RESTORATIVE JUSTICE COMMUN CT

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5588

Introduced 2/13/2026, by Rep. Robyn Gabel

SYNOPSIS AS INTRODUCED:

New Act
725 ILCS 5/103-10 new

Creates the Restorative Justice Community Court Act. Provides that
the chief judge of each judicial circuit shall establish at least one
Restorative Justice Community Court and may establish additional satellite
Restorative Justice Community Courts. Provides that Restorative Justice
Community Courts shall be planned, operated, and evaluated in accordance
with the Illinois Supreme Court Problem-Solving Court standards and shall
obtain certification and maintain compliance with the requirements of the
Administrative Office of the Illinois Courts. Provides that referral to
the Restorative Justice Community Court may be initiated by the court; the
defendant; counsel for the defendant; probation, pretrial services, or
Restorative Justice Community Court staff; or the State's Attorney.
Provides that, upon admission to a Restorative Justice Community Court,
the court shall enter an order staying the criminal proceedings and
tolling the speedy-trial period. Provides that, upon a finding by the
court that a participant has successfully completed all conditions of a
Restorative Justice Community Court Agreement, including obligations to
repair harm, participate in restorative processes, and comply with
services and supports identified in the restorative agreement, the court
shall: (1) dismiss the charge or charges underlying the participant's
admission to the Restorative Justice Community Court in the interests of
justice and (2) enter an order dismissing the charge or charges and
expunging the record of arrest and court proceedings in accordance with
the Criminal Identification Act without any statutory waiting period.
Amends the Code of Criminal Procedure of 1963 to make conforming changes.
Effective January 1, 2027.
LRB104 19689 RLC 33138 b

A BILL FOR

HB5588
LRB104 19689 RLC 33138 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 1.
Short title.
This Act may be cited as the
5
Restorative Justice Community Court Act.

6

Section 5.
Purpose and legislative findings.
The General
7
Assembly finds and declares that:
8

(1) restorative justice processes repair harm, improve
9

community safety, and reduce recidivism by centering the
10

needs of impacted persons, community members, and those
11

who cause harm;
12

(2) restorative justice processes should be implemented to
13

promote equity in access, reduce disparities in criminal
14

legal system involvement, and build community capacity;
15

(3) community-based restorative justice practitioners and
16

impacted persons are essential partners in the design,
17

implementation, and accountability of Restorative Justice
18

Community Courts; and
19

(4) Restorative Justice Community Courts, as pioneered by
20

the Circuit Court of Cook County, have demonstrated
21

effectiveness in resolving eligible cases through
22

voluntary, structured, community-based processes.

HB5588
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LRB104 19689 RLC 33138 b
1

Section 10.
Definitions.
As used in this Act:
2

"Impacted person" means a survivor or community member
3
affected by an offense.
4

"Participant" means an eligible defendant admitted to the
5
program.
6

"Restorative agreement" means a written, voluntary
7
agreement developed through restorative justice processes that
8
identifies actions to repair harm, accountability measures,
9
and services and supports, with input from participants and
10
impacted persons, and approved by the court.
11

"Restorative justice practice" has the meaning given to
12
the term in Section 8-804.5 of the Code of Civil Procedure.
13

"Restorative Justice Community Court" means a court
14
certified under this Act to facilitate restorative justice
15
processes as a problem-solving court.

16

Section 15.
Establishment and certification.
17

(a) The chief judge of each judicial circuit shall
18
establish at least one Restorative Justice Community Court,
19
subject to available resources, and may establish additional
20
satellite Restorative Justice Community Courts.
21

(b) Restorative Justice Community Courts shall be planned,
22
operated, and evaluated in accordance with the Illinois
23
Supreme Court Problem-Solving Court Standards and shall obtain
24
certification and maintain compliance with the requirements of
25
the Administrative Office of the Illinois Courts.

HB5588
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LRB104 19689 RLC 33138 b
1

(c) Courts may contract with community-based providers and
2
employ trained restorative justice facilitators.

3

Section 20.
Eligibility.
4

(a) Each judicial circuit shall develop written
5
eligibility criteria consistent with the Illinois Supreme
6
Court Problem-Solving Court Standards. Eligibility shall be
7
broadly construed to maximize access to restorative justice
8
processes for individuals whose participation would promote
9
accountability, impacted person healing, and community safety.
10

(b) Presumptively eligible individuals include, but are
11
not limited to, persons charged with misdemeanors and
12
nonviolent felonies. Individuals charged with other offenses
13
may be considered for participation following a judicial
14
determination, after consultation with impacted persons, when
15
appropriate, that participation serves the interests of
16
justice and public safety.
17

(c) Eligibility determinations shall be guided by
18
individualized assessments and may not rely solely on
19
categorical exclusions. The chief judge shall review
20
eligibility criteria at least annually to ensure that
21
eligibility determinations remain consistent with restorative
22
justice principles, equity goals, and public safety. The
23
review shall include the collection and consideration of input
24
from impacted communities, including community-based
25
restorative justice facilitators, and defense and State's

HB5588
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LRB104 19689 RLC 33138 b
1
Attorney representatives. The chief judge shall publish a
2
written report of findings, including any recommended or
3
adopted revisions to eligibility criteria, on the circuit's
4
public website or other publicly accessible platform, and
5
shall transmit the report to the Administrative Office of the
6
Illinois Courts for statewide aggregation and analysis.
7

(d) Nothing in this Section shall preclude the court from
8
admitting individuals not meeting presumptive eligibility
9
criteria if the court finds, based on individualized
10
assessment and consultation with impacted persons, that
11
participation is appropriate and consistent with restorative
12
justice principles and public safety.

13

Section 25.
Referral and admission authority.
14

(a) Referral may be initiated by the court, defense
15
counsel, defendant, probation, pretrial services, Restorative
16
Justice Community Court staff, or the State's Attorney.
17

(b) Admission requires:
18

(1) written consent of the defendant;
19

(2) stipulation to probable cause, or a judicial
20

finding of probable cause following a review of the
21

available evidence;
22

(3) approval of the court; and
23

(4) a finding that admission serves public safety,
24

justice, and the impacted person's interests.
25

(c) The State's Attorney may be heard, but prosecutorial

HB5588
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LRB104 19689 RLC 33138 b
1
consent is not required for admission.
2

(d) Restorative Justice Community Court participation may
3
occur pre-adjudication or post-adjudication.
4

(e) Nothing in this Act shall preclude a State's Attorney
5
or law enforcement agency from referring a case to a
6
Restorative Justice Community Court or associated restorative
7
processes prior to the filing of formal charges, with consent
8
of the impacted persons and defendant.
9

(f) Upon admission, impacted persons shall be notified of
10
the participant's entry into the program and offered
11
opportunities for participation and support, without
12
conferring any additional rights or obligations.

13

Section 30.
Stay of proceedings; speedy trial.
14

(a) Upon admission, the court shall stay further criminal
15
proceedings.
16

(b) Upon admission to a Restorative Justice Community
17
Court, the court shall enter an order pursuant to Section
18
103-10 of the Code of Criminal Procedure of 1963 staying the
19
criminal proceedings and tolling the speedy-trial period.

20

Section 35.
Restorative agreements.
21

(a) Agreements shall be developed through peace circles or
22
other restorative processes, as defined in Section 8-804.5 of
23
the Code of Civil Procedure, and shall:
24

(1) identify actions to repair harm;

HB5588
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LRB104 19689 RLC 33138 b
1

(2) outline services and supports for the participant
2

and impacted persons;
3

(3) establish timelines and accountability measures;
4

and
5

(4) be voluntary and specific.
6

(b) Impacted persons shall be provided with meaningful,
7
informed, and voluntary opportunities to participate in
8
restorative justice processes, including access to appropriate
9
support services and opportunities to provide input into the
10
development, modification, and completion of restorative
11
agreements. Their participation shall be considered in the
12
process but shall not determine a defendant's participation in
13
the Restorative Justice Community Court.
14

(c) The court shall ensure that restorative agreements
15
include clear timelines and mechanisms for monitoring
16
completion, and may convene periodic status hearings or
17
circles to support accountability.
18

(d) The court may modify the terms of a restorative
19
agreement upon a showing of good cause, with input from the
20
participant and impacted persons, to promote accountability
21
and successful completion.

22

Section 40.
Completion and disposition.
23

(a) Upon a finding by the court that a participant has
24
successfully completed all conditions of a Restorative Justice
25
Community Court Agreement, including obligations to repair

HB5588
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LRB104 19689 RLC 33138 b
1
harm, participate in restorative processes, and comply with
2
services and supports identified in the Agreement, the court
3
shall:
4

(1) dismiss the charge or charges underlying the
5

participant's admission to the Restorative Justice
6

Community Court in the interests of justice; and
7

(2) enter an order dismissing the charge or charges
8

and expunging the record of arrest and court proceedings
9

in accordance with Section 5.2 of the Criminal
10

Identification Act without any statutory waiting period.
11

The clerk of the circuit court shall promptly transmit the
12

order to the Illinois State Police for expungement.
13

(b) If a participant does not successfully complete the
14
Restorative Justice Community Court Agreement, the case shall
15
be returned to the criminal docket, and the speedy-trial
16
period shall resume pursuant to Section 103-10 of the Code of
17
Criminal Procedure of 1963. Impacted persons shall be notified
18
of completion or termination of the agreement.
19

(c) Communications made during restorative justice
20
processes shall remain privileged under Section 8-804.5 of the
21
Code of Civil Procedure, and shall not be used in subsequent
22
proceedings, except as otherwise permitted by law.
23

(d) Nothing in this Section shall preclude the court, the
24
State's Attorney, the defense, or impacted persons from
25
agreeing to other lawful dispositions consistent with
26
restorative justice principles and applicable law.

HB5588
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LRB104 19689 RLC 33138 b
1

Section 45.
Data and evaluation.
2

(a) Each Restorative Justice Community Court shall collect
3
and report de-identified data to the Administrative Office of
4
the Illinois Courts.
5

(b) The Administrative Office of the Illinois Courts shall
6
publish an annual statewide Restorative Justice Community
7
Court report and submit the report to the General Assembly.
8
The report shall include aggregate demographic and outcome
9
data, including, but not limited to, admission and completion
10
rates, charge types, restitution agreements, impacted person
11
participation rates, and post-completion justice involvement
12
disaggregated by race, ethnicity, age, and gender, where
13
feasible.

14

Section 50.
Training.
15

(a) Judges, attorneys, probation officers, restorative
16
justice facilitators, and other personnel involved in the
17
operation of Restorative Justice Community Courts shall
18
receive initial and ongoing training to ensure the consistent,
19
trauma-informed, and culturally responsive implementation of
20
this Act.
21

(b) Training shall include, but is not limited to:
22

(1) restorative justice principles and practices,
23

including circle process facilitation and community-based
24

accountability frameworks;

HB5588
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LRB104 19689 RLC 33138 b
1

(2) trauma-informed and culturally responsive care;
2

(3) racial equity, implicit bias, and structural
3

drivers of system involvement;
4

(4) confidentiality principles and privilege
5

requirements under Section 8-804.5 of the Code of Civil
6

Procedure; and
7

(5) legal processes related to eligibility, admission,
8

referral, and completion of Restorative Justice Community
9

Court Agreements.
10

(c) The Administrative Office of the Illinois Courts shall
11
establish minimum training and continuing education standards
12
for all personnel engaged in Restorative Justice Community
13
Court operations. The Administrative Office of the Illinois
14
Courts may certify training curricula, partner with
15
community-based restorative justice facilitators, and
16
facilitate peer learning collaboratives to support local
17
capacity building. Community-based facilitators may co-deliver
18
or lead training components.
19

(d) All personnel shall participate in ongoing continuing
20
education as required by the Administrative Office of the
21
Illinois Courts. Continuing education shall emphasize emerging
22
best practices, data-informed implementation, and strategies
23
to promote equity and fidelity to restorative justice
24
principles.
25

(e) Training efforts shall include opportunities for
26
co-facilitation, consultation, and leadership by

HB5588
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LRB104 19689 RLC 33138 b
1
community-based restorative justice facilitators and impacted
2
communities, recognizing their expertise and role as partners
3
in the administration of justice.

4

Section 55.
Funding.
The Administrative Office of the
5
Illinois Courts is authorized to establish and administer a
6
Restorative Justice Community Court Fund to support planning,
7
implementation, staffing, training, evaluation, and community
8
partnership activities. The Fund may receive appropriations,
9
grants, gifts, and donations from public and private sources,
10
and the Administrative Office of the Illinois Courts may enter
11
into agreements with governmental and philanthropic entities
12
and public-private partnerships to support implementation. The
13
Administrative Office of the Illinois Courts shall administer
14
grant funding to circuits.

15

Section 60.
Implementation.
The Supreme Court may adopt
16
rules necessary to implement this Act, including standards for
17
certification, evaluation, and reporting. Circuits shall
18
establish at least one Restorative Justice Community Court no
19
later than July 1, 2029, subject to funding availability. The
20
Administrative Office of the Illinois Courts shall develop and
21
publish an implementation plan, including certification
22
standards, training guidelines, and data reporting protocols,
23
no later than July 1, 2028.

HB5588
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LRB104 19689 RLC 33138 b
1

Section 90.
The Code of Criminal Procedure of 1963 is
2
amended by adding Section 103-10 as follows:

3

(725 ILCS 5/103-10 new)
4

Sec. 103-10.
Restorative Justice Community Court stay.
5

(a) Upon entry of an order admitting a defendant to a
6
Restorative Justice Community Court and the defendant's
7
written consent, the statutory speedy-trial period shall be
8
tolled for the duration of participation in the program.

9

(b) All further criminal proceedings shall be stayed
10
pending program completion or termination.
11

(c) Upon successful completion, the court shall proceed in
12
accordance with Section 40 of the Restorative Justice
13
Community Court Act. Upon termination or withdrawal, the case
14
shall be returned to the criminal docket, and the speedy-trial
15
period shall resume.

16

Section 99.
Effective date.
This Act takes effect January
17
1, 2027.

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