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,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 3. The Illinois Public Labor Relations Act is
6amended 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
10disputes.
11    (a) In the case of collective bargaining agreements
12involving units of security employees of a public employer,
13Peace Officer Units, or units of fire fighters or paramedics,
14and in the case of disputes under Section 18, unless the
15parties mutually agree to some other time limit, mediation
16shall commence 30 days prior to the expiration date of such

 

 

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1agreement or at such later time as the mediation services
2chosen under subsection (b) of Section 12 can be provided to
3the parties. In the case of negotiations for an initial
4collective bargaining agreement, mediation shall commence upon
515 days notice from either party or at such later time as the
6mediation services chosen pursuant to subsection (b) of
7Section 12 can be provided to the parties. In mediation under
8this Section, if either party requests the use of mediation
9services from the Federal Mediation and Conciliation Service,
10the other party shall either join in such request or bear the
11additional cost of mediation services from another source. The
12mediator shall have a duty to keep the Board informed on the
13progress of the mediation. If any dispute has not been
14resolved within 15 days after the first meeting of the parties
15and the mediator, or within such other time limit as may be
16mutually agreed upon by the parties, either the exclusive
17representative or employer may request of the other, in
18writing, arbitration, and shall submit a copy of the request
19to the Board.
20    (b) Within 10 days after such a request for arbitration
21has been made, the employer shall choose a delegate and the
22employees' exclusive representative shall choose a delegate to
23a panel of arbitration as provided in this Section. The
24employer and employees shall forthwith advise the other and
25the Board of their selections.
26    (c) Within 7 days after the request of either party, the

 

 

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1parties shall request a panel of impartial arbitrators from
2which they shall select the neutral chairman according to the
3procedures provided in this Section. If the parties have
4agreed to a contract that contains a grievance resolution
5procedure as provided in Section 8, the chairman shall be
6selected using their agreed contract procedure unless they
7mutually agree to another procedure. If the parties fail to
8notify the Board of their selection of neutral chairman within
97 days after receipt of the list of impartial arbitrators, the
10Board shall appoint, at random, a neutral chairman from the
11list. In the absence of an agreed contract procedure for
12selecting an impartial arbitrator, either party may request a
13panel from the Board. Within 7 days of the request of either
14party, the Board shall select from the Public Employees Labor
15Mediation Roster 7 persons who are on the labor arbitration
16panels of either the American Arbitration Association or the
17Federal Mediation and Conciliation Service, or who are members
18of the National Academy of Arbitrators, as nominees for
19impartial arbitrator of the arbitration panel. The parties may
20select an individual on the list provided by the Board or any
21other individual mutually agreed upon by the parties. Within 7
22days following the receipt of the list, the parties shall
23notify the Board of the person they have selected. Unless the
24parties agree on an alternate selection procedure, they shall
25alternatively strike one name from the list provided by the
26Board until only one name remains. A coin toss shall determine

 

 

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1which party shall strike the first name. If the parties fail to
2notify the Board in a timely manner of their selection for
3neutral chairman, the Board shall appoint a neutral chairman
4from the Illinois Public Employees Mediation/Arbitration
5Roster.
6    (d) The chairman shall call a hearing to begin within 15
7days and give reasonable notice of the time and place of the
8hearing. The hearing shall be held at the offices of the Board
9or at such other location as the Board deems appropriate. The
10chairman shall preside over the hearing and shall take
11testimony. Any oral or documentary evidence and other data
12deemed relevant by the arbitration panel may be received in
13evidence. The proceedings shall be informal. Technical rules
14of evidence shall not apply and the competency of the evidence
15shall not thereby be deemed impaired. A verbatim record of the
16proceedings shall be made and the arbitrator shall arrange for
17the necessary recording service. Transcripts may be ordered at
18the expense of the party ordering them, but the transcripts
19shall not be necessary for a decision by the arbitration
20panel. The expense of the proceedings, including a fee for the
21chairman, shall be borne equally by each of the parties to the
22dispute. The delegates, if public officers or employees, shall
23continue on the payroll of the public employer without loss of
24pay. The hearing conducted by the arbitration panel may be
25adjourned from time to time, but unless otherwise agreed by
26the parties, shall be concluded within 30 days of the time of

 

 

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1its commencement. Majority actions and rulings shall
2constitute the actions and rulings of the arbitration panel.
3Arbitration proceedings under this Section shall not be
4interrupted or terminated by reason of any unfair labor
5practice charge filed by either party at any time.
6    (e) The arbitration panel may administer oaths, require
7the attendance of witnesses, and the production of such books,
8papers, contracts, agreements and documents as may be deemed
9by it material to a just determination of the issues in
10dispute, and for such purpose may issue subpoenas. If any
11person refuses to obey a subpoena, or refuses to be sworn or to
12testify, or if any witness, party or attorney is guilty of any
13contempt while in attendance at any hearing, the arbitration
14panel may, or the attorney general if requested shall, invoke
15the aid of any circuit court within the jurisdiction in which
16the hearing is being held, which court shall issue an
17appropriate order. Any failure to obey the order may be
18punished by the court as contempt.
19    (f) At any time before the rendering of an award, the
20chairman of the arbitration panel, if he is of the opinion that
21it would be useful or beneficial to do so, may remand the
22dispute to the parties for further collective bargaining for a
23period not to exceed 2 weeks. If the dispute is remanded for
24further collective bargaining the time provisions of this Act
25shall be extended for a time period equal to that of the
26remand. The chairman of the panel of arbitration shall notify

 

 

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1the Board of the remand.
2    (g) At or before the conclusion of the hearing held
3pursuant to subsection (d), the arbitration panel shall
4identify the economic issues in dispute, and direct each of
5the parties to submit, within such time limit as the panel
6shall prescribe, to the arbitration panel and to each other
7its last offer of settlement on each economic issue. The
8determination of the arbitration panel as to the issues in
9dispute and as to which of these issues are economic shall be
10conclusive. The arbitration panel, within 30 days after the
11conclusion of the hearing, or such further additional periods
12to which the parties may agree, shall make written findings of
13fact and promulgate a written opinion and shall mail or
14otherwise deliver a true copy thereof to the parties and their
15representatives and to the Board. As to each economic issue,
16the arbitration panel shall adopt the last offer of settlement
17which, in the opinion of the arbitration panel, more nearly
18complies with the applicable factors prescribed in subsection
19(h). The findings, opinions and order as to all other issues
20shall be based upon the applicable factors prescribed in
21subsection (h).
22    (h) Where there is no agreement between the parties, or
23where there is an agreement but the parties have begun
24negotiations or discussions looking to a new agreement or
25amendment of the existing agreement, and wage rates or other
26conditions of employment under the proposed new or amended

 

 

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1agreement are in dispute, the arbitration panel shall base its
2findings, opinions and order upon the following factors, as
3applicable:
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
9decision shall be limited to wages, hours, and conditions of
10employment (which may include residency requirements in
11municipalities with a population under 1,000,000, but those
12residency requirements shall not allow residency outside of
13Illinois) and shall not include the following: i) residency
14requirements in municipalities with a population of at least
151,000,000; ii) the type of equipment, other than uniforms,
16issued or used; iii) manning; iv) the total number of
17employees employed by the department; v) mutual aid and
18assistance agreements to other units of government; and vi)
19the criterion pursuant to which force, including deadly force,
20can be used; provided, nothing herein shall preclude an
21arbitration decision regarding equipment or manning levels if
22such decision is based on a finding that the equipment or
23manning considerations in a specific work assignment involve a
24serious risk to the safety of a peace officer beyond that which
25is inherent in the normal performance of police duties.
26Limitation of the terms of the arbitration decision pursuant

 

 

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1to this subsection shall not be construed to limit the factors
2upon which the decision may be based, as set forth in
3subsection (h).
4    In the case of fire fighter, and fire department or fire
5district paramedic matters, the arbitration decision shall be
6limited to wages, hours, and conditions of employment
7(including manning and also including residency requirements
8in municipalities with a population under 1,000,000, but those
9residency requirements shall not allow residency outside of
10Illinois) and shall not include the following matters: i)
11residency requirements in municipalities with a population of
12at least 1,000,000; ii) the type of equipment (other than
13uniforms and fire fighter turnout gear) issued or used; iii)
14the total number of employees employed by the department; iv)
15mutual aid and assistance agreements to other units of
16government; and v) the criterion pursuant to which force,
17including deadly force, can be used; provided, however,
18nothing herein shall preclude an arbitration decision
19regarding equipment levels if such decision is based on a
20finding that the equipment considerations in a specific work
21assignment involve a serious risk to the safety of a fire
22fighter beyond that which is inherent in the normal
23performance of fire fighter duties. Limitation of the terms of
24the arbitration decision pursuant to this subsection shall not
25be construed to limit the facts upon which the decision may be
26based, as set forth in subsection (h).

 

 

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1    The changes to this subsection (i) made by Public Act
290-385 (relating to residency requirements) do not apply to
3persons who are employed by a combined department that
4performs both police and firefighting services; these persons
5shall be governed by the provisions of this subsection (i)
6relating to peace officers, as they existed before the
7amendment by Public Act 90-385.
8    To preserve historical bargaining rights, this subsection
9shall not apply to any provision of a fire fighter collective
10bargaining agreement in effect and applicable on the effective
11date of this Act; provided, however, nothing herein shall
12preclude arbitration with respect to any such provision.
13    (j) Arbitration procedures shall be deemed to be initiated
14by the filing of a letter requesting mediation as required
15under subsection (a) of this Section. The commencement of a
16new municipal fiscal year after the initiation of arbitration
17procedures under this Act, but before the arbitration
18decision, or its enforcement, shall not be deemed to render a
19dispute moot, or to otherwise impair the jurisdiction or
20authority of the arbitration panel or its decision. Increases
21in rates of compensation awarded by the arbitration panel may
22be effective only at the start of the fiscal year next
23commencing after the date of the arbitration award. If a new
24fiscal year has commenced either since the initiation of
25arbitration procedures under this Act or since any mutually
26agreed extension of the statutorily required period of

 

 

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1mediation under this Act by the parties to the labor dispute
2causing a delay in the initiation of arbitration, the
3foregoing limitations shall be inapplicable, and such awarded
4increases may be retroactive to the commencement of the fiscal
5year, any other statute or charter provisions to the contrary,
6notwithstanding. At any time the parties, by stipulation, may
7amend or modify an award of arbitration.
8    (k) Orders of the arbitration panel shall be reviewable,
9upon appropriate petition by either the public employer or the
10exclusive bargaining representative, by the circuit court for
11the county in which the dispute arose or in which a majority of
12the affected employees reside, but only for reasons that the
13arbitration panel was without or exceeded its statutory
14authority; the order is arbitrary, or capricious; or the order
15was procured by fraud, collusion or other similar and unlawful
16means. Such petitions for review must be filed with the
17appropriate circuit court within 90 days following the
18issuance of the arbitration order. The pendency of such
19proceeding for review shall not automatically stay the order
20of the arbitration panel. The party against whom the final
21decision of any such court shall be adverse, if such court
22finds such appeal or petition to be frivolous, shall pay
23reasonable attorneys' fees and costs to the successful party
24as determined by said court in its discretion. If said court's
25decision affirms the award of money, such award, if
26retroactive, shall bear interest at the rate of 12 percent per

 

 

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1annum from the effective retroactive date.
2    (l) During the pendency of proceedings before the
3arbitration panel, existing wages, hours, and other conditions
4of employment shall not be changed by action of either party
5without the consent of the other but a party may so consent
6without prejudice to his rights or position under this Act.
7The proceedings are deemed to be pending before the
8arbitration panel upon the initiation of arbitration
9procedures under this Act.
10    (m) Security officers of public employers, and Peace
11Officers, Fire Fighters and fire department and fire
12protection district paramedics, covered by this Section may
13not withhold services, nor may public employers lock out or
14prevent such employees from performing services at any time.
15    (n) All of the terms decided upon by the arbitration panel
16shall be included in an agreement to be submitted to the public
17employer's governing body for ratification and adoption by
18law, ordinance or the equivalent appropriate means.
19    The governing body shall review each term decided by the
20arbitration panel. If the governing body fails to reject one
21or more terms of the arbitration panel's decision by a 3/5 vote
22of those duly elected and qualified members of the governing
23body, within 20 days of issuance, or in the case of
24firefighters employed by a state university, at the next
25regularly scheduled meeting of the governing body after
26issuance, such term or terms shall become a part of the

 

 

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1collective bargaining agreement of the parties. If the
2governing body affirmatively rejects one or more terms of the
3arbitration panel's decision, it must provide reasons for such
4rejection with respect to each term so rejected, within 20
5days of such rejection and the parties shall return to the
6arbitration panel for further proceedings and issuance of a
7supplemental decision with respect to the rejected terms. Any
8supplemental decision by an arbitration panel or other
9decision maker agreed to by the parties shall be submitted to
10the governing body for ratification and adoption in accordance
11with the procedures and voting requirements set forth in this
12Section. The voting requirements of this subsection shall
13apply to all disputes submitted to arbitration pursuant to
14this Section notwithstanding any contrary voting requirements
15contained in any existing collective bargaining agreement
16between the parties.
17    (o) If the governing body of the employer votes to reject
18the panel's decision, the parties shall return to the panel
19within 30 days from the issuance of the reasons for rejection
20for further proceedings and issuance of a supplemental
21decision. All reasonable costs of such supplemental proceeding
22including the exclusive representative's reasonable attorney's
23fees, as established by the Board, shall be paid by the
24employer.
25    (p) Notwithstanding the provisions of this Section the
26employer and exclusive representative may agree to submit

 

 

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1unresolved disputes concerning wages, hours, terms and
2conditions of employment to an alternative form of impasse
3resolution.
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
7disputes.
8    (a) In the case of collective bargaining agreements
9involving units of security employees of a public employer,
10Peace Officer Units, or units of fire fighters or paramedics,
11and in the case of disputes under Section 18, unless the
12parties mutually agree to some other time limit, mediation
13shall commence 30 days prior to the expiration date of such
14agreement or at such later time as the mediation services
15chosen under subsection (b) of Section 12 can be provided to
16the parties. In the case of negotiations for an initial
17collective bargaining agreement, mediation shall commence upon
1815 days notice from either party or at such later time as the
19mediation services chosen pursuant to subsection (b) of
20Section 12 can be provided to the parties. In mediation under
21this Section, if either party requests the use of mediation
22services from the Federal Mediation and Conciliation Service,
23the other party shall either join in such request or bear the
24additional cost of mediation services from another source. The
25mediator shall have a duty to keep the Board informed on the

 

 

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1progress of the mediation. If any dispute has not been
2resolved within 15 days after the first meeting of the parties
3and the mediator, or within such other time limit as may be
4mutually agreed upon by the parties, either the exclusive
5representative or employer may request of the other, in
6writing, arbitration, and shall submit a copy of the request
7to the Board.
8    (b) Within 10 days after such a request for arbitration
9has been made, the employer shall choose a delegate and the
10employees' exclusive representative shall choose a delegate to
11a panel of arbitration as provided in this Section. The
12employer and employees shall forthwith advise the other and
13the Board of their selections.
14    (c) Within 7 days after the request of either party, the
15parties shall request a panel of impartial arbitrators from
16which they shall select the neutral chairman according to the
17procedures provided in this Section. If the parties have
18agreed to a contract that contains a grievance resolution
19procedure as provided in Section 8, the chairman shall be
20selected using their agreed contract procedure unless they
21mutually agree to another procedure. If the parties fail to
22notify the Board of their selection of neutral chairman within
237 days after receipt of the list of impartial arbitrators, the
24Board shall appoint, at random, a neutral chairman from the
25list. In the absence of an agreed contract procedure for
26selecting an impartial arbitrator, either party may request a

 

 

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1panel from the Board. Within 7 days of the request of either
2party, the Board shall select from the Public Employees Labor
3Mediation Roster 7 persons who are on the labor arbitration
4panels of either the American Arbitration Association or the
5Federal Mediation and Conciliation Service, or who are members
6of the National Academy of Arbitrators, as nominees for
7impartial arbitrator of the arbitration panel. The parties may
8select an individual on the list provided by the Board or any
9other individual mutually agreed upon by the parties. Within 7
10days following the receipt of the list, the parties shall
11notify the Board of the person they have selected. Unless the
12parties agree on an alternate selection procedure, they shall
13alternatively strike one name from the list provided by the
14Board until only one name remains. A coin toss shall determine
15which party shall strike the first name. If the parties fail to
16notify the Board in a timely manner of their selection for
17neutral chairman, the Board shall appoint a neutral chairman
18from the Illinois Public Employees Mediation/Arbitration
19Roster.
20    (d) The chairman shall call a hearing to begin within 15
21days and give reasonable notice of the time and place of the
22hearing. The hearing shall be held at the offices of the Board
23or at such other location as the Board deems appropriate. The
24chairman shall preside over the hearing and shall take
25testimony. Any oral or documentary evidence and other data
26deemed relevant by the arbitration panel may be received in

 

 

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1evidence. The proceedings shall be informal. Technical rules
2of evidence shall not apply and the competency of the evidence
3shall not thereby be deemed impaired. A verbatim record of the
4proceedings shall be made and the arbitrator shall arrange for
5the necessary recording service. Transcripts may be ordered at
6the expense of the party ordering them, but the transcripts
7shall not be necessary for a decision by the arbitration
8panel. The expense of the proceedings, including a fee for the
9chairman, shall be borne equally by each of the parties to the
10dispute. The delegates, if public officers or employees, shall
11continue on the payroll of the public employer without loss of
12pay. The hearing conducted by the arbitration panel may be
13adjourned from time to time, but unless otherwise agreed by
14the parties, shall be concluded within 30 days of the time of
15its commencement. Majority actions and rulings shall
16constitute the actions and rulings of the arbitration panel.
17Arbitration proceedings under this Section shall not be
18interrupted or terminated by reason of any unfair labor
19practice charge filed by either party at any time.
20    (e) The arbitration panel may administer oaths, require
21the attendance of witnesses, and the production of such books,
22papers, contracts, agreements and documents as may be deemed
23by it material to a just determination of the issues in
24dispute, and for such purpose may issue subpoenas. If any
25person refuses to obey a subpoena, or refuses to be sworn or to
26testify, or if any witness, party or attorney is guilty of any

 

 

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1contempt while in attendance at any hearing, the arbitration
2panel may, or the attorney general if requested shall, invoke
3the aid of any circuit court within the jurisdiction in which
4the hearing is being held, which court shall issue an
5appropriate order. Any failure to obey the order may be
6punished by the court as contempt.
7    (f) At any time before the rendering of an award, the
8chairman of the arbitration panel, if he is of the opinion that
9it would be useful or beneficial to do so, may remand the
10dispute to the parties for further collective bargaining for a
11period not to exceed 2 weeks. If the dispute is remanded for
12further collective bargaining the time provisions of this Act
13shall be extended for a time period equal to that of the
14remand. The chairman of the panel of arbitration shall notify
15the Board of the remand.
16    (g) At or before the conclusion of the hearing held
17pursuant to subsection (d), the arbitration panel shall
18identify the economic issues in dispute, and direct each of
19the parties to submit, within such time limit as the panel
20shall prescribe, to the arbitration panel and to each other
21its last offer of settlement on each economic issue. The
22determination of the arbitration panel as to the issues in
23dispute and as to which of these issues are economic shall be
24conclusive. The arbitration panel, within 30 days after the
25conclusion of the hearing, or such further additional periods
26to which the parties may agree, shall make written findings of

 

 

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1fact and promulgate a written opinion and shall mail or
2otherwise deliver a true copy thereof to the parties and their
3representatives and to the Board. As to each economic issue,
4the arbitration panel shall adopt the last offer of settlement
5which, in the opinion of the arbitration panel, more nearly
6complies with the applicable factors prescribed in subsection
7(h). The findings, opinions and order as to all other issues
8shall be based upon the applicable factors prescribed in
9subsection (h).
10    (h) Where there is no agreement between the parties, or
11where there is an agreement but the parties have begun
12negotiations or discussions looking to a new agreement or
13amendment of the existing agreement, and wage rates or other
14conditions of employment under the proposed new or amended
15agreement are in dispute, the arbitration panel shall base its
16findings, opinions and order upon the following factors, as
17applicable:
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
23decision shall be limited to wages, hours, and conditions of
24employment (which may include residency requirements in
25municipalities with a population under 100,000, but those
26residency requirements shall not allow residency outside of

 

 

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1Illinois) and shall not include the following: i) residency
2requirements in municipalities with a population of at least
3100,000; ii) the type of equipment, other than uniforms,
4issued or used; iii) manning; iv) the total number of
5employees employed by the department; v) mutual aid and
6assistance agreements to other units of government; and vi)
7the criterion pursuant to which force, including deadly force,
8can be used; provided, nothing herein shall preclude an
9arbitration decision regarding equipment or manning levels if
10such decision is based on a finding that the equipment or
11manning considerations in a specific work assignment involve a
12serious risk to the safety of a peace officer beyond that which
13is inherent in the normal performance of police duties.
14Limitation of the terms of the arbitration decision pursuant
15to this subsection shall not be construed to limit the factors
16upon which the decision may be based, as set forth in
17subsection (h).
18    In the case of fire fighter, and fire department or fire
19district paramedic matters, the arbitration decision shall be
20limited to wages, hours, and conditions of employment
21(including manning and also including residency requirements
22in municipalities with a population under 1,000,000, but those
23residency requirements shall not allow residency outside of
24Illinois) and shall not include the following matters: i)
25residency requirements in municipalities with a population of
26at least 1,000,000; ii) the type of equipment (other than

 

 

10200HB3443sam005- 22 -LRB102 12812 RLC 27417 a

1uniforms and fire fighter turnout gear) issued or used; iii)
2the total number of employees employed by the department; iv)
3mutual aid and assistance agreements to other units of
4government; and v) the criterion pursuant to which force,
5including deadly force, can be used; provided, however,
6nothing herein shall preclude an arbitration decision
7regarding equipment levels if such decision is based on a
8finding that the equipment considerations in a specific work
9assignment involve a serious risk to the safety of a fire
10fighter beyond that which is inherent in the normal
11performance of fire fighter duties. Limitation of the terms of
12the arbitration decision pursuant to this subsection shall not
13be construed to limit the facts upon which the decision may be
14based, as set forth in subsection (h).
15    The changes to this subsection (i) made by Public Act
1690-385 (relating to residency requirements) do not apply to
17persons who are employed by a combined department that
18performs both police and firefighting services; these persons
19shall be governed by the provisions of this subsection (i)
20relating to peace officers, as they existed before the
21amendment by Public Act 90-385.
22    To preserve historical bargaining rights, this subsection
23shall not apply to any provision of a fire fighter collective
24bargaining agreement in effect and applicable on the effective
25date of this Act; provided, however, nothing herein shall
26preclude arbitration with respect to any such provision.

 

 

10200HB3443sam005- 23 -LRB102 12812 RLC 27417 a

1    (j) Arbitration procedures shall be deemed to be initiated
2by the filing of a letter requesting mediation as required
3under subsection (a) of this Section. The commencement of a
4new municipal fiscal year after the initiation of arbitration
5procedures under this Act, but before the arbitration
6decision, or its enforcement, shall not be deemed to render a
7dispute moot, or to otherwise impair the jurisdiction or
8authority of the arbitration panel or its decision. Increases
9in rates of compensation awarded by the arbitration panel may
10be effective only at the start of the fiscal year next
11commencing after the date of the arbitration award. If a new
12fiscal year has commenced either since the initiation of
13arbitration procedures under this Act or since any mutually
14agreed extension of the statutorily required period of
15mediation under this Act by the parties to the labor dispute
16causing a delay in the initiation of arbitration, the
17foregoing limitations shall be inapplicable, and such awarded
18increases may be retroactive to the commencement of the fiscal
19year, any other statute or charter provisions to the contrary,
20notwithstanding. At any time the parties, by stipulation, may
21amend or modify an award of arbitration.
22    (k) Orders of the arbitration panel shall be reviewable,
23upon appropriate petition by either the public employer or the
24exclusive bargaining representative, by the circuit court for
25the county in which the dispute arose or in which a majority of
26the affected employees reside, but only for reasons that the

 

 

10200HB3443sam005- 24 -LRB102 12812 RLC 27417 a

1arbitration panel was without or exceeded its statutory
2authority; the order is arbitrary, or capricious; or the order
3was procured by fraud, collusion or other similar and unlawful
4means. Such petitions for review must be filed with the
5appropriate circuit court within 90 days following the
6issuance of the arbitration order. The pendency of such
7proceeding for review shall not automatically stay the order
8of the arbitration panel. The party against whom the final
9decision of any such court shall be adverse, if such court
10finds such appeal or petition to be frivolous, shall pay
11reasonable attorneys' fees and costs to the successful party
12as determined by said court in its discretion. If said court's
13decision affirms the award of money, such award, if
14retroactive, shall bear interest at the rate of 12 percent per
15annum from the effective retroactive date.
16    (l) During the pendency of proceedings before the
17arbitration panel, existing wages, hours, and other conditions
18of employment shall not be changed by action of either party
19without the consent of the other but a party may so consent
20without prejudice to his rights or position under this Act.
21The proceedings are deemed to be pending before the
22arbitration panel upon the initiation of arbitration
23procedures under this Act.
24    (m) Security officers of public employers, and Peace
25Officers, Fire Fighters and fire department and fire
26protection district paramedics, covered by this Section may

 

 

10200HB3443sam005- 25 -LRB102 12812 RLC 27417 a

1not withhold services, nor may public employers lock out or
2prevent such employees from performing services at any time.
3    (n) All of the terms decided upon by the arbitration panel
4shall be included in an agreement to be submitted to the public
5employer's governing body for ratification and adoption by
6law, ordinance or the equivalent appropriate means.
7    The governing body shall review each term decided by the
8arbitration panel. If the governing body fails to reject one
9or more terms of the arbitration panel's decision by a 3/5 vote
10of those duly elected and qualified members of the governing
11body, within 20 days of issuance, or in the case of
12firefighters employed by a state university, at the next
13regularly scheduled meeting of the governing body after
14issuance, such term or terms shall become a part of the
15collective bargaining agreement of the parties. If the
16governing body affirmatively rejects one or more terms of the
17arbitration panel's decision, it must provide reasons for such
18rejection with respect to each term so rejected, within 20
19days of such rejection and the parties shall return to the
20arbitration panel for further proceedings and issuance of a
21supplemental decision with respect to the rejected terms. Any
22supplemental decision by an arbitration panel or other
23decision maker agreed to by the parties shall be submitted to
24the governing body for ratification and adoption in accordance
25with the procedures and voting requirements set forth in this
26Section. The voting requirements of this subsection shall

 

 

10200HB3443sam005- 26 -LRB102 12812 RLC 27417 a

1apply to all disputes submitted to arbitration pursuant to
2this Section notwithstanding any contrary voting requirements
3contained in any existing collective bargaining agreement
4between the parties.
5    (o) If the governing body of the employer votes to reject
6the panel's decision, the parties shall return to the panel
7within 30 days from the issuance of the reasons for rejection
8for further proceedings and issuance of a supplemental
9decision. All reasonable costs of such supplemental proceeding
10including the exclusive representative's reasonable attorney's
11fees, as established by the Board, shall be paid by the
12employer.
13    (p) Notwithstanding the provisions of this Section the
14employer and exclusive representative may agree to submit
15unresolved disputes concerning wages, hours, terms and
16conditions of employment to an alternative form of impasse
17resolution.
18    The amendatory changes to this Section made by Public Act
19101-652 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
22Section 17c as follows:
 
23    (20 ILCS 2610/17c)
24    Sec. 17c. Military equipment surplus program.

 

 

10200HB3443sam005- 27 -LRB102 12812 RLC 27417 a

1    (a) For purposes of this Section:
2    "Bayonet" means a large knife designed to be attached to
3the muzzle of a rifle, shotgun, or long gun for the purpose of
4hand-to-hand combat.
5    "Grenade launcher" means a firearm or firearm accessory
6used designed to launch fragmentary small explosive rounds
7designed to inflict death or cause great bodily harm
8projectiles.
9    "Military equipment surplus program" means any federal or
10State program allowing a law enforcement agency to obtain
11surplus military equipment including, but not limit to, any
12program organized under Section 1122 of the National Defense
13Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or
14Section 1033 of the National Defense Authorization Act for
15Fiscal Year 1997 (Pub. L. 104-201), or any program established
16under 10 U.S.C. 2576a.
17    "Tracked armored vehicle" means a vehicle that provides
18ballistic protection to its occupants and utilizes a tracked
19system instead installed of wheels for forward motion, not
20including vehicles listed in the Authorized Equipment List as
21published by the Federal Emergency Management Agency.
22    "Weaponized aircraft, vessel, or vehicle" means any
23aircraft, vessel, or vehicle with weapons installed.
24    (b) The Illinois State Police shall not request or receive
25from any military equipment surplus program nor purchase or
26otherwise utilize the following equipment:

 

 

10200HB3443sam005- 28 -LRB102 12812 RLC 27417 a

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
8not prohibited by this Section from a military equipment
9surplus program, the Illinois State Police shall publish
10notice of the request on a publicly accessible website
11maintained by the Illinois State Police within 14 days after
12the request.
13(Source: P.A. 101-652, eff. 7-1-21.)
 
14    Section 10. The Task Force on Constitutional Rights and
15Remedies Act is amended by changing Sections 4-10 and 4-15 as
16follows:
 
17    (20 ILCS 5165/4-10)
18    (This Section may contain text from a Public Act with a
19delayed 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
23shall be comprised of the following members:
24        (1) The president of statewide association

 

 

10200HB3443sam005- 29 -LRB102 12812 RLC 27417 a

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

 

 

10200HB3443sam005- 30 -LRB102 12812 RLC 27417 a

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
4compensation.
5    (c) The Illinois Criminal Justice Information Authority
6shall provide administrative and technical support to the Task
7Force and be responsible for administering its operations,
8appointing a chairperson, and ensuring that the requirements
9of the Task Force are met. The President of the Senate and the
10Speaker of the House of Representatives shall appoint
11co-chairpersons for the Task Force. The Task Force shall have
12all appointments made within 30 days of the effective date of
13this 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
17delayed 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
21first meeting occurring within 60 days after the effective
22date of this amendatory Act of the 101st General Assembly.
23    (b) The Task Force shall review available research, best
24practices, and effective interventions to formulate
25recommendations.

 

 

10200HB3443sam005- 31 -LRB102 12812 RLC 27417 a

1    (c) The Task Force shall produce a report detailing the
2Task Force's findings and recommendations and needed
3resources. The Task Force shall submit a report of its
4findings and recommendations to the General Assembly and the
5Governor 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
8changing 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
12adopt rules and minimum standards for such schools which shall
13include, 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

 

 

10200HB3443sam005- 32 -LRB102 12812 RLC 27417 a

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

 

 

10200HB3443sam005- 33 -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

 

 

10200HB3443sam005- 34 -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

 

 

10200HB3443sam005- 35 -LRB102 12812 RLC 27417 a

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

 

 

10200HB3443sam005- 36 -LRB102 12812 RLC 27417 a

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.

 

 

10200HB3443sam005- 37 -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;
12100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff.
131-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215,
14eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19;
15101-564, eff. 1-1-20; revised 9-10-19.)
 
16    (Text of Section after amendment by P.A. 101-652, Article
1710, Section 10-143 but before amendment by P.A. 101-652,
18Article 25, Section 25-40)
19    Sec. 7. Rules and standards for schools. The Board shall
20adopt rules and minimum standards for such schools which shall
21include, 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

 

 

10200HB3443sam005- 38 -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

 

 

10200HB3443sam005- 39 -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

 

 

10200HB3443sam005- 40 -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

 

 

10200HB3443sam005- 41 -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

 

 

10200HB3443sam005- 42 -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

 

 

10200HB3443sam005- 43 -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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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
5101-652 shall take effect January 1, 2022.
6(Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18;
7100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff.
81-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215,
9eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19;
10101-564, eff. 1-1-20; P.A. 101-652, Article 10, Section
1110-143, eff. 7-1-21.)
 
12    (Text of Section after amendment by P.A. 101-652, Article
1325, Section 25-40)
14    Sec. 7. Rules and standards for schools. The Board shall
15adopt rules and minimum standards for such schools which shall
16include, 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

 

 

10200HB3443sam005- 45 -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

 

 

10200HB3443sam005- 46 -LRB102 12812 RLC 27417 a

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

 

 

10200HB3443sam005- 47 -LRB102 12812 RLC 27417 a

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

 

 

10200HB3443sam005- 49 -LRB102 12812 RLC 27417 a

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.

 

 

10200HB3443sam005- 50 -LRB102 12812 RLC 27417 a

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

 

 

10200HB3443sam005- 51 -LRB102 12812 RLC 27417 a

1    forth in Section 10.6.
2    The amendatory changes to this Section made by Public Act
3101-652 shall take effect January 1, 2022.
4(Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18;
5100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff.
61-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215,
7eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19;
8101-564, eff. 1-1-20; P.A. 101-652, Article 10, Section
910-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff.
101-1-22; 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
14officers.
15    (a) After January 1, 1976, no person shall receive a
16permanent appointment as a law enforcement officer as defined
17in this Act nor shall any person receive, after the effective
18date of this amendatory Act of 1984, a permanent appointment
19as a county corrections officer unless that person has been
20awarded, within 6 months of his or her initial full-time
21employment, a certificate attesting to his or her successful
22completion of the Minimum Standards Basic Law Enforcement and
23County Correctional Training Course as prescribed by the
24Board; or has been awarded a certificate attesting to his or
25her satisfactory completion of a training program of similar

 

 

10200HB3443sam005- 52 -LRB102 12812 RLC 27417 a

1content and number of hours and which course has been found
2acceptable by the Board under the provisions of this Act; or by
3reason of extensive prior law enforcement or county
4corrections experience the basic training requirement is
5determined by the Board to be illogical and unreasonable.
6    If such training is required and not completed within the
7applicable 6 months, then the officer must forfeit his or her
8position, or the employing agency must obtain a waiver from
9the Board extending the period for compliance. Such waiver
10shall be issued only for good and justifiable reasons, and in
11no case shall extend more than 90 days beyond the initial 6
12months. Any hiring agency that fails to train a law
13enforcement officer within this period shall be prohibited
14from employing this individual in a law enforcement capacity
15for one year from the date training was to be completed. If an
16agency again fails to train the individual a second time, the
17agency shall be permanently barred from employing this
18individual in a law enforcement capacity.
19    (b) No provision of this Section shall be construed to
20mean that a law enforcement officer employed by a local
21governmental agency at the time of the effective date of this
22amendatory Act, either as a probationary police officer or as
23a permanent police officer, shall require certification under
24the provisions of this Section. No provision of this Section
25shall be construed to mean that a county corrections officer
26employed by a local governmental agency at the time of the

 

 

10200HB3443sam005- 53 -LRB102 12812 RLC 27417 a

1effective date of this amendatory Act of 1984, either as a
2probationary county corrections or as a permanent county
3corrections officer, shall require certification under the
4provisions of this Section. No provision of this Section shall
5be construed to apply to certification of elected county
6sheriffs.
7    (c) This Section does not apply to part-time police
8officers 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
12officers.
13    (a) No person shall receive a permanent appointment as a
14law enforcement officer or a permanent appointment as a county
15corrections officer unless that person has been awarded,
16within 6 months of the officer's initial full-time employment,
17a certificate attesting to the officer's successful completion
18of the Minimum Standards Basic Law Enforcement or County
19Correctional Training Course as prescribed by the Board; or
20has been awarded a certificate attesting to the officer's
21satisfactory completion of a training program of similar
22content and number of hours and which course has been found
23acceptable by the Board under the provisions of this Act; or a
24training waiver by reason of extensive prior law enforcement
25or county corrections experience the basic training

 

 

10200HB3443sam005- 54 -LRB102 12812 RLC 27417 a

1requirement is determined by the Board to be illogical and
2unreasonable.
3    If such training is required and not completed within the
4applicable 6 months, then the officer must forfeit the
5officer's position, or the employing agency must obtain a
6waiver from the Board extending the period for compliance.
7Such waiver shall be issued only for good and justifiable
8reasons, and in no case shall extend more than 90 days beyond
9the initial 6 months. Any hiring agency that fails to train a
10law enforcement officer within this period shall be prohibited
11from employing this individual in a law enforcement capacity
12for one year from the date training was to be completed. If an
13agency again fails to train the individual a second time, the
14agency shall be permanently barred from employing this
15individual in a law enforcement capacity.
16    An individual who is not certified by the Board or whose
17certified status is inactive shall not function as a law
18enforcement officer, be assigned the duties of a law
19enforcement officer by an employing agency, or be authorized
20to carry firearms under the authority of the employer, except
21as otherwise authorized to carry a firearm under State or
22federal law. Sheriffs who are elected as of the effective date
23of this Amendatory Act of the 101st General Assembly, are
24exempt from the requirement of certified status. Failure to be
25certified in accordance with this Act shall cause the officer
26to forfeit the officer's position.

 

 

10200HB3443sam005- 55 -LRB102 12812 RLC 27417 a

1    An employing agency may not grant a person status as a law
2enforcement officer unless the person has been granted an
3active law enforcement officer certification by the Board.
4    (b) Inactive status. A person who has an inactive law
5enforcement officer certification has no law enforcement
6authority.
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

 

 

10200HB3443sam005- 56 -LRB102 12812 RLC 27417 a

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

 

 

10200HB3443sam005- 57 -LRB102 12812 RLC 27417 a

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
14mean that a county corrections officer employed by a
15governmental agency at the time of the effective date of this
16amendatory Act, either as a probationary county corrections or
17as a permanent county corrections officer, shall require
18certification under the provisions of this Section. No
19provision of this Section shall be construed to apply to
20certification of elected county sheriffs.
21    (d) Within 14 days, a law enforcement officer shall report
22to the Board: (1) any name change; (2) any change in
23employment; or (3) the filing of any criminal indictment or
24charges against the officer alleging that the officer
25committed any offense as enumerated in Section 6.1 of this
26Act.

 

 

10200HB3443sam005- 58 -LRB102 12812 RLC 27417 a

1    (e) All law enforcement officers must report the
2completion of the training requirements required in this Act
3in compliance with Section 8.4 of this Act.
4    (e-1) Each employing governmental agency shall allow and
5provide an opportunity for a law enforcement officer to
6complete the mandated requirements in this Act. All mandated
7training will be provided for at no cost to the employees.
8Employees shall be paid for all time spent attending mandated
9training.
10    (f) This Section does not apply to part-time law
11enforcement officers or probationary part-time law enforcement
12officers.
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
16delayed effective date)
17    Sec. 10.6. Mandatory training to be completed every 3
18years. The Board shall adopt rules and minimum standards for
19in-service training requirements as set forth in this Section.
20The training shall provide officers with knowledge of policies
21and laws regulating the use of force; equip officers with
22tactics and skills, including de-escalation techniques, to
23prevent or reduce the need to use force or, when force must be
24used, to use force that is objectively reasonable, necessary,
25and proportional under the totality of the circumstances; and

 

 

10200HB3443sam005- 59 -LRB102 12812 RLC 27417 a

1ensure appropriate supervision and accountability. The
2training shall consist of at least 30 hours of training every 3
3years 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
22health awareness training.
23    (a) The Illinois Law Enforcement Training Standards Board
24shall develop and approve a standard curriculum for certified
25training programs in crisis intervention addressing

 

 

10200HB3443sam005- 60 -LRB102 12812 RLC 27417 a

1specialized policing responses to people with mental
2illnesses. The Board shall conduct Crisis Intervention Team
3(CIT) training programs that train officers to identify signs
4and symptoms of mental illness, to de-escalate situations
5involving individuals who appear to have a mental illness, and
6connect that person in crisis to treatment. Officers who have
7successfully completed this program shall be issued a
8certificate attesting to their attendance of a Crisis
9Intervention Team (CIT) training program.
10    (b) The Board shall create an introductory course
11incorporating adult learning models that provides law
12enforcement officers with an awareness of mental health issues
13including a history of the mental health system, types of
14mental health illness including signs and symptoms of mental
15illness and common treatments and medications, and the
16potential interactions law enforcement officers may have on a
17regular basis with these individuals, their families, and
18service providers including de-escalating a potential crisis
19situation. This course, in addition to other traditional
20learning settings, may be made available in an electronic
21format.
22(Source: P.A. 99-261, eff. 1-1-16; 99-642, eff. 7-28-16;
23100-247, eff. 1-1-18.)
 
24    (Text of Section after amendment by P.A. 101-652)
25    Sec. 10.17. Crisis intervention team training; mental

 

 

10200HB3443sam005- 61 -LRB102 12812 RLC 27417 a

1health awareness training.
2    (a) The Illinois Law Enforcement Training Standards Board
3shall develop and approve a standard curriculum for certified
4training programs in crisis intervention, including a
5specialty certification course of at least 40 hours,
6addressing specialized policing responses to people with
7mental illnesses. The Board shall conduct Crisis Intervention
8Team (CIT) training programs that train officers to identify
9signs and symptoms of mental illness, to de-escalate
10situations involving individuals who appear to have a mental
11illness, and connect that person in crisis to treatment.
12Crisis Intervention Team (CIT) training programs shall be a
13collaboration between law enforcement professionals, mental
14health providers, families, and consumer advocates and must
15minimally include the following components: (1) basic
16information about mental illnesses and how to recognize them;
17(2) information about mental health laws and resources; (3)
18learning from family members of individuals with mental
19illness and their experiences; and (4) verbal de-escalation
20training and role-plays. Officers who have successfully
21completed this program shall be issued a certificate attesting
22to their attendance of a Crisis Intervention Team (CIT)
23training program.
24    (b) The Board shall create an introductory course
25incorporating adult learning models that provides law
26enforcement officers with an awareness of mental health issues

 

 

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1including a history of the mental health system, types of
2mental health illness including signs and symptoms of mental
3illness and common treatments and medications, and the
4potential interactions law enforcement officers may have on a
5regular basis with these individuals, their families, and
6service providers including de-escalating a potential crisis
7situation. This course, in addition to other traditional
8learning settings, may be made available in an electronic
9format.
10    The amendatory changes to this Section made by Public Act
11101-652 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
14Act is amended by changing Sections 10-15 and 10-20 as
15follows:
 
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
19which employs the use of officer-worn body cameras is subject
20to the provisions of this Act, whether or not the agency
21receives or has received monies from the Law Enforcement
22Camera 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
4officer-worn body cameras in accordance with the provisions of
5this Act, whether or not the agency receives or has received
6monies from the Law Enforcement Camera Grant Fund.
7    (b) All law enforcement agencies must implement the use of
8body cameras for all law enforcement officers, according to
9the 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
26requirements under this Section shall receive preference by

 

 

10200HB3443sam005- 64 -LRB102 12812 RLC 27417 a

1the Illinois Law Enforcement Training Standards Board in
2awarding grant funding under the Law Enforcement Camera Grant
3Act.
4    (d) This Section does not apply to court security
5officers, State's Attorney investigators, and Attorney General
6investigators.
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
12of officer-worn body cameras by law enforcement agencies. The
13guidelines developed by the Board shall be the basis for the
14written policy which must be adopted by each law enforcement
15agency which employs the use of officer-worn body cameras. The
16written policy adopted by the law enforcement agency must
17include, 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
13camera are not subject to disclosure under the Freedom of
14Information 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),
13the subject of the encounter does not have a reasonable
14expectation of privacy if the subject was arrested as a result
15of the encounter. For purposes of subparagraph (A) of
16paragraph (1) of this subsection (b), "witness" does not
17include a person who is a victim or who was arrested as a
18result of the encounter.
19    Only recordings or portions of recordings responsive to
20the request shall be available for inspection or reproduction.
21Any recording disclosed under the Freedom of Information Act
22shall be redacted to remove identification of any person that
23appears on the recording and is not the officer, a subject of
24the encounter, or directly involved in the encounter. Nothing
25in this subsection (b) shall require the disclosure of any
26recording or portion of any recording which would be exempt

 

 

10200HB3443sam005- 72 -LRB102 12812 RLC 27417 a

1from disclosure under the Freedom of Information Act.
2    (c) Nothing in this Section shall limit access to a camera
3recording for the purposes of complying with Supreme Court
4rules 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
9of officer-worn body cameras by law enforcement agencies. The
10guidelines developed by the Board shall be the basis for the
11written policy which must be adopted by each law enforcement
12agency which employs the use of officer-worn body cameras. The
13written policy adopted by the law enforcement agency must
14include, 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

 

 

10200HB3443sam005- 73 -LRB102 12812 RLC 27417 a

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

 

 

10200HB3443sam005- 75 -LRB102 12812 RLC 27417 a

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)

 

 

10200HB3443sam005- 76 -LRB102 12812 RLC 27417 a

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

 

 

10200HB3443sam005- 77 -LRB102 12812 RLC 27417 a

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

 

 

10200HB3443sam005- 78 -LRB102 12812 RLC 27417 a

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

 

 

10200HB3443sam005- 79 -LRB102 12812 RLC 27417 a

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

 

 

10200HB3443sam005- 80 -LRB102 12812 RLC 27417 a

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
6camera are not subject to disclosure under the Freedom of
7Information 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

 

 

10200HB3443sam005- 81 -LRB102 12812 RLC 27417 a

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),
6the subject of the encounter does not have a reasonable
7expectation of privacy if the subject was arrested as a result
8of the encounter. For purposes of subparagraph (A) of
9paragraph (1) of this subsection (b), "witness" does not
10include a person who is a victim or who was arrested as a
11result of the encounter.
12    Only recordings or portions of recordings responsive to
13the request shall be available for inspection or reproduction.
14Any recording disclosed under the Freedom of Information Act
15shall be redacted to remove identification of any person that
16appears on the recording and is not the officer, a subject of
17the encounter, or directly involved in the encounter. Nothing
18in this subsection (b) shall require the disclosure of any
19recording or portion of any recording which would be exempt
20from disclosure under the Freedom of Information Act.
21    (c) Nothing in this Section shall limit access to a camera
22recording for the purposes of complying with Supreme Court
23rules 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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1changing 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
5shall submit to the Department of State Police on a monthly
6basis 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
23shall submit to the Department of State Police on a monthly
24basis 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
3Sections 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
6delayed 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
10the muzzle of a rifle, shotgun, or long gun for the purpose of
11hand-to-hand combat.
12    "Grenade launcher" means a firearm or firearm accessory
13used designed to launch fragmentary small explosive rounds
14designed to inflict death or cause great bodily harm
15projectiles.
16    "Military equipment surplus program" means any federal or
17State program allowing a law enforcement agency to obtain
18surplus military equipment including, but not limited to, any
19program organized under Section 1122 of the National Defense
20Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or
21Section 1033 of the National Defense Authorization Act for
22Fiscal Year 1997 (Pub. L. 104-201) or any program established
23under 10 U.S.C. 2576a.
24    "Tracked armored vehicle" means a vehicle that provides

 

 

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1ballistic protection to its occupants and utilizes a tracked
2system instead installed of wheels for forward motion not
3including vehicles listed in the Authorized Equipment List as
4published by the Federal Emergency Management Agency.
5    "Weaponized aircraft, vessel, or vehicle" means any
6aircraft, vessel, or vehicle with weapons installed.
7    (b) A sheriff's department shall not request or receive
8from any military equipment surplus program nor purchase or
9otherwise 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
17equipment in a manner inconsistent with this Section. This
18Section is a limitation under subsection (i) of Section 6 of
19Article VII of the Illinois Constitution on the concurrent
20exercise by home rule counties of powers and functions
21exercised by the State.
22    (d) If the sheriff requests property from a military
23equipment surplus program, the sheriff shall publish notice of
24the request on a publicly accessible website maintained by the
25sheriff 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
3delayed effective date)
4    Sec. 3-15003.8. Educational programming programing for
5pregnant prisoners. The Illinois Department of Public Health
6shall provide the county department of corrections with
7educational programming relating to pregnancy and parenting
8and the county department of corrections shall provide the
9programming to pregnant prisoners A county department of
10corrections shall develop and provide to each pregnant
11prisoner educational programming relating to pregnancy and
12parenting. 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
21changing 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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1delayed 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
5the muzzle of a rifle, shotgun, or long gun for the purposes of
6hand-to-hand combat.
7    "Grenade launcher" means a firearm or firearm accessory
8used designed to launch fragmentary small explosive rounds
9designed to inflict death or cause great bodily harm
10projectiles.
11    "Military equipment surplus program" means any federal or
12state program allowing a law enforcement agency to obtain
13surplus military equipment including, but not limit to, any
14program organized under Section 1122 of the National Defense
15Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or
16Section 1033 of the National Defense Authorization Act for
17Fiscal Year 1997 (Pub. L. 104-201) or any program established
18by the United States Department of Defense under 10 U.S.C.
192576a.
20    "Tracked armored vehicle" means a vehicle that provides
21ballistic protection to its occupants and utilizes a tracked
22system instead installed of wheels for forward motion not
23including vehicles listed in the Authorized Equipment List as
24published by the Federal Emergency Management Agency.
25    "Weaponized aircraft, vessels, or vehicles" means any
26aircraft, vessel, or vehicle with weapons installed.

 

 

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1    (b) A police department shall not request or receive from
2any military equipment surplus program nor purchase or
3otherwise 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
12acquisition of equipment in a manner inconsistent with this
13Section. This Section is a limitation under subsection (i) of
14Section 6 of Article VII of the Illinois Constitution on the
15concurrent exercise by home rule municipalities of powers and
16functions exercised by the State.
17    (d) If a police department requests other property not
18prohibited from a military equipment surplus program, the
19police department shall publish notice of the request on a
20publicly accessible website maintained by the police
21department or the municipality within 14 days after the
22request.
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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1repealing Section 1-2-12.1. This Section is effective January
21, 2023.
 
3    Section 50. The Criminal Code of 2012 is amended by
4changing Sections 7-5, 7-5.5, 7-15, 7-16, 31-1 and 33-9 as
5follows:
 
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
10directed to assist him, need not retreat or desist from
11efforts to make a lawful arrest because of resistance or
12threatened resistance to the arrest. He is justified in the
13use of any force which he reasonably believes to be necessary
14to effect the arrest and of any force which he reasonably
15believes to be necessary to defend himself or another from
16bodily harm while making the arrest. However, he is justified
17in using force likely to cause death or great bodily harm only
18when he reasonably believes that such force is necessary to
19prevent death or great bodily harm to himself or such other
20person, 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
6invalid warrant is justified in the use of any force which he
7would be justified in using if the warrant were valid, unless
8he 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
13directed to assist him, need not retreat or desist from
14efforts to make a lawful arrest because of resistance or
15threatened resistance to the arrest. He is justified in the
16use of any force which he reasonably believes, based on the
17totality of the circumstances, to be necessary to effect the
18arrest and of any force which he reasonably believes, based on
19the totality of the circumstances, to be necessary to defend
20himself or another from bodily harm while making the arrest.
21However, he is justified in using force likely to cause death
22or great bodily harm only when: (i) he reasonably believes,
23based on the totality of the circumstances, that such force is
24necessary to prevent death or great bodily harm to himself or
25such other person; , or (ii) when he reasonably believes, based

 

 

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1on 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
15tactical repositioning or other de-escalation tactics.
16    A peace officer is not justified in using force likely to
17cause death or great bodily harm when there is no longer an
18imminent threat of great bodily harm to the officer or
19another.
20    (a-5) Where feasible, a peace officer shall, prior to the
21use of force, make reasonable efforts to identify himself or
22herself as a peace officer and to warn that deadly force may be
23used, unless the officer has reasonable grounds to believe
24that the person is aware of those facts.
25    (a-10) A peace officer shall not use deadly force against
26a person based on the danger that the person poses to himself

 

 

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1or herself if an reasonable officer would believe the person
2does not pose an imminent threat of death or great bodily harm
3serious bodily injury to the peace officer or to another
4person.
5    (a-15) A peace officer shall not use deadly force against
6a person who is suspected of committing a property offense,
7unless that offense is terrorism or unless deadly force is
8otherwise authorized by law.
9    (b) A peace officer making an arrest pursuant to an
10invalid warrant is justified in the use of any force which he
11would be justified in using if the warrant were valid, unless
12he knows that the warrant is invalid.
13    (c) The authority to use physical force conferred on peace
14officers by this Article is a serious responsibility that
15shall be exercised judiciously and with respect for human
16rights and dignity and for the sanctity of every human life.
17    (d) Peace officers shall use deadly force only when
18reasonably necessary in defense of human life. In determining
19whether deadly force is reasonably necessary, officers shall
20evaluate each situation in light of the totality of particular
21circumstances of each case including but not limited to the
22proximity in time of the use of force to the commission of a
23forcible felony, and the reasonable feasibility of safely
24apprehending a subject at a later time, and shall use other
25available resources and techniques, if reasonably safe and
26feasible to a reasonable officer.

 

 

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1    (e) The decision by a peace officer to use force shall be
2evaluated carefully and thoroughly, in a manner that reflects
3the gravity of that authority and the serious consequences of
4the use of force by peace officers, in order to ensure that
5officers use force consistent with law and agency policies.
6    (f) The decision by a peace officer to use force shall be
7evaluated from the perspective of a reasonable officer in the
8same situation, based on the totality of the circumstances
9known to or perceived by the officer at the time of the
10decision, rather than with the benefit of hindsight, and that
11the totality of the circumstances shall account for occasions
12when officers may be forced to make quick judgments about
13using force.
14    (g) Law enforcement agencies are encouraged to adopt and
15develop policies designed to protect individuals with
16physical, mental health, developmental, or intellectual
17disabilities, or individuals who are significantly more likely
18to experience greater levels of physical force during police
19interactions, as these disabilities may affect the ability of
20a person to understand or comply with commands from peace
21officers.
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
22performance of his or her duties, unless deadly force is
23justified under Article 7 of this Code.
24    (b) A peace officer shall not use a chokehold, or any
25lesser contact with the throat or neck area of another, in

 

 

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1order to prevent the destruction of evidence by ingestion.
2    (c) As used in this Section, "chokehold" means applying
3any direct pressure to the throat, windpipe, or airway of
4another with the intent to reduce or prevent the intake of air.
5"Chokehold" does not include any holding involving contact
6with the neck that is not intended to reduce the intake of air
7such as a headlock where the only pressure applied is to the
8head.
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
13color of law on behalf of a peace officer, shall not use a
14chokehold or restraint above the shoulders with risk of
15asphyxiation in the performance of his or her duties, unless
16deadly force is justified under Article 7 of this Code.
17    (b) A peace officer, or any other person acting under the
18color of law on behalf of a peace officer, shall not use a
19chokehold or restraint above the shoulders with risk of
20asphyxiation, or any lesser contact with the throat or neck
21area of another, in order to prevent the destruction of
22evidence by ingestion.
23    (c) As used in this Section, "chokehold" means applying
24any direct pressure to the throat, windpipe, or airway of
25another. "Chokehold" does not include any holding involving

 

 

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1contact with the neck that is not intended to reduce the intake
2of air such as a headlock where the only pressure applied is to
3the head.
4    (d) As used in this Section, "restraint above the
5shoulders with risk of positional asphyxiation" means a use of
6a technique used to restrain a person above the shoulders,
7including the neck or head, in a position which interferes
8with the person's ability to breathe after the person no
9longer poses a threat to the officer or any other person.
10    (e) A peace officer, or any other person acting under the
11color 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
13delayed effective date)
14    Sec. 7-15. Duty to render aid. It is the policy of the
15State of Illinois that all law enforcement officers must, as
16soon as reasonably practical, determine if a person is
17injured, whether as a result of a use of force or otherwise,
18and render medical aid and assistance consistent with training
19and request emergency medical assistance if necessary. "Render
20medical aid and assistance" includes, but is not limited to,
21(i) performing emergency life-saving procedures such as
22cardiopulmonary resuscitation or the administration of an
23automated external defibrillator; and (ii) the carrying, or
24the making of arrangements for the carrying, of such person to
25a physician, surgeon, or hospital for medical or surgical

 

 

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1treatment if it is apparent that treatment is necessary, or if
2such 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
6delayed effective date)
7    Sec. 7-16. Duty to intervene.
8    (a) A peace officer, or any other person acting under the
9color of law who has an opportunity to intervene on behalf of a
10peace officer, shall have an affirmative duty to intervene to
11prevent or stop another peace officer in his or her presence
12from using any unauthorized force or force that exceeds the
13degree of force permitted, if any, without regard for chain of
14command.
15    (b) A peace officer, or any other person acting under the
16color of law on behalf of a peace officer, who intervenes as
17required by this Section shall report the intervention to the
18person designated/identified by the law enforcement entity in
19a manner prescribed by the agency. The report required by this
20Section must include the date, time, and place of the
21occurrence; the identity, if known, and description of the
22participants; and a description of the intervention actions
23taken and whether they were successful. In no event shall the
24report be submitted more than 5 days after the incident.
25    (c) A member of a law enforcement agency shall not

 

 

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1discipline nor retaliate in any way against a peace officer
2for intervening as required in this Section or for reporting
3unconstitutional or unlawful conduct, or for failing to follow
4what the officer reasonably believes is an unconstitutional or
5unlawful 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,
10firefighter, or correctional institution employee.
11    (a) A person who knowingly resists or obstructs the
12performance by one known to the person to be a peace officer,
13firefighter, or correctional institution employee of any
14authorized act within his or her official capacity commits a
15Class A misdemeanor.
16    (a-5) In addition to any other sentence that may be
17imposed, a court shall order any person convicted of resisting
18or obstructing a peace officer, firefighter, or correctional
19institution employee to be sentenced to a minimum of 48
20consecutive hours of imprisonment or ordered to perform
21community service for not less than 100 hours as may be
22determined by the court. The person shall not be eligible for
23probation in order to reduce the sentence of imprisonment or
24community service.
25    (a-7) A person convicted for a violation of this Section

 

 

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1whose violation was the proximate cause of an injury to a peace
2officer, firefighter, or correctional institution employee is
3guilty of a Class 4 felony.
4    (b) For purposes of this Section, "correctional
5institution employee" means any person employed to supervise
6and control inmates incarcerated in a penitentiary, State
7farm, reformatory, prison, jail, house of correction, police
8detention area, half-way house, or other institution or place
9for the incarceration or custody of persons under sentence for
10offenses or awaiting trial or sentence for offenses, under
11arrest for an offense, a violation of probation, a violation
12of parole, a violation of aftercare release, a violation of
13mandatory supervised release, or awaiting a bail setting
14hearing or preliminary hearing, or who are sexually dangerous
15persons or who are sexually violent persons; and "firefighter"
16means any individual, either as an employee or volunteer, of a
17regularly constituted fire department of a municipality or
18fire protection district who performs fire fighting duties,
19including, but not limited to, the fire chief, assistant fire
20chief, captain, engineer, driver, ladder person, hose person,
21pipe person, and any other member of a regularly constituted
22fire department. "Firefighter" also means a person employed by
23the Office of the State Fire Marshal to conduct arson
24investigations.
25    (c) It is an affirmative defense to a violation of this
26Section if a person resists or obstructs the performance of

 

 

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1one known by the person to be a firefighter by returning to or
2remaining in a dwelling, residence, building, or other
3structure 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,
7firefighter, 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
15imposed, a court shall order any person convicted of resisting
16or obstructing a peace officer, firefighter, or correctional
17institution employee to be sentenced to a minimum of 48
18consecutive hours of imprisonment or ordered to perform
19community service for not less than 100 hours as may be
20determined by the court. The person shall not be eligible for
21probation in order to reduce the sentence of imprisonment or
22community service.
23    (a-7) A person convicted for a violation of this Section
24whose violation was the proximate cause of an injury to a peace
25officer, firefighter, or correctional institution employee is

 

 

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1guilty of a Class 4 felony.
2    (b) For purposes of this Section, "correctional
3institution employee" means any person employed to supervise
4and control inmates incarcerated in a penitentiary, State
5farm, reformatory, prison, jail, house of correction, police
6detention area, half-way house, or other institution or place
7for the incarceration or custody of persons under sentence for
8offenses or awaiting trial or sentence for offenses, under
9arrest for an offense, a violation of probation, a violation
10of parole, a violation of aftercare release, a violation of
11mandatory supervised release, or awaiting a hearing or
12preliminary hearing on setting the conditions of pretrial
13release, or who are sexually dangerous persons or who are
14sexually violent persons; and "firefighter" means any
15individual, either as an employee or volunteer, of a regularly
16constituted fire department of a municipality or fire
17protection district who performs fire fighting duties,
18including, but not limited to, the fire chief, assistant fire
19chief, captain, engineer, driver, ladder person, hose person,
20pipe person, and any other member of a regularly constituted
21fire department. "Firefighter" also means a person employed by
22the Office of the State Fire Marshal to conduct arson
23investigations.
24    (c) It is an affirmative defense to a violation of this
25Section if a person resists or obstructs the performance of
26one known by the person to be a firefighter by returning to or

 

 

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1remaining in a dwelling, residence, building, or other
2structure to rescue or to attempt to rescue any person.
3    (d) A person shall not be subject to arrest for resisting
4arrest under this Section unless there is an underlying
5offense 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
9delayed effective date)
10    Sec. 33-9. Law enforcement misconduct.
11    (a) A law enforcement officer or a person acting under
12color of law on behalf of a law enforcement officer commits law
13enforcement misconduct when, in the performance of his or her
14official duties with intent to prevent the apprehension or
15obstruct the prosecution or defense of any person, he or she
16knowingly 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
8felony.
9(Source: P.A. 101-652, eff. 7-1-21.)
 
10    Section 55. The Code of Criminal Procedure of 1963 is
11amended by changing Sections 103-3, 108-8, and 110-5 as
12follows:
 
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;
16transfers.
17    (a) Persons who are arrested shall have the right to
18communicate with an attorney of their choice and a member of
19their family by making a reasonable number of telephone calls
20or in any other reasonable manner. Such communication shall be
21permitted within a reasonable time after arrival at the first
22place of custody.
23    (b) In the event the accused is transferred to a new place
24of custody his right to communicate with an attorney and a

 

 

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1member 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;
5transfers.
6    (a) (Blank).
7    (a-5) Persons who are in police custody have the right to
8communicate free of charge with an attorney of their choice
9and members of their family as soon as possible upon being
10taken into police custody, but no later than three hours after
11arrival at the first place of custody. Persons in police
12custody 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
19where a person is in police custody a sign containing, at
20minimum, the following information in bold block type must be
21posted 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
6where the court has appointed the public defender or other
7attorney to represent persons who are in police custody, the
8telephone number to the public defender or appointed
9attorney's office must also be displayed. The telephone call
10to the public defender or other attorney must not be
11monitored, eavesdropped upon, or recorded.
12    (b) (Blank).
13    (c) In the event a person who is in police custody is
14transferred to a new place of custody, his or her right to make
15telephone calls under this Section within three hours after
16arrival is renewed.
17    (d) In this Section "custody" means the restriction of a
18person's freedom of movement by a law enforcement officer's
19exercise of his or her lawful authority.
20    (e) The three hours requirement shall not apply while the
21person in police custody is asleep, unconscious, or otherwise
22incapacitated.
23    (f) Nothing in this Section shall interfere with a
24person's rights or override procedures required in the Bill of
25Rights of the Illinois and US Constitutions, including but not
26limited to Fourth Amendment search and seizure rights, Fifth

 

 

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1Amendment due process rights and rights to be free from
2self-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
9effect an entry into any building or property or part thereof
10to execute a search warrant.
11    (b) The court issuing a warrant may authorize the officer
12executing the warrant to make entry without first knocking and
13announcing his or her office if it finds, based upon a showing
14of specific facts, the existence of the following exigent
15circumstances:
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
3effect an entry into any building or property or part thereof
4to execute a search warrant.
5    (b) The court issuing a warrant may authorize the officer
6executing the warrant to make entry without first knocking and
7announcing his or her office if it finds, based upon a showing
8of specific facts, the existence of the following exigent
9circumstances:
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
20of release.
21    (a) In determining the amount of monetary bail or
22conditions of release, if any, which will reasonably assure
23the appearance of a defendant as required or the safety of any
24other person or the community and the likelihood of compliance
25by the defendant with all the conditions of bail, the court

 

 

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1shall, on the basis of available information, take into
2account such matters as the nature and circumstances of the
3offense charged, whether the evidence shows that as part of
4the offense there was a use of violence or threatened use of
5violence, whether the offense involved corruption of public
6officials or employees, whether there was physical harm or
7threats of physical harm to any public official, public
8employee, judge, prosecutor, juror or witness, senior citizen,
9child, or person with a disability, whether evidence shows
10that during the offense or during the arrest the defendant
11possessed or used a firearm, machine gun, explosive or metal
12piercing ammunition or explosive bomb device or any military
13or paramilitary armament, whether the evidence shows that the
14offense committed was related to or in furtherance of the
15criminal activities of an organized gang or was motivated by
16the defendant's membership in or allegiance to an organized
17gang, the condition of the victim, any written statement
18submitted by the victim or proffer or representation by the
19State regarding the impact which the alleged criminal conduct
20has had on the victim and the victim's concern, if any, with
21further contact with the defendant if released on bail,
22whether the offense was based on racial, religious, sexual
23orientation or ethnic hatred, the likelihood of the filing of
24a greater charge, the likelihood of conviction, the sentence
25applicable upon conviction, the weight of the evidence against
26such defendant, whether there exists motivation or ability to

 

 

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1flee, whether there is any verification as to prior residence,
2education, or family ties in the local jurisdiction, in
3another county, state or foreign country, the defendant's
4employment, financial resources, character and mental
5condition, past conduct, prior use of alias names or dates of
6birth, and length of residence in the community, the consent
7of the defendant to periodic drug testing in accordance with
8Section 110-6.5, whether a foreign national defendant is
9lawfully admitted in the United States of America, whether the
10government of the foreign national maintains an extradition
11treaty with the United States by which the foreign government
12will extradite to the United States its national for a trial
13for a crime allegedly committed in the United States, whether
14the defendant is currently subject to deportation or exclusion
15under the immigration laws of the United States, whether the
16defendant, although a United States citizen, is considered
17under the law of any foreign state a national of that state for
18the purposes of extradition or non-extradition to the United
19States, the amount of unrecovered proceeds lost as a result of
20the alleged offense, the source of bail funds tendered or
21sought to be tendered for bail, whether from the totality of
22the court's consideration, the loss of funds posted or sought
23to be posted for bail will not deter the defendant from flight,
24whether the evidence shows that the defendant is engaged in
25significant possession, manufacture, or delivery of a
26controlled substance or cannabis, either individually or in

 

 

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1consort with others, whether at the time of the offense
2charged he or she was on bond or pre-trial release pending
3trial, probation, periodic imprisonment or conditional
4discharge pursuant to this Code or the comparable Code of any
5other state or federal jurisdiction, whether the defendant is
6on bond or pre-trial release pending the imposition or
7execution of sentence or appeal of sentence for any offense
8under the laws of Illinois or any other state or federal
9jurisdiction, whether the defendant is under parole, aftercare
10release, mandatory supervised release, or work release from
11the Illinois Department of Corrections or Illinois Department
12of Juvenile Justice or any penal institution or corrections
13department of any state or federal jurisdiction, the
14defendant's record of convictions, whether the defendant has
15been convicted of a misdemeanor or ordinance offense in
16Illinois or similar offense in other state or federal
17jurisdiction within the 10 years preceding the current charge
18or convicted of a felony in Illinois, whether the defendant
19was convicted of an offense in another state or federal
20jurisdiction that would be a felony if committed in Illinois
21within the 20 years preceding the current charge or has been
22convicted of such felony and released from the penitentiary
23within 20 years preceding the current charge if a penitentiary
24sentence was imposed in Illinois or other state or federal
25jurisdiction, the defendant's records of juvenile adjudication
26of delinquency in any jurisdiction, any record of appearance

 

 

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1or failure to appear by the defendant at court proceedings,
2whether there was flight to avoid arrest or prosecution,
3whether the defendant escaped or attempted to escape to avoid
4arrest, whether the defendant refused to identify himself or
5herself, or whether there was a refusal by the defendant to be
6fingerprinted as required by law. Information used by the
7court in its findings or stated in or offered in connection
8with this Section may be by way of proffer based upon reliable
9information offered by the State or defendant. All evidence
10shall be admissible if it is relevant and reliable regardless
11of whether it would be admissible under the rules of evidence
12applicable at criminal trials. If the State presents evidence
13that the offense committed by the defendant was related to or
14in furtherance of the criminal activities of an organized gang
15or was motivated by the defendant's membership in or
16allegiance to an organized gang, and if the court determines
17that the evidence may be substantiated, the court shall
18prohibit the defendant from associating with other members of
19the organized gang as a condition of bail or release. For the
20purposes of this Section, "organized gang" has the meaning
21ascribed to it in Section 10 of the Illinois Streetgang
22Terrorism Omnibus Prevention Act.
23    (a-5) There shall be a presumption that any conditions of
24release imposed shall be non-monetary in nature and the court
25shall impose the least restrictive conditions or combination
26of conditions necessary to reasonably assure the appearance of

 

 

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1the defendant for further court proceedings and protect the
2integrity of the judicial proceedings from a specific threat
3to a witness or participant. Conditions of release may
4include, but not be limited to, electronic home monitoring,
5curfews, drug counseling, stay-away orders, and in-person
6reporting. The court shall consider the defendant's
7socio-economic circumstance when setting conditions of release
8or 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
9reasonable cause, the State's Attorney may request a source of
10bail hearing either before or after the posting of any funds.
11If the hearing is granted, before the posting of any bail, the
12accused must file a written notice requesting that the court
13conduct a source of bail hearing. The notice must be
14accompanied by justifying affidavits stating the legitimate
15and lawful source of funds for bail. At the hearing, the court
16shall inquire into any matters stated in any justifying
17affidavits, and may also inquire into matters appropriate to
18the determination which shall include, but are not limited to,
19the 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

 

 

10200HB3443sam005- 118 -LRB102 12812 RLC 27417 a

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
7oath, any persons who may possess material information.
8    The State's Attorney has a right to attend the hearing, to
9call witnesses and to examine any witness in the proceeding.
10The court shall, upon request of the State's Attorney,
11continue the proceedings for a reasonable period to allow the
12State's Attorney to investigate the matter raised in any
13testimony or affidavit. If the hearing is granted after the
14accused has posted bail, the court shall conduct a hearing
15consistent with this subsection (b-5). At the conclusion of
16the hearing, the court must issue an order either approving or
17of disapproving the bail.
18    (c) When a person is charged with an offense punishable by
19fine only the amount of the bail shall not exceed double the
20amount of the maximum penalty.
21    (d) When a person has been convicted of an offense and only
22a fine has been imposed the amount of the bail shall not exceed
23double the amount of the fine.
24    (e) The State may appeal any order granting bail or
25setting a given amount for bail.
26    (f) When a person is charged with a violation of an order

 

 

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1of protection under Section 12-3.4 or 12-30 of the Criminal
2Code of 1961 or the Criminal Code of 2012 or when a person is
3charged with domestic battery, aggravated domestic battery,
4kidnapping, aggravated kidnaping, unlawful restraint,
5aggravated unlawful restraint, stalking, aggravated stalking,
6cyberstalking, harassment by telephone, harassment through
7electronic communications, or an attempt to commit first
8degree murder committed against an intimate partner regardless
9whether an order of protection has been issued against the
10person,
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,
21the court may, in its discretion, order the respondent to
22undergo a risk assessment evaluation using a recognized,
23evidence-based instrument conducted by an Illinois Department
24of Human Services approved partner abuse intervention program
25provider, pretrial service, probation, or parole agency. These
26agencies shall have access to summaries of the defendant's

 

 

10200HB3443sam005- 121 -LRB102 12812 RLC 27417 a

1criminal history, which shall not include victim interviews or
2information, for the risk evaluation. Based on the information
3collected from the 12 points to be considered at a bail hearing
4under this subsection (f), the results of any risk evaluation
5conducted and the other circumstances of the violation, the
6court may order that the person, as a condition of bail, be
7placed under electronic surveillance as provided in Section
85-8A-7 of the Unified Code of Corrections. Upon making a
9determination whether or not to order the respondent to
10undergo a risk assessment evaluation or to be placed under
11electronic surveillance and risk assessment, the court shall
12document in the record the court's reasons for making those
13determinations. The cost of the electronic surveillance and
14risk assessment shall be paid by, or on behalf, of the
15defendant. As used in this subsection (f), "intimate partner"
16means a spouse or a current or former partner in a cohabitation
17or dating relationship.
18(Source: P.A. 99-143, eff. 7-27-15; 100-1, eff. 1-1-18;
19revised 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
22of release.
23    (a) In determining which or conditions of pretrial
24release, if any, which will reasonably assure the appearance
25of a defendant as required or the safety of any other person or

 

 

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1the community and the likelihood of compliance by the
2defendant with all the conditions of pretrial release, the
3court shall, on the basis of available information, take into
4account 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
7mandatory under Section 110-10. The court may impose any
8conditions that are permissible under Section 110-10.
9    (b-5) (b) When a person is charged with a violation of an
10order of protection under Section 12-3.4 or 12-30 of the
11Criminal Code of 1961 or the Criminal Code of 2012 or when a
12person is charged with domestic battery, aggravated domestic
13battery, kidnapping, aggravated kidnaping, unlawful restraint,
14aggravated unlawful restraint, stalking, aggravated stalking,
15cyberstalking, harassment by telephone, harassment through
16electronic communications, or an attempt to commit first
17degree murder committed against an intimate partner regardless
18whether an order of protection has been issued against the
19person,
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
6Section 12-7.3 or 12-7.4 of the Criminal Code of 2012, the
7court 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
6assessment tool to aid its it determination of appropriate
7conditions of release as provided for in Section 110-6.4. Risk
8assessment tools may not be used as the sole basis to deny
9pretrial release. If a risk assessment tool is used, the
10defendant's counsel shall be provided with the information and
11scoring system of the risk assessment tool used to arrive at
12the determination. The defendant retains the right to
13challenge the validity of a risk assessment tool used by the
14court and to present evidence relevant to the defendant's
15challenge.
16    (e) If a person remains in pretrial detention after his or
17her pretrial conditions hearing after having been ordered
18released with pretrial conditions, the court shall hold a
19hearing to determine the reason for continued detention. If
20the reason for continued detention is due to the
21unavailability or the defendant's ineligibility for one or
22more pretrial conditions previously ordered by the court or
23directed by a pretrial services agency, the court shall reopen
24the conditions of release hearing to determine what available
25pretrial conditions exist that will reasonably assure the
26appearance of a defendant as required or the safety of any

 

 

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1other person and the likelihood of compliance by the defendant
2with all the conditions of pretrial release. The inability of
3Defendant to pay for a condition of release or any other
4ineligibility for a condition of pretrial release shall not be
5used as a justification for the pretrial detention of that
6Defendant.
7    (f) Prior to the defendant's first appearance, the Court
8shall appoint the public defender or a licensed attorney at
9law of this State to represent the Defendant for purposes of
10that hearing, unless the defendant has obtained licensed
11counsel for themselves.
12    (g) Electronic monitoring, GPS monitoring, or home
13confinement can only be imposed condition of pretrial release
14if a no less restrictive condition of release or combination
15of less restrictive condition of release would reasonably
16ensure the appearance of the defendant for later hearings or
17protect an identifiable person or persons from imminent threat
18of serious physical harm.
19    (h) If the court imposes electronic monitoring, GPS
20monitoring, or home confinement the court shall set forth in
21the record the basis for its finding. A defendant shall be
22given custodial credit for each day he or she was subjected to
23that program, at the same rate described in subsection (b) of
24Section 5-4.5-100 of the unified code of correction.
25    (i) If electronic monitoring, GPS monitoring, or home
26confinement is imposed, the court shall determine every 60

 

 

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1days if no less restrictive condition of release or
2combination of less restrictive conditions of release would
3reasonably ensure the appearance, or continued appearance, of
4the defendant for later hearings or protect an identifiable
5person or persons from imminent threat of serious physical
6harm. If the court finds that there are less restrictive
7conditions of release, the court shall order that the
8condition be removed. This subsection takes effect January 1,
92022.
10    (j) Crime Victims shall be given notice by the State's
11Attorney's office of this hearing as required in paragraph (1)
12of subsection (b) of Section 4.5 of the Rights of Crime Victims
13and Witnesses Act and shall be informed of their opportunity
14at this hearing to obtain an order of protection under Article
15112A 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
5amended by repealing Sections 110-5.1, 110-6.3, 110-6.5,
6110-7, 110-8, 110-9, 110-13, 110-14, 110-15, 110-16, 110-17,
7and 110-18. This Section takes effect January 1, 2023.
 
8    Section 65. The Unified Code of Corrections is amended by
9changing Sections 3-6-3, 3-6-7.3, 5-8-1, and 5-8A-4 as
10follows:
 
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
15and regulations for awarding and revoking sentence credit for
16persons committed to the Department which shall be subject to
17review by the Prisoner Review Board.
18    (1.5) As otherwise provided by law, sentence credit may be
19awarded 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
4subsection (a), the rules and regulations on sentence credit
5shall provide, with respect to offenses listed in clause (i),
6(ii), or (iii) of this paragraph (2) committed on or after June
719, 1998 or with respect to the offense listed in clause (iv)
8of this paragraph (2) committed on or after June 23, 2005 (the
9effective date of Public Act 94-71) or with respect to offense
10listed in clause (vi) committed on or after June 1, 2008 (the
11effective date of Public Act 95-625) or with respect to the
12offense of being an armed habitual criminal committed on or
13after August 2, 2005 (the effective date of Public Act 94-398)
14or with respect to the offenses listed in clause (v) of this
15paragraph (2) committed on or after August 13, 2007 (the
16effective date of Public Act 95-134) or with respect to the
17offense of aggravated domestic battery committed on or after
18July 23, 2010 (the effective date of Public Act 96-1224) or
19with respect to the offense of attempt to commit terrorism
20committed on or after January 1, 2013 (the effective date of
21Public 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
11subdivision (a)(2)(i), (ii), or (iii) committed on or after
12June 19, 1998 or subdivision (a)(2)(iv) committed on or after
13June 23, 2005 (the effective date of Public Act 94-71) or
14subdivision (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
17date of Public Act 95-625) or subdivision (a)(2)(vii)
18committed on or after July 23, 2010 (the effective date of
19Public Act 96-1224), and other than the offense of aggravated
20driving under the influence of alcohol, other drug or drugs,
21or intoxicating compound or compounds, or any combination
22thereof as defined in subparagraph (F) of paragraph (1) of
23subsection (d) of Section 11-501 of the Illinois Vehicle Code,
24and other than the offense of aggravated driving under the
25influence of alcohol, other drug or drugs, or intoxicating
26compound or compounds, or any combination thereof as defined

 

 

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1in subparagraph (C) of paragraph (1) of subsection (d) of
2Section 11-501 of the Illinois Vehicle Code committed on or
3after January 1, 2011 (the effective date of Public Act
496-1230), the rules and regulations shall provide that a
5prisoner who is serving a term of imprisonment shall receive
6one day of sentence credit for each day of his or her sentence
7of imprisonment or recommitment under Section 3-3-9. Each day
8of sentence credit shall reduce by one day the prisoner's
9period of imprisonment or recommitment under Section 3-3-9.
10    (2.2) A prisoner serving a term of natural life
11imprisonment or a prisoner who has been sentenced to death
12shall receive no sentence credit.
13    (2.3) Except as provided in paragraph (4.7) of this
14subsection (a), the rules and regulations on sentence credit
15shall provide that a prisoner who is serving a sentence for
16aggravated driving under the influence of alcohol, other drug
17or drugs, or intoxicating compound or compounds, or any
18combination thereof as defined in subparagraph (F) of
19paragraph (1) of subsection (d) of Section 11-501 of the
20Illinois Vehicle Code, shall receive no more than 4.5 days of
21sentence credit for each month of his or her sentence of
22imprisonment.
23    (2.4) Except as provided in paragraph (4.7) of this
24subsection (a), the rules and regulations on sentence credit
25shall provide with respect to the offenses of aggravated
26battery with a machine gun or a firearm equipped with any

 

 

10200HB3443sam005- 135 -LRB102 12812 RLC 27417 a

1device or attachment designed or used for silencing the report
2of a firearm or aggravated discharge of a machine gun or a
3firearm equipped with any device or attachment designed or
4used for silencing the report of a firearm, committed on or
5after July 15, 1999 (the effective date of Public Act 91-121),
6that a prisoner serving a sentence for any of these offenses
7shall receive no more than 4.5 days of sentence credit for each
8month of his or her sentence of imprisonment.
9    (2.5) Except as provided in paragraph (4.7) of this
10subsection (a), the rules and regulations on sentence credit
11shall provide that a prisoner who is serving a sentence for
12aggravated arson committed on or after July 27, 2001 (the
13effective date of Public Act 92-176) shall receive no more
14than 4.5 days of sentence credit for each month of his or her
15sentence of imprisonment.
16    (2.6) Except as provided in paragraph (4.7) of this
17subsection (a), the rules and regulations on sentence credit
18shall provide that a prisoner who is serving a sentence for
19aggravated driving under the influence of alcohol, other drug
20or drugs, or intoxicating compound or compounds or any
21combination thereof as defined in subparagraph (C) of
22paragraph (1) of subsection (d) of Section 11-501 of the
23Illinois Vehicle Code committed on or after January 1, 2011
24(the effective date of Public Act 96-1230) shall receive no
25more than 4.5 days of sentence credit for each month of his or
26her sentence of imprisonment.

 

 

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1    (3) In addition to the sentence credits earned under
2paragraphs (2.1), (4), (4.1), and (4.7) of this subsection
3(a), the rules and regulations shall also provide that the
4Director may award up to 180 days of earned sentence credit for
5good conduct in specific instances as the Director deems
6proper. The good conduct may include, but is not limited to,
7compliance with the rules and regulations of the Department,
8service to the Department, service to a community, or service
9to the State.
10    Eligible inmates for an award of earned sentence credit
11under this paragraph (3) may be selected to receive the credit
12at the Director's or his or her designee's sole discretion.
13Eligibility for the additional earned sentence credit under
14this paragraph (3) shall be based on, but is not limited to,
15the results of any available risk/needs assessment or other
16relevant assessments or evaluations administered by the
17Department using a validated instrument, the circumstances of
18the crime, any history of conviction for a forcible felony
19enumerated in Section 2-8 of the Criminal Code of 2012, the
20inmate's behavior and disciplinary history while incarcerated,
21and the inmate's commitment to rehabilitation, including
22participation in programming offered by the Department.
23    The Director shall not award sentence credit under this
24paragraph (3) to an inmate unless the inmate has served a
25minimum of 60 days of the sentence; except nothing in this
26paragraph shall be construed to permit the Director to extend

 

 

10200HB3443sam005- 137 -LRB102 12812 RLC 27417 a

1an inmate's sentence beyond that which was imposed by the
2court. Prior to awarding credit under this paragraph (3), the
3Director 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
13written determination required in this subsection.
14    (3.5) The Department shall provide annual written reports
15to the Governor and the General Assembly on the award of earned
16sentence credit no later than February 1 of each year. The
17Department must publish both reports on its website within 48
18hours of transmitting the reports to the Governor and the
19General 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
2subsection (a), the rules and regulations shall also provide
3that any prisoner who is engaged full-time in substance abuse
4programs, correctional industry assignments, educational
5programs, pregnancy or parenting education programs,
6work-release programs or activities in accordance with Section
73-13-1, the sentence credit accumulated and retained under
8paragraph (2.1) of subsection (a) of this Section by any
9inmate during specific periods of time in which such inmate is
10engaged full-time in substance abuse programs, correctional
11industry assignments, educational programs, behavior
12modification programs, life skills courses, or re-entry
13planning provided by the Department under this paragraph (4)
14and satisfactorily completes the assigned program as
15determined by the standards of the Department, shall be
16multiplied by a factor of 1.25 for program participation
17before August 11, 1993 and 1.50 for program participation on
18or after that date. The rules and regulations shall also
19provide that sentence credit, subject to the same offense
20limits and multiplier provided in this paragraph, may be
21provided to an inmate who was held in pre-trial detention
22prior to his or her current commitment to the Department of
23Corrections and successfully completed a full-time, 60-day or
24longer substance abuse program, educational program, behavior
25modification program, life skills course, or re-entry planning
26provided by the county department of corrections or county

 

 

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1jail. Calculation of this county program credit shall be done
2at sentencing as provided in Section 5-4.5-100 of this Code
3and shall be included in the sentencing order. However, no
4inmate shall be eligible for the additional sentence credit
5under this paragraph (4) or (4.1) of this subsection (a) while
6assigned to a boot camp or electronic detention.
7    (B) The Department shall award sentence credit under this
8paragraph (4) accumulated prior to January 1, 2020 (the
9effective date of Public Act 101-440) this amendatory Act of
10the 101st General Assembly in an amount specified in
11subparagraph (C) of this paragraph (4) to an inmate serving a
12sentence for an offense committed prior to June 19, 1998, if
13the Department determines that the inmate is entitled to this
14sentence 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
9is entitled to sentence credit under subparagraph (B) in
10excess of 45 days of participation in those programs, the
11inmate shall receive 90 days of sentence credit. If the inmate
12cannot provide documentation of more than 45 days of
13participation in those programs, the inmate shall receive 45
14days of sentence credit. In the event of a disagreement
15between the Department and the inmate as to the amount of
16credit accumulated under subparagraph (B), if the Department
17provides documented proof of a lesser amount of days of
18participation in those programs, that proof shall control. If
19the Department provides no documentary proof, the inmate's
20proof as set forth in clause (ii) of subparagraph (B) shall
21control as to the amount of sentence credit provided.
22    (D) If the inmate has been convicted of a sex offense as
23defined in Section 2 of the Sex Offender Registration Act,
24sentencing credits under subparagraph (B) of this paragraph
25(4) shall be awarded by the Department only if the conditions
26set forth in paragraph (4.6) of subsection (a) are satisfied.

 

 

10200HB3443sam005- 141 -LRB102 12812 RLC 27417 a

1No inmate serving a term of natural life imprisonment shall
2receive sentence credit under subparagraph (B) of this
3paragraph (4).
4    Educational, vocational, substance abuse, behavior
5modification programs, life skills courses, re-entry planning,
6and correctional industry programs under which sentence credit
7may be increased under this paragraph (4) and paragraph (4.1)
8of this subsection (a) shall be evaluated by the Department on
9the basis of documented standards. The Department shall report
10the results of these evaluations to the Governor and the
11General Assembly by September 30th of each year. The reports
12shall include data relating to the recidivism rate among
13program participants.
14    Availability of these programs shall be subject to the
15limits of fiscal resources appropriated by the General
16Assembly for these purposes. Eligible inmates who are denied
17immediate admission shall be placed on a waiting list under
18criteria established by the Department. The inability of any
19inmate to become engaged in any such programs by reason of
20insufficient program resources or for any other reason
21established under the rules and regulations of the Department
22shall not be deemed a cause of action under which the
23Department or any employee or agent of the Department shall be
24liable for damages to the inmate.
25    (4.1) Except as provided in paragraph (4.7) of this
26subsection (a), the rules and regulations shall also provide

 

 

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1that an additional 90 days of sentence credit shall be awarded
2to any prisoner who passes high school equivalency testing
3while the prisoner is committed to the Department of
4Corrections. The sentence credit awarded under this paragraph
5(4.1) shall be in addition to, and shall not affect, the award
6of sentence credit under any other paragraph of this Section,
7but shall also be pursuant to the guidelines and restrictions
8set forth in paragraph (4) of subsection (a) of this Section.
9The sentence credit provided for in this paragraph shall be
10available only to those prisoners who have not previously
11earned a high school diploma or a high school equivalency
12certificate. If, after an award of the high school equivalency
13testing sentence credit has been made, the Department
14determines that the prisoner was not eligible, then the award
15shall be revoked. The Department may also award 90 days of
16sentence credit to any committed person who passed high school
17equivalency testing while he or she was held in pre-trial
18detention prior to the current commitment to the Department of
19Corrections.
20    Except as provided in paragraph (4.7) of this subsection
21(a), the rules and regulations shall provide that an
22additional 180 days of sentence credit shall be awarded to any
23prisoner who obtains a bachelor's degree while the prisoner is
24committed to the Department of Corrections. The sentence
25credit awarded under this paragraph (4.1) shall be in addition
26to, and shall not affect, the award of sentence credit under

 

 

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1any other paragraph of this Section, but shall also be under
2the guidelines and restrictions set forth in paragraph (4) of
3this subsection (a). The sentence credit provided for in this
4paragraph shall be available only to those prisoners who have
5not earned a bachelor's degree prior to the current commitment
6to the Department of Corrections. If, after an award of the
7bachelor's degree sentence credit has been made, the
8Department determines that the prisoner was not eligible, then
9the award shall be revoked. The Department may also award 180
10days of sentence credit to any committed person who earned a
11bachelor's degree while he or she was held in pre-trial
12detention prior to the current commitment to the Department of
13Corrections.
14    Except as provided in paragraph (4.7) of this subsection
15(a), the rules and regulations shall provide that an
16additional 180 days of sentence credit shall be awarded to any
17prisoner who obtains a master's or professional degree while
18the prisoner is committed to the Department of Corrections.
19The sentence credit awarded under this paragraph (4.1) shall
20be in addition to, and shall not affect, the award of sentence
21credit under any other paragraph of this Section, but shall
22also be under the guidelines and restrictions set forth in
23paragraph (4) of this subsection (a). The sentence credit
24provided for in this paragraph shall be available only to
25those prisoners who have not previously earned a master's or
26professional degree prior to the current commitment to the

 

 

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1Department of Corrections. If, after an award of the master's
2or professional degree sentence credit has been made, the
3Department determines that the prisoner was not eligible, then
4the award shall be revoked. The Department may also award 180
5days of sentence credit to any committed person who earned a
6master's or professional degree while he or she was held in
7pre-trial detention prior to the current commitment to the
8Department of Corrections.
9    (4.5) The rules and regulations on sentence credit shall
10also provide that when the court's sentencing order recommends
11a prisoner for substance abuse treatment and the crime was
12committed on or after September 1, 2003 (the effective date of
13Public Act 93-354), the prisoner shall receive no sentence
14credit awarded under clause (3) of this subsection (a) unless
15he or she participates in and completes a substance abuse
16treatment program. The Director may waive the requirement to
17participate in or complete a substance abuse treatment program
18in specific instances if the prisoner is not a good candidate
19for a substance abuse treatment program for medical,
20programming, or operational reasons. Availability of substance
21abuse treatment shall be subject to the limits of fiscal
22resources appropriated by the General Assembly for these
23purposes. If treatment is not available and the requirement to
24participate and complete the treatment has not been waived by
25the Director, the prisoner shall be placed on a waiting list
26under criteria established by the Department. The Director may

 

 

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1allow a prisoner placed on a waiting list to participate in and
2complete a substance abuse education class or attend substance
3abuse self-help meetings in lieu of a substance abuse
4treatment program. A prisoner on a waiting list who is not
5placed in a substance abuse program prior to release may be
6eligible 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
9also provide that a prisoner who has been convicted of a sex
10offense as defined in Section 2 of the Sex Offender
11Registration Act shall receive no sentence credit unless he or
12she either has successfully completed or is participating in
13sex offender treatment as defined by the Sex Offender
14Management Board. However, prisoners who are waiting to
15receive treatment, but who are unable to do so due solely to
16the lack of resources on the part of the Department, may, at
17the Director's sole discretion, be awarded sentence credit at
18a rate as the Director shall determine.
19    (4.7) On or after January 1, 2018 (the effective date of
20Public Act 100-3) this amendatory Act of the 100th General
21Assembly, sentence credit under paragraph (3), (4), or (4.1)
22of this subsection (a) may be awarded to a prisoner who is
23serving 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
25January 1, 2018 (the effective date of Public Act 100-3) this
26amendatory Act of the 100th General Assembly; provided, the

 

 

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1award of the credits under this paragraph (4.7) shall not
2reduce the sentence of the prisoner to less than the following
3amounts:
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
13earlier than it otherwise would because of a grant of earned
14sentence credit under paragraph (3) of subsection (a) of this
15Section given at any time during the term, the Department
16shall give reasonable notice of the impending release not less
17than 14 days prior to the date of the release to the State's
18Attorney of the county where the prosecution of the inmate
19took place, and if applicable, the State's Attorney of the
20county into which the inmate will be released. The Department
21must also make identification information and a recent photo
22of the inmate being released accessible on the Internet by
23means of a hyperlink labeled "Community Notification of Inmate
24Early Release" on the Department's World Wide Web homepage.
25The identification information shall include the inmate's:
26name, any known alias, date of birth, physical

 

 

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1characteristics, commitment offense, and county where
2conviction was imposed. The identification information shall
3be placed on the website within 3 days of the inmate's release
4and the information may not be removed until either:
5completion of the first year of mandatory supervised release
6or return of the inmate to custody of the Department.
7    (b) Whenever a person is or has been committed under
8several convictions, with separate sentences, the sentences
9shall be construed under Section 5-8-4 in granting and
10forfeiting of sentence credit.
11    (c) The Department shall prescribe rules and regulations
12for revoking sentence credit, including revoking sentence
13credit awarded under paragraph (3) of subsection (a) of this
14Section. The Department shall prescribe rules and regulations
15for suspending or reducing the rate of accumulation of
16sentence credit for specific rule violations, during
17imprisonment. These rules and regulations shall provide that
18no inmate may be penalized more than one year of sentence
19credit for any one infraction.
20    When the Department seeks to revoke, suspend, or reduce
21the rate of accumulation of any sentence credits for an
22alleged infraction of its rules, it shall bring charges
23therefor against the prisoner sought to be so deprived of
24sentence credits before the Prisoner Review Board as provided
25in subparagraph (a)(4) of Section 3-3-2 of this Code, if the
26amount of credit at issue exceeds 30 days or when, during any

 

 

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112-month 12 month period, the cumulative amount of credit
2revoked exceeds 30 days except where the infraction is
3committed or discovered within 60 days of scheduled release.
4In those cases, the Department of Corrections may revoke up to
530 days of sentence credit. The Board may subsequently approve
6the revocation of additional sentence credit, if the
7Department seeks to revoke sentence credit in excess of 30
8days. However, the Board shall not be empowered to review the
9Department's decision with respect to the loss of 30 days of
10sentence credit within any calendar year for any prisoner or
11to increase any penalty beyond the length requested by the
12Department.
13    The Director of the Department of Corrections, in
14appropriate cases, may restore up to 30 days of sentence
15credits which have been revoked, suspended, or reduced. Any
16restoration of sentence credits in excess of 30 days shall be
17subject to review by the Prisoner Review Board. However, the
18Board may not restore sentence credit in excess of the amount
19requested by the Director.
20    Nothing contained in this Section shall prohibit the
21Prisoner Review Board from ordering, pursuant to Section
223-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
23sentence imposed by the court that was not served due to the
24accumulation of sentence credit.
25    (d) If a lawsuit is filed by a prisoner in an Illinois or
26federal court against the State, the Department of

 

 

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1Corrections, or the Prisoner Review Board, or against any of
2their officers or employees, and the court makes a specific
3finding that a pleading, motion, or other paper filed by the
4prisoner is frivolous, the Department of Corrections shall
5conduct a hearing to revoke up to 180 days of sentence credit
6by bringing charges against the prisoner sought to be deprived
7of the sentence credits before the Prisoner Review Board as
8provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
9If the prisoner has not accumulated 180 days of sentence
10credit at the time of the finding, then the Prisoner Review
11Board may revoke all sentence credit accumulated by the
12prisoner.
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
23validity of Public Act 89-404.
24    (f) Whenever the Department is to release any inmate who
25has been convicted of a violation of an order of protection
26under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or

 

 

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1the Criminal Code of 2012, earlier than it otherwise would
2because of a grant of sentence credit, the Department, as a
3condition of release, shall require that the person, upon
4release, be placed under electronic surveillance as provided
5in Section 5-8A-7 of this Code.
6(Source: P.A. 100-3, eff. 1-1-18; 100-575, eff. 1-8-18;
7101-440, 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
11and regulations for awarding and revoking sentence credit for
12persons committed to the Department which shall be subject to
13review by the Prisoner Review Board.
14    (1.5) As otherwise provided by law, sentence credit may be
15awarded 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
24subsection (a), the rules and regulations on sentence credit
25shall 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
219, 1998 or with respect to the offense listed in clause (iv)
3of this paragraph (2) committed on or after June 23, 2005 (the
4effective date of Public Act 94-71) or with respect to offense
5listed in clause (vi) committed on or after June 1, 2008 (the
6effective date of Public Act 95-625) or with respect to the
7offense of being an armed habitual criminal committed on or
8after August 2, 2005 (the effective date of Public Act 94-398)
9or with respect to the offenses listed in clause (v) of this
10paragraph (2) committed on or after August 13, 2007 (the
11effective date of Public Act 95-134) or with respect to the
12offense of aggravated domestic battery committed on or after
13July 23, 2010 (the effective date of Public Act 96-1224) or
14with respect to the offense of attempt to commit terrorism
15committed on or after January 1, 2013 (the effective date of
16Public 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
6subdivision (a)(2)(i), (ii), or (iii) committed on or after
7June 19, 1998 or subdivision (a)(2)(iv) committed on or after
8June 23, 2005 (the effective date of Public Act 94-71) or
9subdivision (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
12date of Public Act 95-625) or subdivision (a)(2)(vii)
13committed on or after July 23, 2010 (the effective date of
14Public Act 96-1224), and other than the offense of aggravated
15driving under the influence of alcohol, other drug or drugs,
16or intoxicating compound or compounds, or any combination
17thereof as defined in subparagraph (F) of paragraph (1) of
18subsection (d) of Section 11-501 of the Illinois Vehicle Code,
19and other than the offense of aggravated driving under the
20influence of alcohol, other drug or drugs, or intoxicating
21compound or compounds, or any combination thereof as defined
22in subparagraph (C) of paragraph (1) of subsection (d) of
23Section 11-501 of the Illinois Vehicle Code committed on or
24after January 1, 2011 (the effective date of Public Act
2596-1230), the rules and regulations shall provide that a
26prisoner who is serving a term of imprisonment shall receive

 

 

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1one day of sentence credit for each day of his or her sentence
2of imprisonment or recommitment under Section 3-3-9. Each day
3of sentence credit shall reduce by one day the prisoner's
4period of imprisonment or recommitment under Section 3-3-9.
5    (2.2) A prisoner serving a term of natural life
6imprisonment or a prisoner who has been sentenced to death
7shall receive no sentence credit.
8    (2.3) Except as provided in paragraph (4.7) of this
9subsection (a), the rules and regulations on sentence credit
10shall provide that a prisoner who is serving a sentence for
11aggravated driving under the influence of alcohol, other drug
12or drugs, or intoxicating compound or compounds, or any
13combination thereof as defined in subparagraph (F) of
14paragraph (1) of subsection (d) of Section 11-501 of the
15Illinois Vehicle Code, shall receive no more than 4.5 days of
16sentence credit for each month of his or her sentence of
17imprisonment.
18    (2.4) Except as provided in paragraph (4.7) of this
19subsection (a), the rules and regulations on sentence credit
20shall provide with respect to the offenses of aggravated
21battery with a machine gun or a firearm equipped with any
22device or attachment designed or used for silencing the report
23of a firearm or aggravated discharge of a machine gun or a
24firearm equipped with any device or attachment designed or
25used for silencing the report of a firearm, committed on or
26after July 15, 1999 (the effective date of Public Act 91-121),

 

 

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1that a prisoner serving a sentence for any of these offenses
2shall receive no more than 4.5 days of sentence credit for each
3month of his or her sentence of imprisonment.
4    (2.5) Except as provided in paragraph (4.7) of this
5subsection (a), the rules and regulations on sentence credit
6shall provide that a prisoner who is serving a sentence for
7aggravated arson committed on or after July 27, 2001 (the
8effective date of Public Act 92-176) shall receive no more
9than 4.5 days of sentence credit for each month of his or her
10sentence of imprisonment.
11    (2.6) Except as provided in paragraph (4.7) of this
12subsection (a), the rules and regulations on sentence credit
13shall provide that a prisoner who is serving a sentence for
14aggravated driving under the influence of alcohol, other drug
15or drugs, or intoxicating compound or compounds or any
16combination thereof as defined in subparagraph (C) of
17paragraph (1) of subsection (d) of Section 11-501 of the
18Illinois Vehicle Code committed on or after January 1, 2011
19(the effective date of Public Act 96-1230) shall receive no
20more than 4.5 days of sentence credit for each month of his or
21her sentence of imprisonment.
22    (3) In addition to the sentence credits earned under
23paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this
24subsection (a), the rules and regulations shall also provide
25that the Director may award up to 180 days of earned sentence
26credit for prisoners serving a sentence of incarceration of

 

 

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1less than 5 years, and up to 365 days of earned sentence credit
2for prisoners serving a sentence of 5 years or longer. The
3Director may grant this credit for good conduct in specific
4instances as the Director deems proper. The good conduct may
5include, but is not limited to, compliance with the rules and
6regulations of the Department, service to the Department,
7service to a community, or service to the State.
8    Eligible inmates for an award of earned sentence credit
9under this paragraph (3) may be selected to receive the credit
10at the Director's or his or her designee's sole discretion.
11Eligibility for the additional earned sentence credit under
12this paragraph (3) may be based on, but is not limited to,
13participation in programming offered by the Department
14department as appropriate for the prisoner based on the
15results of any available risk/needs assessment or other
16relevant assessments or evaluations administered by the
17Department using a validated instrument, the circumstances of
18the crime, demonstrated commitment to rehabilitation by a
19prisoner with a history of conviction for a forcible felony
20enumerated in Section 2-8 of the Criminal Code of 2012, the
21inmate's behavior and improvements in disciplinary history
22while incarcerated, and the inmate's commitment to
23rehabilitation, including participation in programming offered
24by the Department.
25    The Director shall not award sentence credit under this
26paragraph (3) to an inmate unless the inmate has served a

 

 

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1minimum of 60 days of the sentence; except nothing in this
2paragraph shall be construed to permit the Director to extend
3an inmate's sentence beyond that which was imposed by the
4court. Prior to awarding credit under this paragraph (3), the
5Director 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
15written determination required in this subsection.
16    (3.5) The Department shall provide annual written reports
17to the Governor and the General Assembly on the award of earned
18sentence credit no later than February 1 of each year. The
19Department must publish both reports on its website within 48
20hours of transmitting the reports to the Governor and the
21General 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
4subsection (a), the rules and regulations shall also provide
5that any prisoner who is engaged full-time in substance abuse
6programs, correctional industry assignments, educational
7programs, work-release programs or activities in accordance
8with Article 13 of Chapter III of this Code 730 ILCS 5/3-13-1
9et seq., behavior modification programs, life skills courses,
10or re-entry planning provided by the Department under this
11paragraph (4) and satisfactorily completes the assigned
12program as determined by the standards of the Department,
13shall receive [one day] of sentence credit for each day in
14which that prisoner is engaged in the activities described in
15this paragraph. The rules and regulations shall also provide
16that sentence credit may be provided to an inmate who was held
17in pre-trial detention prior to his or her current commitment
18to the Department of Corrections and successfully completed a
19full-time, 60-day or longer substance abuse program,
20educational program, behavior modification program, life
21skills course, or re-entry planning provided by the county
22department of corrections or county jail. Calculation of this
23county program credit shall be done at sentencing as provided
24in Section 5-4.5-100 of this Code and shall be included in the
25sentencing order. The rules and regulations shall also provide
26that sentence credit may be provided to an inmate who is in

 

 

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1compliance with programming requirements in an adult
2transition center.
3    (B) The Department shall award sentence credit under this
4paragraph (4) accumulated prior to January 1, 2020 (the
5effective date of Public Act 101-440) in an amount specified
6in subparagraph (C) of this paragraph (4) to an inmate serving
7a sentence for an offense committed prior to June 19, 1998, if
8the Department determines that the inmate is entitled to this
9sentence 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
4is entitled to sentence credit under subparagraph (B) in
5excess of 45 days of participation in those programs, the
6inmate shall receive 90 days of sentence credit. If the inmate
7cannot provide documentation of more than 45 days of
8participation in those programs, the inmate shall receive 45
9days of sentence credit. In the event of a disagreement
10between the Department and the inmate as to the amount of
11credit accumulated under subparagraph (B), if the Department
12provides documented proof of a lesser amount of days of
13participation in those programs, that proof shall control. If
14the Department provides no documentary proof, the inmate's
15proof as set forth in clause (ii) of subparagraph (B) shall
16control as to the amount of sentence credit provided.
17    (D) If the inmate has been convicted of a sex offense as
18defined in Section 2 of the Sex Offender Registration Act,
19sentencing credits under subparagraph (B) of this paragraph
20(4) shall be awarded by the Department only if the conditions
21set forth in paragraph (4.6) of subsection (a) are satisfied.
22No inmate serving a term of natural life imprisonment shall
23receive sentence credit under subparagraph (B) of this
24paragraph (4).
25    Educational, vocational, substance abuse, behavior
26modification programs, life skills courses, re-entry planning,

 

 

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1and correctional industry programs under which sentence credit
2may be earned increased under this paragraph (4) and paragraph
3(4.1) of this subsection (a) shall be evaluated by the
4Department on the basis of documented standards. The
5Department shall report the results of these evaluations to
6the Governor and the General Assembly by September 30th of
7each year. The reports shall include data relating to the
8recidivism rate among program participants.
9    Availability of these programs shall be subject to the
10limits of fiscal resources appropriated by the General
11Assembly for these purposes. Eligible inmates who are denied
12immediate admission shall be placed on a waiting list under
13criteria established by the Department. The rules and
14regulations shall provide that a prisoner who has been placed
15on a waiting list but is transferred for non-disciplinary
16reasons before beginning a program shall receive priority
17placement on the waitlist for appropriate programs at the new
18facility. The inability of any inmate to become engaged in any
19such programs by reason of insufficient program resources or
20for any other reason established under the rules and
21regulations of the Department shall not be deemed a cause of
22action under which the Department or any employee or agent of
23the Department shall be liable for damages to the inmate. The
24rules and regulations shall provide that a prisoner who begins
25an educational, vocational, substance abuse, work-release
26programs or activities in accordance with Article 13 of

 

 

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1Chapter III of this Code 730 ILCS 5/3-13-1 et seq., behavior
2modification program, life skills course, re-entry planning,
3or correctional industry programs but is unable to complete
4the program due to illness, disability, transfer, lockdown, or
5another reason outside of the prisoner's control shall receive
6prorated sentence credits for the days in which the prisoner
7did participate.
8    (4.1) Except as provided in paragraph (4.7) of this
9subsection (a), the rules and regulations shall also provide
10that an additional 90 days of sentence credit shall be awarded
11to any prisoner who passes high school equivalency testing
12while the prisoner is committed to the Department of
13Corrections. The sentence credit awarded under this paragraph
14(4.1) shall be in addition to, and shall not affect, the award
15of sentence credit under any other paragraph of this Section,
16but shall also be pursuant to the guidelines and restrictions
17set forth in paragraph (4) of subsection (a) of this Section.
18The sentence credit provided for in this paragraph shall be
19available only to those prisoners who have not previously
20earned a high school diploma or a high school equivalency
21certificate. If, after an award of the high school equivalency
22testing sentence credit has been made, the Department
23determines that the prisoner was not eligible, then the award
24shall be revoked. The Department may also award 90 days of
25sentence credit to any committed person who passed high school
26equivalency testing while he or she was held in pre-trial

 

 

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1detention prior to the current commitment to the Department of
2Corrections. Except as provided in paragraph (4.7) of this
3subsection (a), the rules and regulations shall provide that
4an additional 120 days of sentence credit shall be awarded to
5any prisoner who obtains an a associate degree while the
6prisoner is committed to the Department of Corrections,
7regardless of the date that the associate degree was obtained,
8including if prior to July 1, 2021 (the effective date of
9Public Act 101-652) this amendatory Act of the 101st General
10Assembly. The sentence credit awarded under this paragraph
11(4.1) shall be in addition to, and shall not affect, the award
12of sentence credit under any other paragraph of this Section,
13but shall also be under the guidelines and restrictions set
14forth in paragraph (4) of subsection (a) of this Section. The
15sentence credit provided for in this paragraph (4.1) shall be
16available only to those prisoners who have not previously
17earned an associate degree prior to the current commitment to
18the Department of Corrections. If, after an award of the
19associate degree sentence credit has been made and the
20Department determines that the prisoner was not eligible, then
21the award shall be revoked. The Department may also award 120
22days of sentence credit to any committed person who earned an
23associate degree while he or she was held in pre-trial
24detention prior to the current commitment to the Department of
25Corrections.
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
2additional 180 days of sentence credit shall be awarded to any
3prisoner who obtains a bachelor's degree while the prisoner is
4committed to the Department of Corrections. The sentence
5credit awarded under this paragraph (4.1) shall be in addition
6to, and shall not affect, the award of sentence credit under
7any other paragraph of this Section, but shall also be under
8the guidelines and restrictions set forth in paragraph (4) of
9this subsection (a). The sentence credit provided for in this
10paragraph shall be available only to those prisoners who have
11not earned a bachelor's degree prior to the current commitment
12to the Department of Corrections. If, after an award of the
13bachelor's degree sentence credit has been made, the
14Department determines that the prisoner was not eligible, then
15the award shall be revoked. The Department may also award 180
16days of sentence credit to any committed person who earned a
17bachelor's degree while he or she was held in pre-trial
18detention prior to the current commitment to the Department of
19Corrections.
20    Except as provided in paragraph (4.7) of this subsection
21(a), the rules and regulations shall provide that an
22additional 180 days of sentence credit shall be awarded to any
23prisoner who obtains a master's or professional degree while
24the prisoner is committed to the Department of Corrections.
25The sentence credit awarded under this paragraph (4.1) shall
26be in addition to, and shall not affect, the award of sentence

 

 

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1credit under any other paragraph of this Section, but shall
2also be under the guidelines and restrictions set forth in
3paragraph (4) of this subsection (a). The sentence credit
4provided for in this paragraph shall be available only to
5those prisoners who have not previously earned a master's or
6professional degree prior to the current commitment to the
7Department of Corrections. If, after an award of the master's
8or professional degree sentence credit has been made, the
9Department determines that the prisoner was not eligible, then
10the award shall be revoked. The Department may also award 180
11days of sentence credit to any committed person who earned a
12master's or professional degree while he or she was held in
13pre-trial detention prior to the current commitment to the
14Department of Corrections.
15    (4.2) The rules and regulations shall also provide that
16any prisoner engaged in self-improvement programs, volunteer
17work, or work assignments that are not otherwise eligible
18activities under paragraph section (4), shall receive up to
190.5 days of sentence credit for each day in which the prisoner
20is engaged in activities described in this paragraph.
21    (4.5) The rules and regulations on sentence credit shall
22also provide that when the court's sentencing order recommends
23a prisoner for substance abuse treatment and the crime was
24committed on or after September 1, 2003 (the effective date of
25Public Act 93-354), the prisoner shall receive no sentence
26credit awarded under clause (3) of this subsection (a) unless

 

 

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1he or she participates in and completes a substance abuse
2treatment program. The Director may waive the requirement to
3participate in or complete a substance abuse treatment program
4in specific instances if the prisoner is not a good candidate
5for a substance abuse treatment program for medical,
6programming, or operational reasons. Availability of substance
7abuse treatment shall be subject to the limits of fiscal
8resources appropriated by the General Assembly for these
9purposes. If treatment is not available and the requirement to
10participate and complete the treatment has not been waived by
11the Director, the prisoner shall be placed on a waiting list
12under criteria established by the Department. The Director may
13allow a prisoner placed on a waiting list to participate in and
14complete a substance abuse education class or attend substance
15abuse self-help meetings in lieu of a substance abuse
16treatment program. A prisoner on a waiting list who is not
17placed in a substance abuse program prior to release may be
18eligible 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
21also provide that a prisoner who has been convicted of a sex
22offense as defined in Section 2 of the Sex Offender
23Registration Act shall receive no sentence credit unless he or
24she either has successfully completed or is participating in
25sex offender treatment as defined by the Sex Offender
26Management Board. However, prisoners who are waiting to

 

 

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1receive treatment, but who are unable to do so due solely to
2the lack of resources on the part of the Department, may, at
3the Director's sole discretion, be awarded sentence credit at
4a rate as the Director shall determine.
5    (4.7) On or after January 1, 2018 (the effective date of
6Public Act 100-3), sentence credit under paragraph (3), (4),
7or (4.1) of this subsection (a) may be awarded to a prisoner
8who is serving a sentence for an offense described in
9paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
10on or after January 1, 2018 (the effective date of Public Act
11100-3); provided, the award of the credits under this
12paragraph (4.7) shall not reduce the sentence of the prisoner
13to 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
23earlier than it otherwise would because of a grant of earned
24sentence credit under paragraph (3) of subsection (a) of this
25Section given at any time during the term, the Department
26shall give reasonable notice of the impending release not less

 

 

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1than 14 days prior to the date of the release to the State's
2Attorney of the county where the prosecution of the inmate
3took place, and if applicable, the State's Attorney of the
4county into which the inmate will be released. The Department
5must also make identification information and a recent photo
6of the inmate being released accessible on the Internet by
7means of a hyperlink labeled "Community Notification of Inmate
8Early Release" on the Department's World Wide Web homepage.
9The identification information shall include the inmate's:
10name, any known alias, date of birth, physical
11characteristics, commitment offense, and county where
12conviction was imposed. The identification information shall
13be placed on the website within 3 days of the inmate's release
14and the information may not be removed until either:
15completion of the first year of mandatory supervised release
16or return of the inmate to custody of the Department.
17    (b) Whenever a person is or has been committed under
18several convictions, with separate sentences, the sentences
19shall be construed under Section 5-8-4 in granting and
20forfeiting of sentence credit.
21    (c) (1) The Department shall prescribe rules and
22regulations for revoking sentence credit, including revoking
23sentence credit awarded under paragraph (3) of subsection (a)
24of this Section. The Department shall prescribe rules and
25regulations establishing and requiring the use of a sanctions
26matrix for revoking sentence credit. The Department shall

 

 

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1prescribe rules and regulations for suspending or reducing the
2rate of accumulation of sentence credit for specific rule
3violations, during imprisonment. These rules and regulations
4shall provide that no inmate may be penalized more than one
5year of sentence credit for any one infraction.
6    (2) When the Department seeks to revoke, suspend, or
7reduce the rate of accumulation of any sentence credits for an
8alleged infraction of its rules, it shall bring charges
9therefor against the prisoner sought to be so deprived of
10sentence credits before the Prisoner Review Board as provided
11in subparagraph (a)(4) of Section 3-3-2 of this Code, if the
12amount of credit at issue exceeds 30 days, whether from one
13infraction or cumulatively from multiple infractions arising
14out of a single event, or when, during any 12-month period, the
15cumulative amount of credit revoked exceeds 30 days except
16where the infraction is committed or discovered within 60 days
17of scheduled release. In those cases, the Department of
18Corrections may revoke up to 30 days of sentence credit. The
19Board may subsequently approve the revocation of additional
20sentence credit, if the Department seeks to revoke sentence
21credit in excess of 30 days. However, the Board shall not be
22empowered to review the Department's decision with respect to
23the loss of 30 days of sentence credit within any calendar year
24for any prisoner or to increase any penalty beyond the length
25requested by the Department.
26    (3) The Director of the Department of Corrections, in

 

 

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1appropriate cases, may restore sentence credits which have
2been revoked, suspended, or reduced. The Department shall
3prescribe rules and regulations governing the restoration of
4sentence credits. These rules and regulations shall provide
5for the automatic restoration of sentence credits following a
6period in which the prisoner maintains a record without a
7disciplinary violation.
8    Nothing contained in this Section shall prohibit the
9Prisoner Review Board from ordering, pursuant to Section
103-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
11sentence imposed by the court that was not served due to the
12accumulation of sentence credit.
13    (d) If a lawsuit is filed by a prisoner in an Illinois or
14federal court against the State, the Department of
15Corrections, or the Prisoner Review Board, or against any of
16their officers or employees, and the court makes a specific
17finding that a pleading, motion, or other paper filed by the
18prisoner is frivolous, the Department of Corrections shall
19conduct a hearing to revoke up to 180 days of sentence credit
20by bringing charges against the prisoner sought to be deprived
21of the sentence credits before the Prisoner Review Board as
22provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
23If the prisoner has not accumulated 180 days of sentence
24credit at the time of the finding, then the Prisoner Review
25Board may revoke all sentence credit accumulated by the
26prisoner.

 

 

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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
11validity of Public Act 89-404.
12    (f) Whenever the Department is to release any inmate who
13has been convicted of a violation of an order of protection
14under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
15the Criminal Code of 2012, earlier than it otherwise would
16because of a grant of sentence credit, the Department, as a
17condition of release, shall require that the person, upon
18release, be placed under electronic surveillance as provided
19in Section 5-8A-7 of this Code.
20(Source: P.A. 100-3, eff. 1-1-18; 100-575, eff. 1-8-18;
21101-440, 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
24delayed effective date)
25    Sec. 3-6-7.3. Committed person post-partum recovery

 

 

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1requirements. The Department shall ensure that, for a period
2of 72 hours after the birth of an infant by an committed
3person:
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
21use of a firearm; mandatory supervised release terms.
22    (a) Except as otherwise provided in the statute defining
23the offense or in Article 4.5 of Chapter V, a sentence of
24imprisonment for a felony shall be a determinate sentence set
25by the court under this Section, subject to Section 5-4.5-115

 

 

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1of 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,
24the parole or mandatory supervised release term shall be
25written as part of the sentencing order and shall be as
26follows:

 

 

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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;
19101-288, 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
22use of a firearm; mandatory supervised release terms.
23    (a) Except as otherwise provided in the statute defining
24the offense or in Article 4.5 of Chapter V, a sentence of
25imprisonment for a felony shall be a determinate sentence set

 

 

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1by the court under this Section, subject to Section 5-4.5-115
2of 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,
25the parole or mandatory supervised release term shall be
26written as part of the sentencing order and shall be as

 

 

10200HB3443sam005- 186 -LRB102 12812 RLC 27417 a

1follows:
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

 

 

10200HB3443sam005- 188 -LRB102 12812 RLC 27417 a

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
9of Public Act 101-652: (i) the provisions of paragraph (3) of
10subsection (d) are effective on January 1, 2022 and shall
11apply to all individuals convicted on or after the effective
12date of paragraph (3) of subsection (d); and (ii) the
13provisions of paragraphs (1.5) and (2) of subsection (d) are
14effective on July 1, 2021 and shall apply to all individuals
15convicted on or after the effective date of paragraphs (1.5)
16and (2) of subsection (d).
17(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19;
18101-288, 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
22authority may promulgate rules that prescribe reasonable
23guidelines under which an electronic monitoring and home
24detention program shall operate. When using electronic
25monitoring for home detention these rules shall include but

 

 

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1not 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
26designated by the supervising authority into his or her

 

 

10200HB3443sam005- 191 -LRB102 12812 RLC 27417 a

1residence at any time for purposes of verifying the
2participant's compliance with the conditions of his or her
3detention.
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.

 

 

10200HB3443sam005- 192 -LRB102 12812 RLC 27417 a

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
12authority may promulgate rules that prescribe reasonable
13guidelines under which an electronic monitoring and home
14detention program shall operate. When using electronic
15monitoring for home detention these rules may include but not
16be 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

 

 

10200HB3443sam005- 193 -LRB102 12812 RLC 27417 a

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.

 

 

10200HB3443sam005- 194 -LRB102 12812 RLC 27417 a

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.

 

 

10200HB3443sam005- 195 -LRB102 12812 RLC 27417 a

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
10Section 17.7 as follows:
 
11    (730 ILCS 125/17.7)
12    (This Section may contain text from a Public Act with a
13delayed effective date)
14    Sec. 17.7. Educational programming programing for pregnant
15prisoners. The Illinois Department of Public Health shall
16provide the sheriff with educational programming relating to
17pregnancy and parenting and the sheriff shall provide the
18programming to pregnant prisoners sheriff shall develop and
19provide to each pregnant prisoner educational programming
20relating to pregnancy and parenting. The programming must
21include 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;

 

 

10200HB3443sam005- 196 -LRB102 12812 RLC 27417 a

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
6amended 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
9delayed effective date)
10    Sec. 3-5. Report of deaths of persons in custody in
11correctional institutions.
12    (a) In this Act, "law enforcement agency" includes each
13law enforcement entity within this State having the authority
14to arrest and detain persons suspected of, or charged with,
15committing a criminal offense, and each law enforcement entity
16that operates a lock up, jail, prison, or any other facility
17used to detain persons for legitimate law enforcement
18purposes.
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

 

 

10200HB3443sam005- 197 -LRB102 12812 RLC 27417 a

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

 

 

10200HB3443sam005- 198 -LRB102 12812 RLC 27417 a

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
5correctional administrators shall make a good faith effort to
6obtain all relevant facts and circumstances relevant to the
7death and include those in the report.
8    (d) The Illinois Criminal Justice Information Authority
9shall create a standardized form to be used for the purpose of
10collecting information as described in subsection (b). The
11information shall comply with this Act and the Federal Death
12in Custody Reporting Act of 2013.
13    (e) Law enforcement agencies shall use the form described
14in 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
22may determine the manner in which the form is transmitted from
23a law enforcement agency to the Illinois Criminal Justice
24Information Authority. All state agencies that collect similar
25records as required under this Act, including Illinois State
26Police, Illinois Department of Corrections, and Illinois

 

 

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1Department of Juvenile Justice, shall collaborate with the
2Illinois Criminal Justice and Information Authority to collect
3the information in this Act.
4    (g) The reports shall be public records within the meaning
5of subsection (c) of Section 2 of the Freedom of Information
6Act and are open to public inspection, with the exception of
7any portion of the report that the Illinois Criminal Justice
8Information Authority determines is privileged or protected
9under Illinois or federal law.
10    (g-5) The Illinois Criminal Justice Information Authority
11shall begin collecting this information by January 1, 2022.
12The reports and publications in subsections (h) and below
13shall begin by June 1, 2022.
14    (h) The Illinois Criminal Justice Information Authority
15shall make available to the public information of all
16individual reports relating to deaths in custody through the
17Illinois Criminal Justice Information Authority's website to
18be updated on a quarterly basis.
19    (i) The Illinois Criminal Justice Information Authority
20shall issue a public annual report tabulating and evaluating
21trends and information on deaths in custody, including, but
22not 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
9Assembly and made available to the public on the Illinois
10Criminal Justice Information Authority's website the first
11week of February of each year.
12    (j) So that the State may oversee the healthcare provided
13to any person in the custody of each law enforcement agency
14within this State, provision of medical services to these
15persons, general care and treatment, and any other factors
16that may contribute to the death of any of these persons, the
17following information shall be made available to the public on
18the 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
8reasonably nominated by the decedent as an emergency contact
9shall be notified as soon as possible in a suitable manner
10giving an accurate factual account of the cause of death and
11circumstances surrounding the death in custody in accordance
12with State and federal law.
13    (l) The law enforcement agency or correctional facility
14shall name a staff person to act as dedicated family liaison
15officer to be a point of contact for the family, to make and
16maintain contact with the family, to report ongoing
17developments and findings of investigations, and to provide
18information and practical support. If requested by the
19deceased's next of kin, the law enforcement agency or
20correctional facility shall arrange for a chaplain, counselor,
21or other suitable staff member to meet with the family and
22discuss any faith considerations or concerns. The family has a
23right to the medical records of a family member who has died in
24custody and these records shall be disclosed to them in
25accordance with State and federal law.
26    (m) Each department shall assign an employee or employees

 

 

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1to file reports under this Section. It is unlawful for a person
2who is required under this Section to investigate a death or
3file a report to fail to include in the report facts known or
4discovered in the investigation to the Illinois Criminal
5Justice Information Authority. A violation of this Section is
6a 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
9expressly provided in Sections 3, 15, 55, 60, and 65, where
10this Act makes changes in a statute that is represented in this
11Act by text that is not yet or no longer in effect (for
12example, a Section represented by multiple versions), the use
13of that text does not accelerate or delay the taking effect of
14(i) the changes made by this Act or (ii) provisions derived
15from any other Public Act.
 
16    Section 97. Severability. The provisions of this Act are
17severable under Section 1.31 of the Statute on Statutes.
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.".