a condition of release or any other

4 ineligibility for a condition of pretrial release shall not be

5 used as a justification for the pretrial detention of that

6 Defendant.

7 (f) Prior to the defendant's first appearance, the Court

8 shall appoint the public defender or a licensed attorney at

9 law of this State to represent the Defendant for purposes of

10 that hearing, unless the defendant has obtained licensed

11 counsel for themselves.

12 (g) Electronic monitoring, GPS monitoring, or home

13 confinement can only be imposed condition of pretrial release

14 if a no less restrictive condition of release or combination

15 of less restrictive condition of release would reasonably

16 ensure the appearance of the defendant for later hearings or

17 protect an identifiable person or persons from imminent threat

18 of serious physical harm.

19 (h) If the court imposes electronic monitoring, GPS

20 monitoring, or home confinement the court shall set forth in

21 the record the basis for its finding. A defendant shall be

22 given custodial credit for each day he or she was subjected to

23 that program, at the same rate described in subsection (b) of

24 Section 5-4.5-100 of the unified code of correction.

25 (i) If electronic monitoring, GPS monitoring, or home

26 confinement is imposed, the court shall determine every 60

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1 days if no less restrictive condition of release or

2 combination of less restrictive conditions of release would

3 reasonably ensure the appearance, or continued appearance, of

4 the defendant for later hearings or protect an identifiable

5 person or persons from imminent threat of serious physical

6 harm. If the court finds that there are less restrictive

7 conditions of release, the court shall order that the

8 condition be removed. This subsection takes effect January 1,

9 2022.

10 (j) Crime Victims shall be given notice by the State's

11 Attorney's office of this hearing as required in paragraph (1)

12 of subsection (b) of Section 4.5 of the Rights of Crime Victims

13 and Witnesses Act and shall be informed of their opportunity

14 at this hearing to obtain an order of protection under Article

15 112A of this Code.

16 (Source: P.A. 100-1, eff. 1-1-18; 101-652, eff. 1-1-23.)

17 (725 ILCS 5/110-5.1 rep.)

18 (725 ILCS 5/110-6.3 rep.)

19 (725 ILCS 5/110-6.5 rep.)

20 (725 ILCS 5/110-7 rep.)

21 (725 ILCS 5/110-8 rep.)

22 (725 ILCS 5/110-9 rep.)

23 (725 ILCS 5/110-13 rep.)

24 (725 ILCS 5/110-14 rep.)

25 (725 ILCS 5/110-15 rep.)

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1 (725 ILCS 5/110-16 rep.)

2 (725 ILCS 5/110-17 rep.)

3 (725 ILCS 5/110-18 rep.)

4 Section 60. The Code of Criminal Procedure of 1963 is

5 amended by repealing Sections 110-5.1, 110-6.3, 110-6.5,

6 110-7, 110-8, 110-9, 110-13, 110-14, 110-15, 110-16, 110-17,

7 and 110-18. This Section takes effect January 1, 2023.

8 Section 65. The Unified Code of Corrections is amended by

9 changing Sections 3-6-3, 3-6-7.3, 5-8-1, and 5-8A-4 as

10 follows:

11 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)

12 (Text of Section before amendment by P.A. 101-652)

13 Sec. 3-6-3. Rules and regulations for sentence credit.

14 (a)(1) The Department of Corrections shall prescribe rules

15 and regulations for awarding and revoking sentence credit for

16 persons committed to the Department which shall be subject to

17 review by the Prisoner Review Board.

18 (1.5) As otherwise provided by law, sentence credit may be

19 awarded for the following:

20 (A) successful completion of programming while in

21 custody of the Department or while in custody prior to

22 sentencing;

23 (B) compliance with the rules and regulations of the

24 Department; or

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1 (C) service to the institution, service to a

2 community, or service to the State.

3 (2) Except as provided in paragraph (4.7) of this

4 subsection (a), the rules and regulations on sentence credit

5 shall provide, with respect to offenses listed in clause (i),

6 (ii), or (iii) of this paragraph (2) committed on or after June

7 19, 1998 or with respect to the offense listed in clause (iv)

8 of this paragraph (2) committed on or after June 23, 2005 (the

9 effective date of Public Act 94-71) or with respect to offense

10 listed in clause (vi) committed on or after June 1, 2008 (the

11 effective date of Public Act 95-625) or with respect to the

12 offense of being an armed habitual criminal committed on or

13 after August 2, 2005 (the effective date of Public Act 94-398)

14 or with respect to the offenses listed in clause (v) of this

15 paragraph (2) committed on or after August 13, 2007 (the

16 effective date of Public Act 95-134) or with respect to the

17 offense of aggravated domestic battery committed on or after

18 July 23, 2010 (the effective date of Public Act 96-1224) or

19 with respect to the offense of attempt to commit terrorism

20 committed on or after January 1, 2013 (the effective date of

21 Public Act 97-990), the following:

22 (i) that a prisoner who is serving a term of

23 imprisonment for first degree murder or for the offense of

24 terrorism shall receive no sentence credit and shall serve

25 the entire sentence imposed by the court;

26 (ii) that a prisoner serving a sentence for attempt to

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1 commit terrorism, attempt to commit first degree murder,

2 solicitation of murder, solicitation of murder for hire,

3 intentional homicide of an unborn child, predatory

4 criminal sexual assault of a child, aggravated criminal

5 sexual assault, criminal sexual assault, aggravated

6 kidnapping, aggravated battery with a firearm as described

7 in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),

8 or (e)(4) of Section 12-3.05, heinous battery as described

9 in Section 12-4.1 or subdivision (a)(2) of Section

10 12-3.05, being an armed habitual criminal, aggravated

11 battery of a senior citizen as described in Section 12-4.6

12 or subdivision (a)(4) of Section 12-3.05, or aggravated

13 battery of a child as described in Section 12-4.3 or

14 subdivision (b)(1) of Section 12-3.05 shall receive no

15 more than 4.5 days of sentence credit for each month of his

16 or her sentence of imprisonment;

17 (iii) that a prisoner serving a sentence for home

18 invasion, armed robbery, aggravated vehicular hijacking,

19 aggravated discharge of a firearm, or armed violence with

20 a category I weapon or category II weapon, when the court

21 has made and entered a finding, pursuant to subsection

22 (c-1) of Section 5-4-1 of this Code, that the conduct

23 leading to conviction for the enumerated offense resulted

24 in great bodily harm to a victim, shall receive no more

25 than 4.5 days of sentence credit for each month of his or

26 her sentence of imprisonment;

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1 (iv) that a prisoner serving a sentence for aggravated

2 discharge of a firearm, whether or not the conduct leading

3 to conviction for the offense resulted in great bodily

4 harm to the victim, shall receive no more than 4.5 days of

5 sentence credit for each month of his or her sentence of

6 imprisonment;

7 (v) that a person serving a sentence for gunrunning,

8 narcotics racketeering, controlled substance trafficking,

9 methamphetamine trafficking, drug-induced homicide,

10 aggravated methamphetamine-related child endangerment,

11 money laundering pursuant to clause (c) (4) or (5) of

12 Section 29B-1 of the Criminal Code of 1961 or the Criminal

13 Code of 2012, or a Class X felony conviction for delivery

14 of a controlled substance, possession of a controlled

15 substance with intent to manufacture or deliver,

16 calculated criminal drug conspiracy, criminal drug

17 conspiracy, street gang criminal drug conspiracy,

18 participation in methamphetamine manufacturing,

19 aggravated participation in methamphetamine

20 manufacturing, delivery of methamphetamine, possession

21 with intent to deliver methamphetamine, aggravated

22 delivery of methamphetamine, aggravated possession with

23 intent to deliver methamphetamine, methamphetamine

24 conspiracy when the substance containing the controlled

25 substance or methamphetamine is 100 grams or more shall

26 receive no more than 7.5 days sentence credit for each

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1 month of his or her sentence of imprisonment;

2 (vi) that a prisoner serving a sentence for a second

3 or subsequent offense of luring a minor shall receive no

4 more than 4.5 days of sentence credit for each month of his

5 or her sentence of imprisonment; and

6 (vii) that a prisoner serving a sentence for

7 aggravated domestic battery shall receive no more than 4.5

8 days of sentence credit for each month of his or her

9 sentence of imprisonment.

10 (2.1) For all offenses, other than those enumerated in

11 subdivision (a)(2)(i), (ii), or (iii) committed on or after

12 June 19, 1998 or subdivision (a)(2)(iv) committed on or after

13 June 23, 2005 (the effective date of Public Act 94-71) or

14 subdivision (a)(2)(v) committed on or after August 13, 2007

15 (the effective date of Public Act 95-134) or subdivision

16 (a)(2)(vi) committed on or after June 1, 2008 (the effective

17 date of Public Act 95-625) or subdivision (a)(2)(vii)

18 committed on or after July 23, 2010 (the effective date of

19 Public Act 96-1224), and other than the offense of aggravated

20 driving under the influence of alcohol, other drug or drugs,

21 or intoxicating compound or compounds, or any combination

22 thereof as defined in subparagraph (F) of paragraph (1) of

23 subsection (d) of Section 11-501 of the Illinois Vehicle Code,

24 and other than the offense of aggravated driving under the

25 influence of alcohol, other drug or drugs, or intoxicating

26 compound or compounds, or any combination thereof as defined

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1 in subparagraph (C) of paragraph (1) of subsection (d) of

2 Section 11-501 of the Illinois Vehicle Code committed on or

3 after January 1, 2011 (the effective date of Public Act

4 96-1230), the rules and regulations shall provide that a

5 prisoner who is serving a term of imprisonment shall receive

6 one day of sentence credit for each day of his or her sentence

7 of imprisonment or recommitment under Section 3-3-9. Each day

8 of sentence credit shall reduce by one day the prisoner's

9 period of imprisonment or recommitment under Section 3-3-9.

10 (2.2) A prisoner serving a term of natural life

11 imprisonment or a prisoner who has been sentenced to death

12 shall receive no sentence credit.

13 (2.3) Except as provided in paragraph (4.7) of this

14 subsection (a), the rules and regulations on sentence credit

15 shall provide that a prisoner who is serving a sentence for

16 aggravated driving under the influence of alcohol, other drug

17 or drugs, or intoxicating compound or compounds, or any

18 combination thereof as defined in subparagraph (F) of

19 paragraph (1) of subsection (d) of Section 11-501 of the

20 Illinois Vehicle Code, shall receive no more than 4.5 days of

21 sentence credit for each month of his or her sentence of

22 imprisonment.

23 (2.4) Except as provided in paragraph (4.7) of this

24 subsection (a), the rules and regulations on sentence credit

25 shall provide with respect to the offenses of aggravated

26 battery with a machine gun or a firearm equipped with any

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1 device or attachment designed or used for silencing the report

2 of a firearm or aggravated discharge of a machine gun or a

3 firearm equipped with any device or attachment designed or

4 used for silencing the report of a firearm, committed on or

5 after July 15, 1999 (the effective date of Public Act 91-121),

6 that a prisoner serving a sentence for any of these offenses

7 shall receive no more than 4.5 days of sentence credit for each

8 month of his or her sentence of imprisonment.

9 (2.5) Except as provided in paragraph (4.7) of this

10 subsection (a), the rules and regulations on sentence credit

11 shall provide that a prisoner who is serving a sentence for

12 aggravated arson committed on or after July 27, 2001 (the

13 effective date of Public Act 92-176) shall receive no more

14 than 4.5 days of sentence credit for each month of his or her

15 sentence of imprisonment.

16 (2.6) Except as provided in paragraph (4.7) of this

17 subsection (a), the rules and regulations on sentence credit

18 shall provide that a prisoner who is serving a sentence for

19 aggravated driving under the influence of alcohol, other drug

20 or drugs, or intoxicating compound or compounds or any

21 combination thereof as defined in subparagraph (C) of

22 paragraph (1) of subsection (d) of Section 11-501 of the

23 Illinois Vehicle Code committed on or after January 1, 2011

24 (the effective date of Public Act 96-1230) shall receive no

25 more than 4.5 days of sentence credit for each month of his or

26 her sentence of imprisonment.

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1 (3) In addition to the sentence credits earned under

2 paragraphs (2.1), (4), (4.1), and (4.7) of this subsection

3 (a), the rules and regulations shall also provide that the

4 Director may award up to 180 days of earned sentence credit for

5 good conduct in specific instances as the Director deems

6 proper. The good conduct may include, but is not limited to,

7 compliance with the rules and regulations of the Department,

8 service to the Department, service to a community, or service

9 to the State.

10 Eligible inmates for an award of earned sentence credit

11 under this paragraph (3) may be selected to receive the credit

12 at the Director's or his or her designee's sole discretion.

13 Eligibility for the additional earned sentence credit under

14 this paragraph (3) shall be based on, but is not limited to,

15 the results of any available risk/needs assessment or other

16 relevant assessments or evaluations administered by the

17 Department using a validated instrument, the circumstances of

18 the crime, any history of conviction for a forcible felony

19 enumerated in Section 2-8 of the Criminal Code of 2012, the

20 inmate's behavior and disciplinary history while incarcerated,

21 and the inmate's commitment to rehabilitation, including

22 participation in programming offered by the Department.

23 The Director shall not award sentence credit under this

24 paragraph (3) to an inmate unless the inmate has served a

25 minimum of 60 days of the sentence; except nothing in this

26 paragraph shall be construed to permit the Director to extend

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1 an inmate's sentence beyond that which was imposed by the

2 court. Prior to awarding credit under this paragraph (3), the

3 Director shall make a written determination that the inmate:

4 (A) is eligible for the earned sentence credit;

5 (B) has served a minimum of 60 days, or as close to 60

6 days as the sentence will allow;

7 (B-1) has received a risk/needs assessment or other

8 relevant evaluation or assessment administered by the

9 Department using a validated instrument; and

10 (C) has met the eligibility criteria established by

11 rule for earned sentence credit.

12 The Director shall determine the form and content of the

13 written determination required in this subsection.

14 (3.5) The Department shall provide annual written reports

15 to the Governor and the General Assembly on the award of earned

16 sentence credit no later than February 1 of each year. The

17 Department must publish both reports on its website within 48

18 hours of transmitting the reports to the Governor and the

19 General Assembly. The reports must include:

20 (A) the number of inmates awarded earned sentence

21 credit;

22 (B) the average amount of earned sentence credit

23 awarded;

24 (C) the holding offenses of inmates awarded earned

25 sentence credit; and

26 (D) the number of earned sentence credit revocations.

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1 (4)(A) Except as provided in paragraph (4.7) of this

2 subsection (a), the rules and regulations shall also provide

3 that any prisoner who is engaged full-time in substance abuse

4 programs, correctional industry assignments, educational

5 programs, pregnancy or parenting education programs,

6 work-release programs or activities in accordance with Section

7 3-13-1, ~~the sentence credit accumulated and retained under~~

8 ~~paragraph (2.1) of subsection (a) of this Section by any~~

9 ~~inmate during specific periods of time in which such inmate is~~

10 ~~engaged full-time in substance abuse programs, correctional~~

11 ~~industry assignments, educational programs,~~ behavior

12 modification programs, life skills courses, or re-entry

13 planning provided by the Department under this paragraph (4)

14 and satisfactorily completes the assigned program as

15 determined by the standards of the Department, shall be

16 multiplied by a factor of 1.25 for program participation

17 before August 11, 1993 and 1.50 for program participation on

18 or after that date. The rules and regulations shall also

19 provide that sentence credit, subject to the same offense

20 limits and multiplier provided in this paragraph, may be

21 provided to an inmate who was held in pre-trial detention

22 prior to his or her current commitment to the Department of

23 Corrections and successfully completed a full-time, 60-day or

24 longer substance abuse program, educational program, behavior

25 modification program, life skills course, or re-entry planning

26 provided by the county department of corrections or county

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1 jail. Calculation of this county program credit shall be done

2 at sentencing as provided in Section 5-4.5-100 of this Code

3 and shall be included in the sentencing order. However, no

4 inmate shall be eligible for the additional sentence credit

5 under this paragraph (4) or (4.1) of this subsection (a) while

6 assigned to a boot camp or electronic detention.

7 (B) The Department shall award sentence credit under this

8 paragraph (4) accumulated prior to January 1, 2020 (the

9 effective date of Public Act 101-440) ~~this amendatory Act of~~

10 ~~the 101st General Assembly~~ in an amount specified in

11 subparagraph (C) of this paragraph (4) to an inmate serving a

12 sentence for an offense committed prior to June 19, 1998, if

13 the Department determines that the inmate is entitled to this

14 sentence credit, based upon:

15 (i) documentation provided by the Department that the

16 inmate engaged in any full-time substance abuse programs,

17 correctional industry assignments, educational programs,

18 behavior modification programs, life skills courses, or

19 re-entry planning provided by the Department under this

20 paragraph (4) and satisfactorily completed the assigned

21 program as determined by the standards of the Department

22 during the inmate's current term of incarceration; or

23 (ii) the inmate's own testimony in the form of an

24 affidavit or documentation, or a third party's

25 documentation or testimony in the form of an affidavit

26 that the inmate likely engaged in any full-time substance

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1 abuse programs, correctional industry assignments,

2 educational programs, behavior modification programs, life

3 skills courses, or re-entry planning provided by the

4 Department under paragraph (4) and satisfactorily

5 completed the assigned program as determined by the

6 standards of the Department during the inmate's current

7 term of incarceration.

8 (C) If the inmate can provide documentation that he or she

9 is entitled to sentence credit under subparagraph (B) in

10 excess of 45 days of participation in those programs, the

11 inmate shall receive 90 days of sentence credit. If the inmate

12 cannot provide documentation of more than 45 days of

13 participation in those programs, the inmate shall receive 45

14 days of sentence credit. In the event of a disagreement

15 between the Department and the inmate as to the amount of

16 credit accumulated under subparagraph (B), if the Department

17 provides documented proof of a lesser amount of days of

18 participation in those programs, that proof shall control. If

19 the Department provides no documentary proof, the inmate's

20 proof as set forth in clause (ii) of subparagraph (B) shall

21 control as to the amount of sentence credit provided.

22 (D) If the inmate has been convicted of a sex offense as

23 defined in Section 2 of the Sex Offender Registration Act,

24 sentencing credits under subparagraph (B) of this paragraph

25 (4) shall be awarded by the Department only if the conditions

26 set forth in paragraph (4.6) of subsection (a) are satisfied.

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1 No inmate serving a term of natural life imprisonment shall

2 receive sentence credit under subparagraph (B) of this

3 paragraph (4).

4 Educational, vocational, substance abuse, behavior

5 modification programs, life skills courses, re-entry planning,

6 and correctional industry programs under which sentence credit

7 may be increased under this paragraph (4) and paragraph (4.1)

8 of this subsection (a) shall be evaluated by the Department on

9 the basis of documented standards. The Department shall report

10 the results of these evaluations to the Governor and the

11 General Assembly by September 30th of each year. The reports

12 shall include data relating to the recidivism rate among

13 program participants.

14 Availability of these programs shall be subject to the

15 limits of fiscal resources appropriated by the General

16 Assembly for these purposes. Eligible inmates who are denied

17 immediate admission shall be placed on a waiting list under

18 criteria established by the Department. The inability of any

19 inmate to become engaged in any such programs by reason of

20 insufficient program resources or for any other reason

21 established under the rules and regulations of the Department

22 shall not be deemed a cause of action under which the

23 Department or any employee or agent of the Department shall be

24 liable for damages to the inmate.

25 (4.1) Except as provided in paragraph (4.7) of this

26 subsection (a), the rules and regulations shall also provide

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1 that an additional 90 days of sentence credit shall be awarded

2 to any prisoner who passes high school equivalency testing

3 while the prisoner is committed to the Department of

4 Corrections. The sentence credit awarded under this paragraph

5 (4.1) shall be in addition to, and shall not affect, the award

6 of sentence credit under any other paragraph of this Section,

7 but shall also be pursuant to the guidelines and restrictions

8 set forth in paragraph (4) of subsection (a) of this Section.

9 The sentence credit provided for in this paragraph shall be

10 available only to those prisoners who have not previously

11 earned a high school diploma or a high school equivalency

12 certificate. If, after an award of the high school equivalency

13 testing sentence credit has been made, the Department

14 determines that the prisoner was not eligible, then the award

15 shall be revoked. The Department may also award 90 days of

16 sentence credit to any committed person who passed high school

17 equivalency testing while he or she was held in pre-trial

18 detention prior to the current commitment to the Department of

19 Corrections.

20 Except as provided in paragraph (4.7) of this subsection

21 (a), the rules and regulations shall provide that an

22 additional 180 days of sentence credit shall be awarded to any

23 prisoner who obtains a bachelor's degree while the prisoner is

24 committed to the Department of Corrections. The sentence

25 credit awarded under this paragraph (4.1) shall be in addition

26 to, and shall not affect, the award of sentence credit under

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1 any other paragraph of this Section, but shall also be under

2 the guidelines and restrictions set forth in paragraph (4) of

3 this subsection (a). The sentence credit provided for in this

4 paragraph shall be available only to those prisoners who have

5 not earned a bachelor's degree prior to the current commitment

6 to the Department of Corrections. If, after an award of the

7 bachelor's degree sentence credit has been made, the

8 Department determines that the prisoner was not eligible, then

9 the award shall be revoked. The Department may also award 180

10 days of sentence credit to any committed person who earned a

11 bachelor's degree while he or she was held in pre-trial

12 detention prior to the current commitment to the Department of

13 Corrections.

14 Except as provided in paragraph (4.7) of this subsection

15 (a), the rules and regulations shall provide that an

16 additional 180 days of sentence credit shall be awarded to any

17 prisoner who obtains a master's or professional degree while

18 the prisoner is committed to the Department of Corrections.

19 The sentence credit awarded under this paragraph (4.1) shall

20 be in addition to, and shall not affect, the award of sentence

21 credit under any other paragraph of this Section, but shall

22 also be under the guidelines and restrictions set forth in

23 paragraph (4) of this subsection (a). The sentence credit

24 provided for in this paragraph shall be available only to

25 those prisoners who have not previously earned a master's or

26 professional degree prior to the current commitment to the

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1 Department of Corrections. If, after an award of the master's

2 or professional degree sentence credit has been made, the

3 Department determines that the prisoner was not eligible, then

4 the award shall be revoked. The Department may also award 180

5 days of sentence credit to any committed person who earned a

6 master's or professional degree while he or she was held in

7 pre-trial detention prior to the current commitment to the

8 Department of Corrections.

9 (4.5) The rules and regulations on sentence credit shall

10 also provide that when the court's sentencing order recommends

11 a prisoner for substance abuse treatment and the crime was

12 committed on or after September 1, 2003 (the effective date of

13 Public Act 93-354), the prisoner shall receive no sentence

14 credit awarded under clause (3) of this subsection (a) unless

15 he or she participates in and completes a substance abuse

16 treatment program. The Director may waive the requirement to

17 participate in or complete a substance abuse treatment program

18 in specific instances if the prisoner is not a good candidate

19 for a substance abuse treatment program for medical,

20 programming, or operational reasons. Availability of substance

21 abuse treatment shall be subject to the limits of fiscal

22 resources appropriated by the General Assembly for these

23 purposes. If treatment is not available and the requirement to

24 participate and complete the treatment has not been waived by

25 the Director, the prisoner shall be placed on a waiting list

26 under criteria established by the Department. The Director may

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1 allow a prisoner placed on a waiting list to participate in and

2 complete a substance abuse education class or attend substance

3 abuse self-help meetings in lieu of a substance abuse

4 treatment program. A prisoner on a waiting list who is not

5 placed in a substance abuse program prior to release may be

6 eligible for a waiver and receive sentence credit under clause

7 (3) of this subsection (a) at the discretion of the Director.

8 (4.6) The rules and regulations on sentence credit shall

9 also provide that a prisoner who has been convicted of a sex

10 offense as defined in Section 2 of the Sex Offender

11 Registration Act shall receive no sentence credit unless he or

12 she either has successfully completed or is participating in

13 sex offender treatment as defined by the Sex Offender

14 Management Board. However, prisoners who are waiting to

15 receive treatment, but who are unable to do so due solely to

16 the lack of resources on the part of the Department, may, at

17 the Director's sole discretion, be awarded sentence credit at

18 a rate as the Director shall determine.

19 (4.7) On or after January 1, 2018 (the effective date of

20 Public Act 100-3) ~~this amendatory Act of the 100th General~~

21 ~~Assembly~~, sentence credit under paragraph (3), (4), or (4.1)

22 of this subsection (a) may be awarded to a prisoner who is

23 serving a sentence for an offense described in paragraph (2),

24 (2.3), (2.4), (2.5), or (2.6) for credit earned on or after

25 January 1, 2018 (the effective date of Public Act 100-3) ~~this~~

26 ~~amendatory Act of the 100th General Assembly~~; provided, the

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1 award of the credits under this paragraph (4.7) shall not

2 reduce the sentence of the prisoner to less than the following

3 amounts:

4 (i) 85% of his or her sentence if the prisoner is

5 required to serve 85% of his or her sentence; or

6 (ii) 60% of his or her sentence if the prisoner is

7 required to serve 75% of his or her sentence, except if the

8 prisoner is serving a sentence for gunrunning his or her

9 sentence shall not be reduced to less than 75%.

10 (iii) 100% of his or her sentence if the prisoner is

11 required to serve 100% of his or her sentence.

12 (5) Whenever the Department is to release any inmate

13 earlier than it otherwise would because of a grant of earned

14 sentence credit under paragraph (3) of subsection (a) of this

15 Section given at any time during the term, the Department

16 shall give reasonable notice of the impending release not less

17 than 14 days prior to the date of the release to the State's

18 Attorney of the county where the prosecution of the inmate

19 took place, and if applicable, the State's Attorney of the

20 county into which the inmate will be released. The Department

21 must also make identification information and a recent photo

22 of the inmate being released accessible on the Internet by

23 means of a hyperlink labeled "Community Notification of Inmate

24 Early Release" on the Department's World Wide Web homepage.

25 The identification information shall include the inmate's:

26 name, any known alias, date of birth, physical

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1 characteristics, commitment offense, and county where

2 conviction was imposed. The identification information shall

3 be placed on the website within 3 days of the inmate's release

4 and the information may not be removed until either:

5 completion of the first year of mandatory supervised release

6 or return of the inmate to custody of the Department.

7 (b) Whenever a person is or has been committed under

8 several convictions, with separate sentences, the sentences

9 shall be construed under Section 5-8-4 in granting and

10 forfeiting of sentence credit.

11 (c) The Department shall prescribe rules and regulations

12 for revoking sentence credit, including revoking sentence

13 credit awarded under paragraph (3) of subsection (a) of this

14 Section. The Department shall prescribe rules and regulations

15 for suspending or reducing the rate of accumulation of

16 sentence credit for specific rule violations, during

17 imprisonment. These rules and regulations shall provide that

18 no inmate may be penalized more than one year of sentence

19 credit for any one infraction.

20 When the Department seeks to revoke, suspend,or reduce

21 the rate of accumulation of any sentence credits for an

22 alleged infraction of its rules, it shall bring charges

23 therefor against the prisoner sought to be so deprived of

24 sentence credits before the Prisoner Review Board as provided

25 in subparagraph (a)(4) of Section 3-3-2 of this Code, if the

26 amount of credit at issue exceeds 30 days or when, during any

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1 12-month ~~12 month~~period, the cumulative amount of credit

2 revoked exceeds 30 days except where the infraction is

3 committed or discovered within 60 days of scheduled release.

4 In those cases, the Department of Corrections may revoke up to

5 30 days of sentence credit. The Board may subsequently approve

6 the revocation of additional sentence credit, if the

7 Department seeks to revoke sentence credit in excess of 30

8 days. However, the Board shall not be empowered to review the

9 Department's decision with respect to the loss of 30 days of

10 sentence credit within any calendar year for any prisoner or

11 to increase any penalty beyond the length requested by the

12 Department.

13 The Director of the Department of Corrections, in

14 appropriate cases, may restore up to 30 days of sentence

15 credits which have been revoked, suspended,or reduced. Any

16 restoration of sentence credits in excess of 30 days shall be

17 subject to review by the Prisoner Review Board. However, the

18 Board may not restore sentence credit in excess of the amount

19 requested by the Director.

20 Nothing contained in this Section shall prohibit the

21 Prisoner Review Board from ordering, pursuant to Section

22 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the

23 sentence imposed by the court that was not served due to the

24 accumulation of sentence credit.

25 (d) If a lawsuit is filed by a prisoner in an Illinois or

26 federal court against the State, the Department of

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1 Corrections, or the Prisoner Review Board, or against any of

2 their officers or employees, and the court makes a specific

3 finding that a pleading, motion, or other paper filed by the

4 prisoner is frivolous, the Department of Corrections shall

5 conduct a hearing to revoke up to 180 days of sentence credit

6 by bringing charges against the prisoner sought to be deprived

7 of the sentence credits before the Prisoner Review Board as

8 provided in subparagraph (a)(8) of Section 3-3-2 of this Code.

9 If the prisoner has not accumulated 180 days of sentence

10 credit at the time of the finding, then the Prisoner Review

11 Board may revoke all sentence credit accumulated by the

12 prisoner.

13 For purposes of this subsection (d):

14 (1) "Frivolous" means that a pleading, motion, or

15 other filing which purports to be a legal document filed

16 by a prisoner in his or her lawsuit meets any or all of the

17 following criteria:

18 (A) it lacks an arguable basis either in law or in

19 fact;

20 (B) it is being presented for any improper

21 purpose, such as to harass or to cause unnecessary

22 delay or needless increase in the cost of litigation;

23 (C) the claims, defenses, and other legal

24 contentions therein are not warranted by existing law

25 or by a nonfrivolous argument for the extension,

26 modification, or reversal of existing law or the

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1 establishment of new law;

2 (D) the allegations and other factual contentions

3 do not have evidentiary support or, if specifically so

4 identified, are not likely to have evidentiary support

5 after a reasonable opportunity for further

6 investigation or discovery; or

7 (E) the denials of factual contentions are not

8 warranted on the evidence, or if specifically so

9 identified, are not reasonably based on a lack of

10 information or belief.

11 (2) "Lawsuit" means a motion pursuant to Section 116-3

12 of the Code of Criminal Procedure of 1963, a habeas corpus

13 action under Article X of the Code of Civil Procedure or

14 under federal law (28 U.S.C. 2254), a petition for claim

15 under the Court of Claims Act, an action under the federal

16 Civil Rights Act (42 U.S.C. 1983), or a second or

17 subsequent petition for post-conviction relief under

18 Article 122 of the Code of Criminal Procedure of 1963

19 whether filed with or without leave of court or a second or

20 subsequent petition for relief from judgment under Section

21 2-1401 of the Code of Civil Procedure.

22 (e) Nothing in Public Act 90-592 or 90-593 affects the

23 validity of Public Act 89-404.

24 (f) Whenever the Department is to release any inmate who

25 has been convicted of a violation of an order of protection

26 under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or

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1 the Criminal Code of 2012, earlier than it otherwise would

2 because of a grant of sentence credit, the Department, as a

3 condition of release, shall require that the person, upon

4 release, be placed under electronic surveillance as provided

5 in Section 5-8A-7 of this Code.

6 (Source: P.A. 100-3, eff. 1-1-18; 100-575, eff. 1-8-18;

7 101-440, eff. 1-1-20; revised 8-19-20.)

8 (Text of Section after amendment by P.A. 101-652)

9 Sec. 3-6-3. Rules and regulations for sentence credit.

10 (a)(1) The Department of Corrections shall prescribe rules

11 and regulations for awarding and revoking sentence credit for

12 persons committed to the Department which shall be subject to

13 review by the Prisoner Review Board.

14 (1.5) As otherwise provided by law, sentence credit may be

15 awarded for the following:

16 (A) successful completion of programming while in

17 custody of the Department or while in custody prior to

18 sentencing;

19 (B) compliance with the rules and regulations of the

20 Department; or

21 (C) service to the institution, service to a

22 community, or service to the State.

23 (2) Except as provided in paragraph (4.7) of this

24 subsection (a), the rules and regulations on sentence credit

25 shall provide, with respect to offenses listed in clause (i),

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1 (ii), or (iii) of this paragraph (2) committed on or after June

2 19, 1998 or with respect to the offense listed in clause (iv)

3 of this paragraph (2) committed on or after June 23, 2005 (the

4 effective date of Public Act 94-71) or with respect to offense

5 listed in clause (vi) committed on or after June 1, 2008 (the

6 effective date of Public Act 95-625) or with respect to the

7 offense of being an armed habitual criminal committed on or

8 after August 2, 2005 (the effective date of Public Act 94-398)

9 or with respect to the offenses listed in clause (v) of this

10 paragraph (2) committed on or after August 13, 2007 (the

11 effective date of Public Act 95-134) or with respect to the

12 offense of aggravated domestic battery committed on or after

13 July 23, 2010 (the effective date of Public Act 96-1224) or

14 with respect to the offense of attempt to commit terrorism

15 committed on or after January 1, 2013 (the effective date of

16 Public Act 97-990), the following:

17 (i) that a prisoner who is serving a term of

18 imprisonment for first degree murder or for the offense of

19 terrorism shall receive no sentence credit and shall serve

20 the entire sentence imposed by the court;

21 (ii) that a prisoner serving a sentence for attempt to

22 commit terrorism, attempt to commit first degree murder,

23 solicitation of murder, solicitation of murder for hire,

24 intentional homicide of an unborn child, predatory

25 criminal sexual assault of a child, aggravated criminal

26 sexual assault, criminal sexual assault, aggravated

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1 kidnapping, aggravated battery with a firearm as described

2 in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),

3 or (e)(4) of Section 12-3.05, heinous battery as described

4 in Section 12-4.1 or subdivision (a)(2) of Section

5 12-3.05, being an armed habitual criminal, aggravated

6 battery of a senior citizen as described in Section 12-4.6

7 or subdivision (a)(4) of Section 12-3.05, or aggravated

8 battery of a child as described in Section 12-4.3 or

9 subdivision (b)(1) of Section 12-3.05 shall receive no

10 more than 4.5 days of sentence credit for each month of his

11 or her sentence of imprisonment;

12 (iii) that a prisoner serving a sentence for home

13 invasion, armed robbery, aggravated vehicular hijacking,

14 aggravated discharge of a firearm, or armed violence with

15 a category I weapon or category II weapon, when the court

16 has made and entered a finding, pursuant to subsection

17 (c-1) of Section 5-4-1 of this Code, that the conduct

18 leading to conviction for the enumerated offense resulted

19 in great bodily harm to a victim, shall receive no more

20 than 4.5 days of sentence credit for each month of his or

21 her sentence of imprisonment;

22 (iv) that a prisoner serving a sentence for aggravated

23 discharge of a firearm, whether or not the conduct leading

24 to conviction for the offense resulted in great bodily

25 harm to the victim, shall receive no more than 4.5 days of

26 sentence credit for each month of his or her sentence of

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1 imprisonment;

2 (v) that a person serving a sentence for gunrunning,

3 narcotics racketeering, controlled substance trafficking,

4 methamphetamine trafficking, drug-induced homicide,

5 aggravated methamphetamine-related child endangerment,

6 money laundering pursuant to clause (c) (4) or (5) of

7 Section 29B-1 of the Criminal Code of 1961 or the Criminal

8 Code of 2012, or a Class X felony conviction for delivery

9 of a controlled substance, possession of a controlled

10 substance with intent to manufacture or deliver,

11 calculated criminal drug conspiracy, criminal drug

12 conspiracy, street gang criminal drug conspiracy,

13 participation in methamphetamine manufacturing,

14 aggravated participation in methamphetamine

15 manufacturing, delivery of methamphetamine, possession

16 with intent to deliver methamphetamine, aggravated

17 delivery of methamphetamine, aggravated possession with

18 intent to deliver methamphetamine, methamphetamine

19 conspiracy when the substance containing the controlled

20 substance or methamphetamine is 100 grams or more shall

21 receive no more than 7.5 days sentence credit for each

22 month of his or her sentence of imprisonment;

23 (vi) that a prisoner serving a sentence for a second

24 or subsequent offense of luring a minor shall receive no

25 more than 4.5 days of sentence credit for each month of his

26 or her sentence of imprisonment; and

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1 (vii) that a prisoner serving a sentence for

2 aggravated domestic battery shall receive no more than 4.5

3 days of sentence credit for each month of his or her

4 sentence of imprisonment.

5 (2.1) For all offenses, other than those enumerated in

6 subdivision (a)(2)(i), (ii), or (iii) committed on or after

7 June 19, 1998 or subdivision (a)(2)(iv) committed on or after

8 June 23, 2005 (the effective date of Public Act 94-71) or

9 subdivision (a)(2)(v) committed on or after August 13, 2007

10 (the effective date of Public Act 95-134) or subdivision

11 (a)(2)(vi) committed on or after June 1, 2008 (the effective

12 date of Public Act 95-625) or subdivision (a)(2)(vii)

13 committed on or after July 23, 2010 (the effective date of

14 Public Act 96-1224), and other than the offense of aggravated

15 driving under the influence of alcohol, other drug or drugs,

16 or intoxicating compound or compounds, or any combination

17 thereof as defined in subparagraph (F) of paragraph (1) of

18 subsection (d) of Section 11-501 of the Illinois Vehicle Code,

19 and other than the offense of aggravated driving under the

20 influence of alcohol, other drug or drugs, or intoxicating

21 compound or compounds, or any combination thereof as defined

22 in subparagraph (C) of paragraph (1) of subsection (d) of

23 Section 11-501 of the Illinois Vehicle Code committed on or

24 after January 1, 2011 (the effective date of Public Act

25 96-1230), the rules and regulations shall provide that a

26 prisoner who is serving a term of imprisonment shall receive

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1 one day of sentence credit for each day of his or her sentence

2 of imprisonment or recommitment under Section 3-3-9. Each day

3 of sentence credit shall reduce by one day the prisoner's

4 period of imprisonment or recommitment under Section 3-3-9.

5 (2.2) A prisoner serving a term of natural life

6 imprisonment or a prisoner who has been sentenced to death

7 shall receive no sentence credit.

8 (2.3) Except as provided in paragraph (4.7) of this

9 subsection (a), the rules and regulations on sentence credit

10 shall provide that a prisoner who is serving a sentence for

11 aggravated driving under the influence of alcohol, other drug

12 or drugs, or intoxicating compound or compounds, or any

13 combination thereof as defined in subparagraph (F) of

14 paragraph (1) of subsection (d) of Section 11-501 of the

15 Illinois Vehicle Code, shall receive no more than 4.5 days of

16 sentence credit for each month of his or her sentence of

17 imprisonment.

18 (2.4) Except as provided in paragraph (4.7) of this

19 subsection (a), the rules and regulations on sentence credit

20 shall provide with respect to the offenses of aggravated

21 battery with a machine gun or a firearm equipped with any

22 device or attachment designed or used for silencing the report

23 of a firearm or aggravated discharge of a machine gun or a

24 firearm equipped with any device or attachment designed or

25 used for silencing the report of a firearm, committed on or

26 after July 15, 1999 (the effective date of Public Act 91-121),

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1 that a prisoner serving a sentence for any of these offenses

2 shall receive no more than 4.5 days of sentence credit for each

3 month of his or her sentence of imprisonment.

4 (2.5) Except as provided in paragraph (4.7) of this

5 subsection (a), the rules and regulations on sentence credit

6 shall provide that a prisoner who is serving a sentence for

7 aggravated arson committed on or after July 27, 2001 (the

8 effective date of Public Act 92-176) shall receive no more

9 than 4.5 days of sentence credit for each month of his or her

10 sentence of imprisonment.

11 (2.6) Except as provided in paragraph (4.7) of this

12 subsection (a), the rules and regulations on sentence credit

13 shall provide that a prisoner who is serving a sentence for

14 aggravated driving under the influence of alcohol, other drug

15 or drugs, or intoxicating compound or compounds or any

16 combination thereof as defined in subparagraph (C) of

17 paragraph (1) of subsection (d) of Section 11-501 of the

18 Illinois Vehicle Code committed on or after January 1, 2011

19 (the effective date of Public Act 96-1230) shall receive no

20 more than 4.5 days of sentence credit for each month of his or

21 her sentence of imprisonment.

22 (3) In addition to the sentence credits earned under

23 paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this

24 subsection (a), the rules and regulations shall also provide

25 that the Director may award up to 180 days of earned sentence

26 credit for prisoners serving a sentence of incarceration of

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1 less than 5 years, and up to 365 days of earned sentence credit

2 for prisoners serving a sentence of 5 years or longer. The

3 Director may grant this credit for good conduct in specific

4 instances as the Director deems proper. The good conduct may

5 include, but is not limited to, compliance with the rules and

6 regulations of the Department, service to the Department,

7 service to a community, or service to the State.

8 Eligible inmates for an award of earned sentence credit

9 under this paragraph (3) may be selected to receive the credit

10 at the Director's or his or her designee's sole discretion.

11 Eligibility for the additional earned sentence credit under

12 this paragraph (3) may be based on, but is not limited to,

13 participation in programming offered by the Department

14 ~~department~~ as appropriate for the prisoner based on the

15 results of any available risk/needs assessment or other

16 relevant assessments or evaluations administered by the

17 Department using a validated instrument, the circumstances of

18 the crime, demonstrated commitment to rehabilitation by a

19 prisoner with a history of conviction for a forcible felony

20 enumerated in Section 2-8 of the Criminal Code of 2012, the

21 inmate's behavior and improvements in disciplinary history

22 while incarcerated, and the inmate's commitment to

23 rehabilitation, including participation in programming offered

24 by the Department.

25 The Director shall not award sentence credit under this

26 paragraph (3) to an inmate unless the inmate has served a

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1 minimum of 60 days of the sentence; except nothing in this

2 paragraph shall be construed to permit the Director to extend

3 an inmate's sentence beyond that which was imposed by the

4 court. Prior to awarding credit under this paragraph (3), the

5 Director shall make a written determination that the inmate:

6 (A) is eligible for the earned sentence credit;

7 (B) has served a minimum of 60 days, or as close to 60

8 days as the sentence will allow;

9 (B-1) has received a risk/needs assessment or other

10 relevant evaluation or assessment administered by the

11 Department using a validated instrument; and

12 (C) has met the eligibility criteria established by

13 rule for earned sentence credit.

14 The Director shall determine the form and content of the

15 written determination required in this subsection.

16 (3.5) The Department shall provide annual written reports

17 to the Governor and the General Assembly on the award of earned

18 sentence credit no later than February 1 of each year. The

19 Department must publish both reports on its website within 48

20 hours of transmitting the reports to the Governor and the

21 General Assembly. The reports must include:

22 (A) the number of inmates awarded earned sentence

23 credit;

24 (B) the average amount of earned sentence credit

25 awarded;

26 (C) the holding offenses of inmates awarded earned

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1 sentence credit; and

2 (D) the number of earned sentence credit revocations.

3 (4)(A) Except as provided in paragraph (4.7) of this

4 subsection (a), the rules and regulations shall also provide

5 that any prisoner who is engaged full-time in substance abuse

6 programs, correctional industry assignments, educational

7 programs, work-release programs or activities in accordance

8 with Article 13 of Chapter III of this Code ~~730 ILCS 5/3-13-1~~

9 ~~et seq.~~, behavior modification programs, life skills courses,

10 or re-entry planning provided by the Department under this

11 paragraph (4) and satisfactorily completes the assigned

12 program as determined by the standards of the Department,

13 shall receive ~~[~~one day~~]~~ of sentence credit for each day in

14 which that prisoner is engaged in the activities described in

15 this paragraph. The rules and regulations shall also provide

16 that sentence credit may be provided to an inmate who was held

17 in pre-trial detention prior to his or her current commitment

18 to the Department of Corrections and successfully completed a

19 full-time, 60-day or longer substance abuse program,

20 educational program, behavior modification program, life

21 skills course, or re-entry planning provided by the county

22 department of corrections or county jail. Calculation of this

23 county program credit shall be done at sentencing as provided

24 in Section 5-4.5-100 of this Code and shall be included in the

25 sentencing order. The rules and regulations shall also provide

26 that sentence credit may be provided to an inmate who is in

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1 compliance with programming requirements in an adult

2 transition center.

3 (B) The Department shall award sentence credit under this

4 paragraph (4) accumulated prior to January 1, 2020 (the

5 effective date of Public Act 101-440) in an amount specified

6 in subparagraph (C) of this paragraph (4) to an inmate serving

7 a sentence for an offense committed prior to June 19, 1998, if

8 the Department determines that the inmate is entitled to this

9 sentence credit, based upon:

10 (i) documentation provided by the Department that the

11 inmate engaged in any full-time substance abuse programs,

12 correctional industry assignments, educational programs,

13 behavior modification programs, life skills courses, or

14 re-entry planning provided by the Department under this

15 paragraph (4) and satisfactorily completed the assigned

16 program as determined by the standards of the Department

17 during the inmate's current term of incarceration; or

18 (ii) the inmate's own testimony in the form of an

19 affidavit or documentation, or a third party's

20 documentation or testimony in the form of an affidavit

21 that the inmate likely engaged in any full-time substance

22 abuse programs, correctional industry assignments,

23 educational programs, behavior modification programs, life

24 skills courses, or re-entry planning provided by the

25 Department under paragraph (4) and satisfactorily

26 completed the assigned program as determined by the

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1 standards of the Department during the inmate's current

2 term of incarceration.

3 (C) If the inmate can provide documentation that he or she

4 is entitled to sentence credit under subparagraph (B) in

5 excess of 45 days of participation in those programs, the

6 inmate shall receive 90 days of sentence credit. If the inmate

7 cannot provide documentation of more than 45 days of

8 participation in those programs, the inmate shall receive 45

9 days of sentence credit. In the event of a disagreement

10 between the Department and the inmate as to the amount of

11 credit accumulated under subparagraph (B), if the Department

12 provides documented proof of a lesser amount of days of

13 participation in those programs, that proof shall control. If

14 the Department provides no documentary proof, the inmate's

15 proof as set forth in clause (ii) of subparagraph (B) shall

16 control as to the amount of sentence credit provided.

17 (D) If the inmate has been convicted of a sex offense as

18 defined in Section 2 of the Sex Offender Registration Act,

19 sentencing credits under subparagraph (B) of this paragraph

20 (4) shall be awarded by the Department only if the conditions

21 set forth in paragraph (4.6) of subsection (a) are satisfied.

22 No inmate serving a term of natural life imprisonment shall

23 receive sentence credit under subparagraph (B) of this

24 paragraph (4).

25 Educational, vocational, substance abuse, behavior

26 modification programs, life skills courses, re-entry planning,

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1 and correctional industry programs under which sentence credit

2 may be earned ~~increased~~under this paragraph (4) and paragraph

3 (4.1) of this subsection (a) shall be evaluated by the

4 Department on the basis of documented standards. The

5 Department shall report the results of these evaluations to

6 the Governor and the General Assembly by September 30th of

7 each year. The reports shall include data relating to the

8 recidivism rate among program participants.

9 Availability of these programs shall be subject to the

10 limits of fiscal resources appropriated by the General

11 Assembly for these purposes. Eligible inmates who are denied

12 immediate admission shall be placed on a waiting list under

13 criteria established by the Department. The rules and

14 regulations shall provide that a prisoner who has been placed

15 on a waiting list but is transferred for non-disciplinary

16 reasons before beginning a program shall receive priority

17 placement on the waitlist for appropriate programs at the new

18 facility. The inability of any inmate to become engaged in any

19 such programs by reason of insufficient program resources or

20 for any other reason established under the rules and

21 regulations of the Department shall not be deemed a cause of

22 action under which the Department or any employee or agent of

23 the Department shall be liable for damages to the inmate. The

24 rules and regulations shall provide that a prisoner who begins

25 an educational, vocational, substance abuse, work-release

26 programs or activities in accordance with Article 13 of

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1 Chapter III of this Code ~~730 ILCS 5/3-13-1 et seq.~~, behavior

2 modification program, life skills course, re-entry planning,

3 or correctional industry programs but is unable to complete

4 the program due to illness, disability, transfer, lockdown, or

5 another reason outside of the prisoner's control shall receive

6 prorated sentence credits for the days in which the prisoner

7 did participate.

8 (4.1) Except as provided in paragraph (4.7) of this

9 subsection (a), the rules and regulations shall also provide

10 that an additional 90 days of sentence credit shall be awarded

11 to any prisoner who passes high school equivalency testing

12 while the prisoner is committed to the Department of

13 Corrections. The sentence credit awarded under this paragraph

14 (4.1) shall be in addition to, and shall not affect, the award

15 of sentence credit under any other paragraph of this Section,

16 but shall also be pursuant to the guidelines and restrictions

17 set forth in paragraph (4) of subsection (a) of this Section.

18 The sentence credit provided for in this paragraph shall be

19 available only to those prisoners who have not previously

20 earned a high school diploma or a high school equivalency

21 certificate. If, after an award of the high school equivalency

22 testing sentence credit has been made, the Department

23 determines that the prisoner was not eligible, then the award

24 shall be revoked. The Department may also award 90 days of

25 sentence credit to any committed person who passed high school

26 equivalency testing while he or she was held in pre-trial

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1 detention prior to the current commitment to the Department of

2 Corrections. Except as provided in paragraph (4.7) of this

3 subsection (a), the rules and regulations shall provide that

4 an additional 120 days of sentence credit shall be awarded to

5 any prisoner who obtains an ~~a~~ associate degree while the

6 prisoner is committed to the Department of Corrections,

7 regardless of the date that the associate degree was obtained,

8 including if prior to July 1, 2021 (the effective date of

9 Public Act 101-652) ~~this amendatory Act of the 101st General~~

10 ~~Assembly~~. The sentence credit awarded under this paragraph

11 (4.1) shall be in addition to, and shall not affect, the award

12 of sentence credit under any other paragraph of this Section,

13 but shall also be under the guidelines and restrictions set

14 forth in paragraph (4) of subsection (a) of this Section. The

15 sentence credit provided for in this paragraph (4.1) shall be

16 available only to those prisoners who have not previously

17 earned an associate degree prior to the current commitment to

18 the Department of Corrections. If, after an award of the

19 associate degree sentence credit has been made and the

20 Department determines that the prisoner was not eligible, then

21 the award shall be revoked. The Department may also award 120

22 days of sentence credit to any committed person who earned an

23 associate degree while he or she was held in pre-trial

24 detention prior to the current commitment to the Department of

25 Corrections.

26 Except as provided in paragraph (4.7) of this subsection

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1 (a), the rules and regulations shall provide that an

2 additional 180 days of sentence credit shall be awarded to any

3 prisoner who obtains a bachelor's degree while the prisoner is

4 committed to the Department of Corrections. The sentence

5 credit awarded under this paragraph (4.1) shall be in addition

6 to, and shall not affect, the award of sentence credit under

7 any other paragraph of this Section, but shall also be under

8 the guidelines and restrictions set forth in paragraph (4) of

9 this subsection (a). The sentence credit provided for in this

10 paragraph shall be available only to those prisoners who have

11 not earned a bachelor's degree prior to the current commitment

12 to the Department of Corrections. If, after an award of the

13 bachelor's degree sentence credit has been made, the

14 Department determines that the prisoner was not eligible, then

15 the award shall be revoked. The Department may also award 180

16 days of sentence credit to any committed person who earned a

17 bachelor's degree while he or she was held in pre-trial

18 detention prior to the current commitment to the Department of

19 Corrections.

20 Except as provided in paragraph (4.7) of this subsection

21 (a), the rules and regulations shall provide that an

22 additional 180 days of sentence credit shall be awarded to any

23 prisoner who obtains a master's or professional degree while

24 the prisoner is committed to the Department of Corrections.

25 The sentence credit awarded under this paragraph (4.1) shall

26 be in addition to, and shall not affect, the award of sentence

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1 credit under any other paragraph of this Section, but shall

2 also be under the guidelines and restrictions set forth in

3 paragraph (4) of this subsection (a). The sentence credit

4 provided for in this paragraph shall be available only to

5 those prisoners who have not previously earned a master's or

6 professional degree prior to the current commitment to the

7 Department of Corrections. If, after an award of the master's

8 or professional degree sentence credit has been made, the

9 Department determines that the prisoner was not eligible, then

10 the award shall be revoked. The Department may also award 180

11 days of sentence credit to any committed person who earned a

12 master's or professional degree while he or she was held in

13 pre-trial detention prior to the current commitment to the

14 Department of Corrections.

15 (4.2) The rules and regulations shall also provide that

16 any prisoner engaged in self-improvement programs, volunteer

17 work, or work assignments that are not otherwise eligible

18 activities under paragraph ~~section~~ (4), shall receive up to

19 0.5 days of sentence credit for each day in which the prisoner

20 is engaged in activities described in this paragraph.

21 (4.5) The rules and regulations on sentence credit shall

22 also provide that when the court's sentencing order recommends

23 a prisoner for substance abuse treatment and the crime was

24 committed on or after September 1, 2003 (the effective date of

25 Public Act 93-354), the prisoner shall receive no sentence

26 credit awarded under clause (3) of this subsection (a) unless

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1 he or she participates in and completes a substance abuse

2 treatment program. The Director may waive the requirement to

3 participate in or complete a substance abuse treatment program

4 in specific instances if the prisoner is not a good candidate

5 for a substance abuse treatment program for medical,

6 programming, or operational reasons. Availability of substance

7 abuse treatment shall be subject to the limits of fiscal

8 resources appropriated by the General Assembly for these

9 purposes. If treatment is not available and the requirement to

10 participate and complete the treatment has not been waived by

11 the Director, the prisoner shall be placed on a waiting list

12 under criteria established by the Department. The Director may

13 allow a prisoner placed on a waiting list to participate in and

14 complete a substance abuse education class or attend substance

15 abuse self-help meetings in lieu of a substance abuse

16 treatment program. A prisoner on a waiting list who is not

17 placed in a substance abuse program prior to release may be

18 eligible for a waiver and receive sentence credit under clause

19 (3) of this subsection (a) at the discretion of the Director.

20 (4.6) The rules and regulations on sentence credit shall

21 also provide that a prisoner who has been convicted of a sex

22 offense as defined in Section 2 of the Sex Offender

23 Registration Act shall receive no sentence credit unless he or

24 she either has successfully completed or is participating in

25 sex offender treatment as defined by the Sex Offender

26 Management Board. However, prisoners who are waiting to

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1 receive treatment, but who are unable to do so due solely to

2 the lack of resources on the part of the Department, may, at

3 the Director's sole discretion, be awarded sentence credit at

4 a rate as the Director shall determine.

5 (4.7) On or after January 1, 2018 (the effective date of

6 Public Act 100-3), sentence credit under paragraph (3), (4),

7 or (4.1) of this subsection (a) may be awarded to a prisoner

8 who is serving a sentence for an offense described in

9 paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned

10 on or after January 1, 2018 (the effective date of Public Act

11 100-3); provided, the award of the credits under this

12 paragraph (4.7) shall not reduce the sentence of the prisoner

13 to less than the following amounts:

14 (i) 85% of his or her sentence if the prisoner is

15 required to serve 85% of his or her sentence; or

16 (ii) 60% of his or her sentence if the prisoner is

17 required to serve 75% of his or her sentence, except if the

18 prisoner is serving a sentence for gunrunning his or her

19 sentence shall not be reduced to less than 75%.

20 (iii) 100% of his or her sentence if the prisoner is

21 required to serve 100% of his or her sentence.

22 (5) Whenever the Department is to release any inmate

23 earlier than it otherwise would because of a grant of earned

24 sentence credit under paragraph (3) of subsection (a) of this

25 Section given at any time during the term, the Department

26 shall give reasonable notice of the impending release not less

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1 than 14 days prior to the date of the release to the State's

2 Attorney of the county where the prosecution of the inmate

3 took place, and if applicable, the State's Attorney of the

4 county into which the inmate will be released. The Department

5 must also make identification information and a recent photo

6 of the inmate being released accessible on the Internet by

7 means of a hyperlink labeled "Community Notification of Inmate

8 Early Release" on the Department's World Wide Web homepage.

9 The identification information shall include the inmate's:

10 name, any known alias, date of birth, physical

11 characteristics, commitment offense, and county where

12 conviction was imposed. The identification information shall

13 be placed on the website within 3 days of the inmate's release

14 and the information may not be removed until either:

15 completion of the first year of mandatory supervised release

16 or return of the inmate to custody of the Department.

17 (b) Whenever a person is or has been committed under

18 several convictions, with separate sentences, the sentences

19 shall be construed under Section 5-8-4 in granting and

20 forfeiting of sentence credit.

21 (c) (1) The Department shall prescribe rules and

22 regulations for revoking sentence credit, including revoking

23 sentence credit awarded under paragraph (3) of subsection (a)

24 of this Section. The Department shall prescribe rules and

25 regulations establishing and requiring the use of a sanctions

26 matrix for revoking sentence credit. The Department shall

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1 prescribe rules and regulations for suspending or reducing the

2 rate of accumulation of sentence credit for specific rule

3 violations, during imprisonment. These rules and regulations

4 shall provide that no inmate may be penalized more than one

5 year of sentence credit for any one infraction.

6 (2) When the Department seeks to revoke, suspend, or

7 reduce the rate of accumulation of any sentence credits for an

8 alleged infraction of its rules, it shall bring charges

9 therefor against the prisoner sought to be so deprived of

10 sentence credits before the Prisoner Review Board as provided

11 in subparagraph (a)(4) of Section 3-3-2 of this Code, if the

12 amount of credit at issue exceeds 30 days, whether from one

13 infraction or cumulatively from multiple infractions arising

14 out of a single event, or when, during any 12-month period, the

15 cumulative amount of credit revoked exceeds 30 days except

16 where the infraction is committed or discovered within 60 days

17 of scheduled release. In those cases, the Department of

18 Corrections may revoke up to 30 days of sentence credit. The

19 Board may subsequently approve the revocation of additional

20 sentence credit, if the Department seeks to revoke sentence

21 credit in excess of 30 days. However, the Board shall not be

22 empowered to review the Department's decision with respect to

23 the loss of 30 days of sentence credit within any calendar year

24 for any prisoner or to increase any penalty beyond the length

25 requested by the Department.

26 (3) The Director of the Department of Corrections, in

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1 appropriate cases, may restore sentence credits which have

2 been revoked, suspended, or reduced. The Department shall

3 prescribe rules and regulations governing the restoration of

4 sentence credits. These rules and regulations shall provide

5 for the automatic restoration of sentence credits following a

6 period in which the prisoner maintains a record without a

7 disciplinary violation.

8 Nothing contained in this Section shall prohibit the

9 Prisoner Review Board from ordering, pursuant to Section

10 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the

11 sentence imposed by the court that was not served due to the

12 accumulation of sentence credit.

13 (d) If a lawsuit is filed by a prisoner in an Illinois or

14 federal court against the State, the Department of

15 Corrections, or the Prisoner Review Board, or against any of

16 their officers or employees, and the court makes a specific

17 finding that a pleading, motion, or other paper filed by the

18 prisoner is frivolous, the Department of Corrections shall

19 conduct a hearing to revoke up to 180 days of sentence credit

20 by bringing charges against the prisoner sought to be deprived

21 of the sentence credits before the Prisoner Review Board as

22 provided in subparagraph (a)(8) of Section 3-3-2 of this Code.

23 If the prisoner has not accumulated 180 days of sentence

24 credit at the time of the finding, then the Prisoner Review

25 Board may revoke all sentence credit accumulated by the

26 prisoner.

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1 For purposes of this subsection (d):

2 (1) "Frivolous" means that a pleading, motion, or

3 other filing which purports to be a legal document filed

4 by a prisoner in his or her lawsuit meets any or all of the

5 following criteria:

6 (A) it lacks an arguable basis either in law or in

7 fact;

8 (B) it is being presented for any improper

9 purpose, such as to harass or to cause unnecessary

10 delay or needless increase in the cost of litigation;

11 (C) the claims, defenses, and other legal

12 contentions therein are not warranted by existing law

13 or by a nonfrivolous argument for the extension,

14 modification, or reversal of existing law or the

15 establishment of new law;

16 (D) the allegations and other factual contentions

17 do not have evidentiary support or, if specifically so

18 identified, are not likely to have evidentiary support

19 after a reasonable opportunity for further

20 investigation or discovery; or

21 (E) the denials of factual contentions are not

22 warranted on the evidence, or if specifically so

23 identified, are not reasonably based on a lack of

24 information or belief.

25 (2) "Lawsuit" means a motion pursuant to Section 116-3

26 of the Code of Criminal Procedure of 1963, a habeas corpus

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1 action under Article X of the Code of Civil Procedure or

2 under federal law (28 U.S.C. 2254), a petition for claim

3 under the Court of Claims Act, an action under the federal

4 Civil Rights Act (42 U.S.C. 1983), or a second or

5 subsequent petition for post-conviction relief under

6 Article 122 of the Code of Criminal Procedure of 1963

7 whether filed with or without leave of court or a second or

8 subsequent petition for relief from judgment under Section

9 2-1401 of the Code of Civil Procedure.

10 (e) Nothing in Public Act 90-592 or 90-593 affects the

11 validity of Public Act 89-404.

12 (f) Whenever the Department is to release any inmate who

13 has been convicted of a violation of an order of protection

14 under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or

15 the Criminal Code of 2012, earlier than it otherwise would

16 because of a grant of sentence credit, the Department, as a

17 condition of release, shall require that the person, upon

18 release, be placed under electronic surveillance as provided

19 in Section 5-8A-7 of this Code.

20 (Source: P.A. 100-3, eff. 1-1-18; 100-575, eff. 1-8-18;

21 101-440, eff. 1-1-20; 101-652, eff. 7-1-21; revised 4-28-21.)

22 (730 ILCS 5/3-6-7.3)

23 (This Section may contain text from a Public Act with a

24 delayed effective date)

25 Sec. 3-6-7.3. Committed person post-partum recovery

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1 requirements. The Department shall ensure that, for a period

2 of 72 hours after the birth of an infant by an committed

3 person:

4 (1) the infant is allowed to remain with the committed

5 person, unless a medical professional determines doing so

6 would pose a health or safety risk to the committed person

7 or infant based on information only available to the

8 Department. The mental health professional shall make any

9 such determination on an individualized basis and in

10 consultation with the birthing team of the pregnant person

11 and the Chief of the Women's Division. The birthing team

12 shall include the committed person's perinatal care

13 providers and doula, if available; and

14 (2) the committed person has access to any nutritional

15 or hygiene-related products necessary to care for the

16 infant, including diapers.

17 (Source: P.A. 101-652, eff. 7-1-21.)

18 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)

19 (Text of Section before amendment by P.A. 101-652)

20 Sec. 5-8-1. Natural life imprisonment; enhancements for

21 use of a firearm; mandatory supervised release terms.

22 (a) Except as otherwise provided in the statute defining

23 the offense or in Article 4.5 of Chapter V, a sentence of

24 imprisonment for a felony shall be a determinate sentence set

25 by the court under this Section, subject to Section 5-4.5-115

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1 of this Code, according to the following limitations:

2 (1) for first degree murder,

3 (a) (blank),

4 (b) if a trier of fact finds beyond a reasonable

5 doubt that the murder was accompanied by exceptionally

6 brutal or heinous behavior indicative of wanton

7 cruelty or, except as set forth in subsection

8 (a)(1)(c) of this Section, that any of the aggravating

9 factors listed in subsection (b) or (b-5) of Section

10 9-1 of the Criminal Code of 1961 or the Criminal Code

11 of 2012 are present, the court may sentence the

12 defendant, subject to Section 5-4.5-105, to a term of

13 natural life imprisonment, or

14 (c) the court shall sentence the defendant to a

15 term of natural life imprisonment if the defendant, at

16 the time of the commission of the murder, had attained

17 the age of 18, and

18 (i) has previously been convicted of first

19 degree murder under any state or federal law, or

20 (ii) is found guilty of murdering more than

21 one victim, or

22 (iii) is found guilty of murdering a peace

23 officer, fireman, or emergency management worker

24 when the peace officer, fireman, or emergency

25 management worker was killed in the course of

26 performing his official duties, or to prevent the

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1 peace officer or fireman from performing his

2 official duties, or in retaliation for the peace

3 officer, fireman, or emergency management worker

4 from performing his official duties, and the

5 defendant knew or should have known that the

6 murdered individual was a peace officer, fireman,

7 or emergency management worker, or

8 (iv) is found guilty of murdering an employee

9 of an institution or facility of the Department of

10 Corrections, or any similar local correctional

11 agency, when the employee was killed in the course

12 of performing his official duties, or to prevent

13 the employee from performing his official duties,

14 or in retaliation for the employee performing his

15 official duties, or

16 (v) is found guilty of murdering an emergency

17 medical technician - ambulance, emergency medical

18 technician - intermediate, emergency medical

19 technician - paramedic, ambulance driver or other

20 medical assistance or first aid person while

21 employed by a municipality or other governmental

22 unit when the person was killed in the course of

23 performing official duties or to prevent the

24 person from performing official duties or in

25 retaliation for performing official duties and the

26 defendant knew or should have known that the

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1 murdered individual was an emergency medical

2 technician - ambulance, emergency medical

3 technician - intermediate, emergency medical

4 technician - paramedic, ambulance driver, or other

5 medical assistant or first aid personnel, or

6 (vi) (blank), or

7 (vii) is found guilty of first degree murder

8 and the murder was committed by reason of any

9 person's activity as a community policing

10 volunteer or to prevent any person from engaging

11 in activity as a community policing volunteer. For

12 the purpose of this Section, "community policing

13 volunteer" has the meaning ascribed to it in

14 Section 2-3.5 of the Criminal Code of 2012.

15 For purposes of clause (v), "emergency medical

16 technician - ambulance", "emergency medical technician -

17 intermediate", "emergency medical technician -

18 paramedic", have the meanings ascribed to them in the

19 Emergency Medical Services (EMS) Systems Act.

20 (d)(i) if the person committed the offense while

21 armed with a firearm, 15 years shall be added to

22 the term of imprisonment imposed by the court;

23 (ii) if, during the commission of the offense, the

24 person personally discharged a firearm, 20 years shall

25 be added to the term of imprisonment imposed by the

26 court;

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1 (iii) if, during the commission of the offense,

2 the person personally discharged a firearm that

3 proximately caused great bodily harm, permanent

4 disability, permanent disfigurement, or death to

5 another person, 25 years or up to a term of natural

6 life shall be added to the term of imprisonment

7 imposed by the court.

8 (2) (blank);

9 (2.5) for a person who has attained the age of 18 years

10 at the time of the commission of the offense and who is

11 convicted under the circumstances described in subdivision

12 (b)(1)(B) of Section 11-1.20 or paragraph (3) of

13 subsection (b) of Section 12-13, subdivision (d)(2) of

14 Section 11-1.30 or paragraph (2) of subsection (d) of

15 Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or

16 paragraph (1.2) of subsection (b) of Section 12-14.1,

17 subdivision (b)(2) of Section 11-1.40 or paragraph (2) of

18 subsection (b) of Section 12-14.1 of the Criminal Code of

19 1961 or the Criminal Code of 2012, the sentence shall be a

20 term of natural life imprisonment.

21 (b) (Blank).

22 (c) (Blank).

23 (d) Subject to earlier termination under Section 3-3-8,

24 the parole or mandatory supervised release term shall be

25 written as part of the sentencing order and shall be as

26 follows:

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1 (1) for first degree murder or a Class X felony except

2 for the offenses of predatory criminal sexual assault of a

3 child, aggravated criminal sexual assault, and criminal

4 sexual assault if committed on or after the effective date

5 of this amendatory Act of the 94th General Assembly and

6 except for the offense of aggravated child pornography

7 under Section 11-20.1B, 11-20.3, or 11-20.1 with

8 sentencing under subsection (c-5) of Section 11-20.1 of

9 the Criminal Code of 1961 or the Criminal Code of 2012, if

10 committed on or after January 1, 2009, 3 years;

11 (2) for a Class 1 felony or a Class 2 felony except for

12 the offense of criminal sexual assault if committed on or

13 after the effective date of this amendatory Act of the

14 94th General Assembly and except for the offenses of

15 manufacture and dissemination of child pornography under

16 clauses (a)(1) and (a)(2) of Section 11-20.1 of the

17 Criminal Code of 1961 or the Criminal Code of 2012, if

18 committed on or after January 1, 2009, 2 years;

19 (3) for a Class 3 felony or a Class 4 felony, 1 year;

20 (4) for defendants who commit the offense of predatory

21 criminal sexual assault of a child, aggravated criminal

22 sexual assault, or criminal sexual assault, on or after

23 the effective date of this amendatory Act of the 94th

24 General Assembly, or who commit the offense of aggravated

25 child pornography under Section 11-20.1B, 11-20.3, or

26 11-20.1 with sentencing under subsection (c-5) of Section

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1 11-20.1 of the Criminal Code of 1961 or the Criminal Code

2 of 2012, manufacture of child pornography, or

3 dissemination of child pornography after January 1, 2009,

4 the term of mandatory supervised release shall range from

5 a minimum of 3 years to a maximum of the natural life of

6 the defendant;

7 (5) if the victim is under 18 years of age, for a

8 second or subsequent offense of aggravated criminal sexual

9 abuse or felony criminal sexual abuse, 4 years, at least

10 the first 2 years of which the defendant shall serve in an

11 electronic monitoring or home detention program under

12 Article 8A of Chapter V of this Code;

13 (6) for a felony domestic battery, aggravated domestic

14 battery, stalking, aggravated stalking, and a felony

15 violation of an order of protection, 4 years.

16 (e) (Blank).

17 (f) (Blank).

18 (Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19;

19 101-288, eff. 1-1-20.)

20 (Text of Section after amendment by P.A. 101-652)

21 Sec. 5-8-1. Natural life imprisonment; enhancements for

22 use of a firearm; mandatory supervised release terms.

23 (a) Except as otherwise provided in the statute defining

24 the offense or in Article 4.5 of Chapter V, a sentence of

25 imprisonment for a felony shall be a determinate sentence set

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1 by the court under this Section, subject to Section 5-4.5-115

2 of this Code, according to the following limitations:

3 (1) for first degree murder,

4 (a) (blank),

5 (b) if a trier of fact finds beyond a reasonable

6 doubt that the murder was accompanied by exceptionally

7 brutal or heinous behavior indicative of wanton

8 cruelty or, except as set forth in subsection

9 (a)(1)(c) of this Section, that any of the aggravating

10 factors listed in subsection (b) or (b-5) of Section

11 9-1 of the Criminal Code of 1961 or the Criminal Code

12 of 2012 are present, the court may sentence the

13 defendant, subject to Section 5-4.5-105, to a term of

14 natural life imprisonment, or

15 (c) the court shall sentence the defendant to a

16 term of natural life imprisonment if the defendant, at

17 the time of the commission of the murder, had attained

18 the age of 18, and

19 (i) has previously been convicted of first

20 degree murder under any state or federal law, or

21 (ii) is found guilty of murdering more than

22 one victim, or

23 (iii) is found guilty of murdering a peace

24 officer, fireman, or emergency management worker

25 when the peace officer, fireman, or emergency

26 management worker was killed in the course of

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1 performing his official duties, or to prevent the

2 peace officer or fireman from performing his

3 official duties, or in retaliation for the peace

4 officer, fireman, or emergency management worker

5 from performing his official duties, and the

6 defendant knew or should have known that the

7 murdered individual was a peace officer, fireman,

8 or emergency management worker, or

9 (iv) is found guilty of murdering an employee

10 of an institution or facility of the Department of

11 Corrections, or any similar local correctional

12 agency, when the employee was killed in the course

13 of performing his official duties, or to prevent

14 the employee from performing his official duties,

15 or in retaliation for the employee performing his

16 official duties, or

17 (v) is found guilty of murdering an emergency

18 medical technician - ambulance, emergency medical

19 technician - intermediate, emergency medical

20 technician - paramedic, ambulance driver or other

21 medical assistance or first aid person while

22 employed by a municipality or other governmental

23 unit when the person was killed in the course of

24 performing official duties or to prevent the

25 person from performing official duties or in

26 retaliation for performing official duties and the

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1 defendant knew or should have known that the

2 murdered individual was an emergency medical

3 technician - ambulance, emergency medical

4 technician - intermediate, emergency medical

5 technician - paramedic, ambulance driver, or other

6 medical assistant or first aid personnel, or

7 (vi) (blank), or

8 (vii) is found guilty of first degree murder

9 and the murder was committed by reason of any

10 person's activity as a community policing

11 volunteer or to prevent any person from engaging

12 in activity as a community policing volunteer. For

13 the purpose of this Section, "community policing

14 volunteer" has the meaning ascribed to it in

15 Section 2-3.5 of the Criminal Code of 2012.

16 For purposes of clause (v), "emergency medical

17 technician - ambulance", "emergency medical technician -

18 intermediate", "emergency medical technician -

19 paramedic", have the meanings ascribed to them in the

20 Emergency Medical Services (EMS) Systems Act.

21 (d)(i) if the person committed the offense while

22 armed with a firearm, 15 years shall be added to

23 the term of imprisonment imposed by the court;

24 (ii) if, during the commission of the offense, the

25 person personally discharged a firearm, 20 years shall

26 be added to the term of imprisonment imposed by the

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1 court;

2 (iii) if, during the commission of the offense,

3 the person personally discharged a firearm that

4 proximately caused great bodily harm, permanent

5 disability, permanent disfigurement, or death to

6 another person, 25 years or up to a term of natural

7 life shall be added to the term of imprisonment

8 imposed by the court.

9 (2) (blank);

10 (2.5) for a person who has attained the age of 18 years

11 at the time of the commission of the offense and who is

12 convicted under the circumstances described in subdivision

13 (b)(1)(B) of Section 11-1.20 or paragraph (3) of

14 subsection (b) of Section 12-13, subdivision (d)(2) of

15 Section 11-1.30 or paragraph (2) of subsection (d) of

16 Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or

17 paragraph (1.2) of subsection (b) of Section 12-14.1,

18 subdivision (b)(2) of Section 11-1.40 or paragraph (2) of

19 subsection (b) of Section 12-14.1 of the Criminal Code of

20 1961 or the Criminal Code of 2012, the sentence shall be a

21 term of natural life imprisonment.

22 (b) (Blank).

23 (c) (Blank).

24 (d) Subject to earlier termination under Section 3-3-8,

25 the parole or mandatory supervised release term shall be

26 written as part of the sentencing order and shall be as

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1 follows:

2 (1) for first degree murder or for the offenses of

3 predatory criminal sexual assault of a child, aggravated

4 criminal sexual assault, and criminal sexual assault if

5 committed on or before December 12, 2005, 3 years;

6 (1.5) except as provided in paragraph (7) of this

7 subsection (d), for a Class X felony except for the

8 offenses of predatory criminal sexual assault of a child,

9 aggravated criminal sexual assault, and criminal sexual

10 assault if committed on or after December 13, 2005 (the

11 effective date of Public Act 94-715) and except for the

12 offense of aggravated child pornography under Section

13 11-20.1B.,11-20.3, or 11-20.1 with sentencing under

14 subsection (c-5) of Section 11-20.1 of the Criminal Code

15 of 1961 or the Criminal Code of 2012, if committed on or

16 after January 1, 2009, 18 months;

17 (2) except as provided in paragraph (7) of this

18 subsection (d), for a Class 1 felony or a Class 2 felony

19 except for the offense of criminal sexual assault if

20 committed on or after December 13, 2005 (the effective

21 date of Public Act 94-715) and except for the offenses of

22 manufacture and dissemination of child pornography under

23 clauses (a)(1) and (a)(2) of Section 11-20.1 of the

24 Criminal Code of 1961 or the Criminal Code of 2012, if

25 committed on or after January 1, 2009, 12 months;

26 (3) except as provided in paragraph (4), (6), or (7)

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1 of this subsection (d), a mandatory supervised release

2 term shall not be imposed for a Class 3 felony or a Class 4

3 felony; unless:

4 (A) the Prisoner Review Board, based on a

5 validated risk and needs assessment, determines it is

6 necessary for an offender to serve a mandatory

7 supervised release term;

8 (B) if the Prisoner Review Board determines a

9 mandatory supervised release term is necessary

10 pursuant to subparagraph (A) of this paragraph (3),

11 the Prisoner Review Board shall specify the maximum

12 number of months of mandatory supervised release the

13 offender may serve, limited to a term of: (i) 12 months

14 for a Class 3 felony; and (ii) 12 months for a Class 4

15 felony;

16 (4) for defendants who commit the offense of predatory

17 criminal sexual assault of a child, aggravated criminal

18 sexual assault, or criminal sexual assault, on or after

19 the effective date of this amendatory Act of the 94th

20 General Assembly, or who commit the offense of aggravated

21 child pornography under Section 11-20.1B, 11-20.3, or

22 11-20.1 with sentencing under subsection (c-5) of Section

23 11-20.1 of the Criminal Code of 1961 or the Criminal Code

24 of 2012, manufacture of child pornography, or

25 dissemination of child pornography after January 1, 2009,

26 the term of mandatory supervised release shall range from

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1 a minimum of 3 years to a maximum of the natural life of

2 the defendant;

3 (5) if the victim is under 18 years of age, for a

4 second or subsequent offense of aggravated criminal sexual

5 abuse or felony criminal sexual abuse, 4 years, at least

6 the first 2 years of which the defendant shall serve in an

7 electronic monitoring or home detention program under

8 Article 8A of Chapter V of this Code;

9 (6) for a felony domestic battery, aggravated domestic

10 battery, stalking, aggravated stalking, and a felony

11 violation of an order of protection, 4 years;

12 (7) for any felony described in paragraph (a)(2)(ii),

13 (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),

14 (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section

15 3-6-3 of the Unified Code of Corrections requiring an

16 inmate to serve a minimum of 85% of their court-imposed

17 sentence, except for the offenses of predatory criminal

18 sexual assault of a child, aggravated criminal sexual

19 assault, and criminal sexual assault if committed on or

20 after December 13, 2005 (the effective date of Public Act

21 94-715) and except for the offense of aggravated child

22 pornography under Section 11-20.1B.,11-20.3, or 11-20.1

23 with sentencing under subsection (c-5) of Section 11-20.1

24 of the Criminal Code of 1961 or the Criminal Code of 2012,

25 if committed on or after January 1, 2009 and except as

26 provided in paragraph (4) or paragraph (6) of this

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1 subsection (d), the term of mandatory supervised release

2 shall be as follows:

3 (A) Class X felony, 3 years;

4 (B) Class 1 or Class 2 felonies, 2 years;

5 (C) Class 3 or Class 4 felonies, 1 year.

6 (e) (Blank).

7 (f) (Blank).

8 (g) Notwithstanding any other provisions of this Act and

9 of Public Act 101-652: (i) the provisions of paragraph (3) of

10 subsection (d) are effective on January 1, 2022 and shall

11 apply to all individuals convicted on or after the effective

12 date of paragraph (3) of subsection (d); and (ii) the

13 provisions of paragraphs (1.5) and (2) of subsection (d) are

14 effective on July 1, 2021 and shall apply to all individuals

15 convicted on or after the effective date of paragraphs (1.5)

16 and (2) of subsection (d).

17 (Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19;

18 101-288, eff. 1-1-20; 101-652, eff. 7-1-21.)

19 (730 ILCS 5/5-8A-4) (from Ch. 38, par. 1005-8A-4)

20 (Text of Section before amendment by P.A. 101-652)

21 Sec. 5-8A-4. Program description. The supervising

22 authority may promulgate rules that prescribe reasonable

23 guidelines under which an electronic monitoring and home

24 detention program shall operate. When using electronic

25 monitoring for home detention these rules shall include but

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1 not be limited to the following:

2 (A) The participant shall remain within the interior

3 premises or within the property boundaries of his or her

4 residence at all times during the hours designated by the

5 supervising authority. Such instances of approved absences

6 from the home may include but are not limited to the

7 following:

8 (1) working or employment approved by the court or

9 traveling to or from approved employment;

10 (2) unemployed and seeking employment approved for

11 the participant by the court;

12 (3) undergoing medical, psychiatric, mental health

13 treatment, counseling, or other treatment programs

14 approved for the participant by the court;

15 (4) attending an educational institution or a

16 program approved for the participant by the court;

17 (5) attending a regularly scheduled religious

18 service at a place of worship;

19 (6) participating in community work release or

20 community service programs approved for the

21 participant by the supervising authority; or

22 (7) for another compelling reason consistent with

23 the public interest, as approved by the supervising

24 authority.

25 (B) The participant shall admit any person or agent

26 designated by the supervising authority into his or her

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1 residence at any time for purposes of verifying the

2 participant's compliance with the conditions of his or her

3 detention.

4 (C) The participant shall make the necessary

5 arrangements to allow for any person or agent designated

6 by the supervising authority to visit the participant's

7 place of education or employment at any time, based upon

8 the approval of the educational institution employer or

9 both, for the purpose of verifying the participant's

10 compliance with the conditions of his or her detention.

11 (D) The participant shall acknowledge and participate

12 with the approved electronic monitoring device as

13 designated by the supervising authority at any time for

14 the purpose of verifying the participant's compliance with

15 the conditions of his or her detention.

16 (E) The participant shall maintain the following:

17 (1) a working telephone in the participant's home;

18 (2) a monitoring device in the participant's home,

19 or on the participant's person, or both; and

20 (3) a monitoring device in the participant's home

21 and on the participant's person in the absence of a

22 telephone.

23 (F) The participant shall obtain approval from the

24 supervising authority before the participant changes

25 residence or the schedule described in subsection (A) of

26 this Section.

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1 (G) The participant shall not commit another crime

2 during the period of home detention ordered by the Court.

3 (H) Notice to the participant that violation of the

4 order for home detention may subject the participant to

5 prosecution for the crime of escape as described in

6 Section 5-8A-4.1.

7 (I) The participant shall abide by other conditions as

8 set by the supervising authority.

9 (Source: P.A. 99-797, eff. 8-12-16.)

10 (Text of Section after amendment by P.A. 101-652)

11 Sec. 5-8A-4. Program description. The supervising

12 authority may promulgate rules that prescribe reasonable

13 guidelines under which an electronic monitoring and home

14 detention program shall operate. When using electronic

15 monitoring for home detention these rules may include but not

16 be limited to the following:

17 (A) The participant may be instructed to remain within

18 the interior premises or within the property boundaries of

19 his or her residence at all times during the hours

20 designated by the supervising authority. Such instances of

21 approved absences from the home shall include but are not

22 limited to the following:

23 (1) working or employment approved by the court or

24 traveling to or from approved employment;

25 (2) unemployed and seeking employment approved for

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1 the participant by the court;

2 (3) undergoing medical, psychiatric, mental health

3 treatment, counseling, or other treatment programs

4 approved for the participant by the court;

5 (4) attending an educational institution or a

6 program approved for the participant by the court;

7 (5) attending a regularly scheduled religious

8 service at a place of worship;

9 (6) participating in community work release or

10 community service programs approved for the

11 participant by the supervising authority; or

12 (7) for another compelling reason consistent with

13 the public interest, as approved by the supervising

14 authority.

15 (8) purchasing groceries, food, or other basic

16 necessities.

17 (A-1) At a minimum, any person ordered to pretrial

18 home confinement with or without electronic monitoring

19 must be provided with ~~open~~ movement spread out over no

20 fewer than two days per week, to participate in basic

21 activities such as those listed in paragraph (A).

22 (B) The participant shall admit any person or agent

23 designated by the supervising authority into his or her

24 residence at any time for purposes of verifying the

25 participant's compliance with the conditions of his or her

26 detention.

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1 (C) The participant shall make the necessary

2 arrangements to allow for any person or agent designated

3 by the supervising authority to visit the participant's

4 place of education or employment at any time, based upon

5 the approval of the educational institution employer or

6 both, for the purpose of verifying the participant's

7 compliance with the conditions of his or her detention.

8 (D) The participant shall acknowledge and participate

9 with the approved electronic monitoring device as

10 designated by the supervising authority at any time for

11 the purpose of verifying the participant's compliance with

12 the conditions of his or her detention.

13 (E) The participant shall maintain the following:

14 (1) access to a working telephone;

15 (2) a monitoring device in the participant's home,

16 or on the participant's person, or both; and

17 (3) a monitoring device in the participant's home

18 and on the participant's person in the absence of a

19 telephone.

20 (F) The participant shall obtain approval from the

21 supervising authority before the participant changes

22 residence or the schedule described in subsection (A) of

23 this Section. Such approval shall not be unreasonably

24 withheld.

25 (G) The participant shall not commit another crime

26 during the period of home detention ordered by the Court.

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1 (H) Notice to the participant that violation of the

2 order for home detention may subject the participant to

3 prosecution for the crime of escape as described in

4 Section 5-8A-4.1.

5 (I) The participant shall abide by other conditions as

6 set by the supervising authority.

7 (J) This Section takes effect January 1, 2022.

8 (Source: P.A. 101-652, eff. 7-1-21.)

9 Section 70. The County Jail Act is amended by changing

10 Section 17.7 as follows:

11 (730 ILCS 125/17.7)

12 (This Section may contain text from a Public Act with a

13 delayed effective date)

14 Sec. 17.7. Educational programming ~~programing~~ for pregnant

15 prisoners. The Illinois Department of Public Health shall

16 provide the sheriff with educational programming relating to

17 pregnancy and parenting and the sheriff shall provide the

18 programming to pregnant prisoners ~~sheriff shall develop and~~

19 ~~provide to each pregnant prisoner educational programming~~

20 ~~relating to pregnancy and parenting~~. The programming must

21 include instruction regarding:

22 (1) appropriate prenatal care and hygiene;

23 (2) the effects of prenatal exposure to alcohol and

24 drugs on a developing fetus;

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1 (3) parenting skills; and

2 (4) medical and mental health issues applicable to

3 children.

4 (Source: P.A. 101-652, eff. 7-1-21.)

5 Section 75. The Reporting of Deaths in Custody Act is

6 amended by changing Section 3-5 as follows:

7 (730 ILCS 210/3-5)

8 (This Section may contain text from a Public Act with a

9 delayed effective date)

10 Sec. 3-5. Report of deaths of persons in custody in

11 correctional institutions.

12 (a) In this Act, "law enforcement agency" includes each

13 law enforcement entity within this State having the authority

14 to arrest and detain persons suspected of, or charged with,

15 committing a criminal offense, and each law enforcement entity

16 that operates a lock up, jail, prison, or any other facility

17 used to detain persons for legitimate law enforcement

18 purposes.

19 (b) In any case in which a person dies:

20 (1) while in the custody of:

21 (A) a law enforcement agency;

22 (B) a local or State correctional facility in this

23 State; or

24 (C) a peace officer; or

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1 (2) as a result of the peace officer's use of force,

2 the law enforcement agency shall investigate and report

3 the death in writing to the Illinois Criminal Justice

4 Information Authority, no later than 30 days after the

5 date on which the person in custody or incarcerated died.

6 The written report shall contain the following

7 information:

8 (A) the following facts concerning the death that

9 are in the possession of the law enforcement agency in

10 charge of the investigation and the correctional

11 facility where the death occurred~~including, but not~~

12 ~~limited to~~, race, age, ~~and~~ gender, sexual orientation,

13 and gender identity of the decedent, and a brief

14 description of causes, contributing factors and the

15 circumstances surrounding the death;

16 (B) if the death occurred in~~the~~ custody ~~of the~~

17 ~~Illinois Department of Corrections~~, the report shall

18 also include the jurisdiction, the law enforcement

19 agency providing the investigation, and the local or

20 State facility where the death occurred;

21 (C) if the death occurred in~~the~~ custody ~~of the~~

22 ~~Illinois Department of Corrections,~~the report shall

23 also include if emergency care was requested by the

24 law enforcement agency in response to any illness,

25 injury, self-inflicted or otherwise, or other issue

26 related to rapid deterioration of physical wellness or

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1 human subsistence, and details concerning emergency

2 care that were provided to the decedent if emergency

3 care was provided.

4 (c) The law enforcement agency and the involved

5 correctional administrators shall make a good faith effort to

6 obtain all relevant facts and circumstances relevant to the

7 death and include those in the report.

8 (d) The Illinois Criminal Justice Information Authority

9 shall create a standardized form to be used for the purpose of

10 collecting information as described in subsection (b).The

11 information shall comply with this Act and the Federal Death

12 in Custody Reporting Act of 2013.

13 (e) Law enforcement agencies shall use the form described

14 in subsection (d) to report all cases in which a person dies:

15 (1) while in the custody of:

16 (A) a law enforcement agency;

17 (B) a local or State correctional facility in this

18 State; or

19 (C) a peace officer; or

20 (2) as a result of the peace officer's use of force.

21 (f) The Illinois Criminal Justice Information Authority

22 may determine the manner in which the form is transmitted from

23 a law enforcement agency to the Illinois Criminal Justice

24 Information Authority. All state agencies that collect similar

25 records as required under this Act, including Illinois State

26 Police, Illinois Department of Corrections, and Illinois

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1 Department of Juvenile Justice, shall collaborate with the

2 Illinois Criminal Justice and Information Authority to collect

3 the information in this Act.

4 (g) The reports shall be public records within the meaning

5 of subsection (c) of Section 2 of the Freedom of Information

6 Act and are open to public inspection, with the exception of

7 any portion of the report that the Illinois Criminal Justice

8 Information Authority determines is privileged or protected

9 under Illinois or federal law.

10 (g-5) The Illinois Criminal Justice Information Authority

11 shall begin collecting this information by January 1, 2022.

12 The reports and publications in subsections (h) and below

13 shall begin by June 1, 2022.

14 (h) The Illinois Criminal Justice Information Authority

15 shall make available to the public information of all

16 individual reports relating to deaths in custody through the

17 Illinois Criminal Justice Information Authority's website to

18 be updated on a quarterly basis.

19 (i) The Illinois Criminal Justice Information Authority

20 shall issue a public annual report tabulating and evaluating

21 trends and information on deaths in custody, including, but

22 not limited to:

23 (1) information regarding the race, gender, sexual

24 orientation, and gender identity of the decedent; and a

25 brief description of the circumstances surrounding the

26 death;

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1 (2) if the death occurred in~~the~~ custody ~~of the~~

2 ~~Illinois Department of Corrections~~, the report shall also

3 include the jurisdiction, law enforcement agency providing

4 the investigation, and local or State facility where the

5 death occurred; and

6 (3) recommendations and State and local efforts

7 underway to reduce deaths in custody.

8 The report shall be submitted to the Governor and General

9 Assembly and made available to the public on the Illinois

10 Criminal Justice Information Authority's website the first

11 week of February of each year.

12 (j) So that the State may oversee the healthcare provided

13 to any person in the custody of each law enforcement agency

14 within this State, provision of medical services to these

15 persons, general care and treatment, and any other factors

16 that may contribute to the death of any of these persons, the

17 following information shall be made available to the public on

18 the Illinois Criminal Justice Information Authority's website:

19 (1) the number of deaths that occurred during the

20 preceding calendar year;

21 (2) the known, or discoverable upon reasonable

22 inquiry, causes and contributing factors of each of the

23 in-custody deaths as defined in subsection (b); and

24 (3) the law enforcement agency's policies, procedures,

25 and protocols related to:

26 (A) treatment of a person experiencing withdrawal

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1 from alcohol or substance use;

2 (B) the facility's provision, or lack of

3 provision, of medications used to treat, mitigate, or

4 address a person's symptoms; and

5 (C) notifying an inmate's next of kin after the

6 inmate's in-custody death.

7 (k) The family, next of kin, or any other person

8 reasonably nominated by the decedent as an emergency contact

9 shall be notified as soon as possible in a suitable manner

10 giving an accurate factual account of the cause of death and

11 circumstances surrounding the death in custody in accordance

12 with State and federal law.

13 (l) The law enforcement agency or correctional facility

14 shall name a staff person to act as dedicated family liaison

15 officer to be a point of contact for the family, to make and

16 maintain contact with the family, to report ongoing

17 developments and findings of investigations, and to provide

18 information and practical support. If requested by the

19 deceased's next of kin, the law enforcement agency or

20 correctional facility shall arrange for a chaplain, counselor,

21 or other suitable staff member to meet with the family and

22 discuss any faith considerations or concerns. The family has a

23 right to the medical records of a family member who has died in

24 custody and these records shall be disclosed to them in

25 accordance with State and federal law.

26 (m) Each department shall assign an employee or employees

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1 to file reports under this Section. It is unlawful for a person

2 who is required under this Section to investigate a death or

3 file a report to fail to include in the report facts known or

4 discovered in the investigation to the Illinois Criminal

5 Justice Information Authority. A violation of this Section is

6 a petty offense, with fine not to exceed $500.

7 (Source: P.A. 101-652, eff. 7-1-21.)

8 Section 95. No acceleration or delay. Except as otherwise

9 expressly provided in Sections 3, 15, 55, 60, and 65, where

10 this Act makes changes in a statute that is represented in this

11 Act by text that is not yet or no longer in effect (for

12 example, a Section represented by multiple versions), the use

13 of that text does not accelerate or delay the taking effect of

14 (i) the changes made by this Act or (ii) provisions derived

15 from any other Public Act.

16 Section 97. Severability. The provisions of this Act are

17 severable under Section 1.31 of the Statute on Statutes.

18 Section 99. Effective date. This Act takes effect upon

19 becoming law.".