JUV CT-COMMUNITY MEDIATION

Illinois General Assembly - Full Text of HB4639

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Full Text of HB4639

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HB4639 - 104th General Assembly

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HB4639 Enrolled
LRB104 16356 RLC 29743 b
1

AN ACT concerning courts.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Juvenile Court Act of 1987 is amended by
5
changing Sections 5-310 and 5-705 as follows:

6

(705 ILCS 405/5-310)
7

Sec. 5-310.
Community mediation program.
8

(1) Program purpose. The purpose of community mediation is
9
to provide a system by which minors who commit delinquent acts
10
may be dealt with in a speedy and informal manner at the
11
community or neighborhood level. The goal is to make the
12
juvenile understand the seriousness of the juvenile's actions
13
and the effect that a crime has on the minor, the minor's
14
family, the minor's victim and the minor's community. In
15
addition, this system offers a method to reduce the
16
ever-increasing instances of delinquent acts while permitting
17
the judicial system to deal effectively with cases that are
18
more serious in nature.
19

(2) Community mediation panels.
Either the court or the

20
The
State's Attorney,
or both,
or an entity designated by the
21
State's Attorney, may establish community mediation programs
22
designed to provide citizen participation in addressing
23
juvenile delinquency. The State's Attorney, or the State's

HB4639 Enrolled
- 2 -
LRB104 16356 RLC 29743 b
1
Attorney's designee, shall maintain a list of qualified
2
persons who have agreed to serve as community mediators. To
3
the maximum extent possible, panel membership shall reflect
4
the social-economic, racial and ethnic make-up of the
5
community in which the panel sits. The panel shall consist of
6
members with a diverse background in employment, education and
7
life experience.
8

(3) Community mediation cases.
9

(a) Community mediation programs shall provide one or
10

more community mediation panels to informally hear cases
11

that are referred by a police officer as a station
12

adjustment, or a probation officer as a probation
13

adjustment, or referred by the State's Attorney as a
14

diversion from prosecution.
15

(b) Minors who are offered the opportunity to
16

participate in the program must admit responsibility for
17

the offense to be eligible for the program.
18

(4) Disposition of cases. Subsequent to any hearing held,
19
the community mediation panel may:
20

(a) Refer the minor for placement in a community-based
21

nonresidential program.
22

(b) Refer the minor or the minor's family to community
23

counseling.
24

(c) Require the minor to perform up to 100 hours of
25

community service.
26

(d) Require the minor to make restitution in money or

HB4639 Enrolled
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LRB104 16356 RLC 29743 b
1

in kind in a case involving property damage; however, the
2

amount of restitution shall not exceed the amount of
3

actual damage to property.
4

(e) Require the minor and the minor's parent,
5

guardian, or legal custodian to undergo an approved
6

screening for substance abuse or use, or both. If the
7

screening indicates a need, a drug and alcohol assessment
8

of the minor and the minor's parent, guardian, or legal
9

custodian shall be conducted by an entity licensed by the
10

Department of Human Services, as a successor to the
11

Department of Alcoholism and Substance Abuse. The minor
12

and the minor's parent, guardian, or legal custodian shall
13

adhere to and complete all recommendations to obtain drug
14

and alcohol treatment and counseling resulting from the
15

assessment.
16

(f) Require the minor to attend school.
17

(g) Require the minor to attend tutorial sessions.
18

(h) Impose any other restrictions or sanctions that
19

are designed to encourage responsible and acceptable
20

behavior and are agreed upon by the participants of the
21

community mediation proceedings.
22

(5) The agreement shall run no more than 6 months. All
23
community mediation panel members and observers are required
24
to sign the following oath of confidentiality prior to
25
commencing community mediation proceedings:
26

"I solemnly swear or affirm that I will not

HB4639 Enrolled
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LRB104 16356 RLC 29743 b
1

divulge, either by words or signs, any information
2

about the case which comes to my knowledge in the
3

course of a community mediation presentation and that
4

I will keep secret all proceedings which may be held in
5

my presence.
6

Further, I understand that if I break
7

confidentiality by telling anyone else the names of
8

community mediation participants, except for
9

information pertaining to the community mediation
10

panelists themselves, or any other specific details of
11

the case which may identify that juvenile, I will no
12

longer be able to serve as a community mediation panel
13

member or observer."
14

(6) The State's Attorney shall adopt rules and procedures
15
governing administration of the program.
16
(Source: P.A. 103-22, eff. 8-8-23.)

17

(705 ILCS 405/5-705)
18

Sec. 5-705.
Sentencing hearing; evidence; continuance.
19

(1) In this subsection (1), "violent crime" has the same
20
meaning ascribed to the term in subsection (c) of Section 3 of
21
the Rights of Crime Victims and Witnesses Act. At the
22
sentencing hearing, the court shall determine whether it is in
23
the best interests of the minor or the public that the minor be
24
made a ward of the court, and, if the minor is to be made a
25
ward of the court, the court shall determine the proper

HB4639 Enrolled
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LRB104 16356 RLC 29743 b
1
disposition best serving the interests of the minor and the
2
public. All evidence helpful in determining these questions,
3
including oral and written reports, may be admitted and may be
4
relied upon to the extent of its probative value, even though
5
not competent for the purposes of the trial. A crime victim
6
shall be allowed to present an oral or written statement, as
7
guaranteed by Article I, Section 8.1 of the Illinois
8
Constitution and as provided in Section 6 of the Rights of
9
Crime Victims and Witnesses Act, in any case in which: (a) a
10
juvenile has been adjudicated delinquent for a violent crime
11
after a bench or jury trial; or (b) the petition alleged the
12
commission of a violent crime and the juvenile has been
13
adjudicated delinquent under a plea agreement of a crime that
14
is not a violent crime. The court shall allow a victim to make
15
an oral statement if the victim is present in the courtroom and
16
requests to make an oral statement. An oral statement includes
17
the victim or a representative of the victim reading the
18
written statement. The court may allow persons impacted by the
19
crime who are not victims under subsection (a) of Section 3 of
20
the Rights of Crime Victims and Witnesses Act to present an
21
oral or written statement. A victim and any person making an
22
oral statement shall not be put under oath or subject to
23
cross-examination. A record of a prior continuance under
24
supervision under Section 5-615, whether successfully
25
completed or not, is admissible at the sentencing hearing. No
26
order of commitment to the Department of Juvenile Justice

HB4639 Enrolled
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LRB104 16356 RLC 29743 b
1
shall be entered against a minor before a written report of
2
social investigation, which has been completed within the
3
previous 60 days, is presented to and considered by the court.
4

(2) Once a party has been served in compliance with
5
Section 5-525, no further service or notice must be given to
6
that party prior to proceeding to a sentencing hearing. Before
7
imposing sentence the court shall advise the State's Attorney
8
and the parties who are present or their counsel of the factual
9
contents and the conclusions of the reports prepared for the
10
use of the court and considered by it, and afford fair
11
opportunity, if requested, to controvert them. Factual
12
contents, conclusions, documents and sources disclosed by the
13
court under this paragraph shall not be further disclosed
14
without the express approval of the court.
15

(3)
(a) Prior to entering a sentence, the court may, where
16
such services or processes are available, require the parties
17
involved to consider participation in a restorative practice,
18
such as a conference or circle as defined in Section 8-804.5 of
19
the Code of Civil Procedure, to identify and repair harm to the
20
extent possible, address trauma, reduce the likelihood of
21
further harm, and strengthen community ties by focusing on the
22
needs and obligations of all parties involved through a
23
participatory process. Participation in the process shall be
24
voluntary by all parties, and any resulting agreement shall
25
contain only reasonable and proportionate obligations. The
26
agreement shall be recommended to the court as an alternative

HB4639 Enrolled
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LRB104 16356 RLC 29743 b
1
to sentencing under this Section.

2

(b)
On its own motion or that of the State's Attorney, a
3
parent, guardian, legal custodian, or counsel, the court may
4
adjourn the hearing for a reasonable period to receive reports
5
or other evidence and, in such event, shall make an
6
appropriate order for detention of the minor or the minor's
7
release from detention subject to supervision by the court
8
during the period of the continuance. In the event the court
9
shall order detention hereunder, the period of the continuance
10
shall not exceed 30 court days. At the end of such time, the
11
court shall release the minor from detention unless notice is
12
served at least 3 days prior to the hearing on the continued
13
date that the State will be seeking an extension of the period
14
of detention, which notice shall state the reason for the
15
request for the extension. The extension of detention may be
16
for a maximum period of an additional 15 court days or a lesser
17
number of days at the discretion of the court. However, at the
18
expiration of the period of extension, the court shall release
19
the minor from detention if a further continuance is granted.
20
In scheduling investigations and hearings, the court shall
21
give priority to proceedings in which a minor is in detention
22
or has otherwise been removed from the minor's home before a
23
sentencing order has been made.
24

(4) When commitment to the Department of Juvenile Justice
25
is ordered, the court shall state the basis for selecting the
26
particular disposition, and the court shall prepare such a

HB4639 Enrolled
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LRB104 16356 RLC 29743 b
1
statement for inclusion in the record.
2

(5) Before a sentencing order is entered by the court
3
under Section 5-710 for a minor adjudged delinquent for a
4
violation of paragraph (3.5) of subsection (a) of Section 26-1
5
of the Criminal Code of 2012, in which the minor made a threat
6
of violence, death, or bodily harm against a person, school,
7
school function, or school event, the court may order a mental
8
health evaluation of the minor by a physician, clinical
9
psychologist, or qualified examiner, whether employed by the
10
State, by any public or private mental health facility or part
11
of the facility, or by any public or private medical facility
12
or part of the facility. A statement made by a minor during the
13
course of a mental health evaluation conducted under this
14
subsection (5) is not admissible on the issue of delinquency
15
during the course of an adjudicatory hearing held under this
16
Act. Neither the physician, clinical psychologist, or
17
qualified examiner, or the employer of the physician, clinical
18
psychologist, or qualified examiner, shall be held criminally,
19
civilly, or professionally liable for performing a mental
20
health examination under this subsection (5), except for
21
willful or wanton misconduct. In this subsection (5),
22
"qualified examiner" has the meaning provided in Section 1-122
23
of the Mental Health and Developmental Disabilities Code.
24
(Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.)

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