HB 4639

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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,
3represented in the General Assembly:
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing 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
9to provide a system by which minors who commit delinquent acts
10may be dealt with in a speedy and informal manner at the
11community or neighborhood level. The goal is to make the
12juvenile understand the seriousness of the juvenile's actions
13and the effect that a crime has on the minor, the minor's
14family, the minor's victim and the minor's community. In
15addition, this system offers a method to reduce the
16ever-increasing instances of delinquent acts while permitting
17the judicial system to deal effectively with cases that are
18more 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
21State's Attorney, may establish community mediation programs
22designed to provide citizen participation in addressing
23juvenile delinquency. The State's Attorney, or the State's
		HB4639 Enrolled	- 2 -	LRB104 16356 RLC 29743 b
1Attorney's designee, shall maintain a list of qualified
2persons who have agreed to serve as community mediators. To
3the maximum extent possible, panel membership shall reflect
4the social-economic, racial and ethnic make-up of the
5community in which the panel sits. The panel shall consist of
6members with a diverse background in employment, education and
7life 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,
19the 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	- 3 -	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
23community mediation panel members and observers are required
24to sign the following oath of confidentiality prior to
25commencing community mediation proceedings:
26            "I solemnly swear or affirm that I will not
		HB4639 Enrolled	- 4 -	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
15governing 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
20meaning ascribed to the term in subsection (c) of Section 3 of
21the Rights of Crime Victims and Witnesses Act. At the
22sentencing hearing, the court shall determine whether it is in
23the best interests of the minor or the public that the minor be
24made a ward of the court, and, if the minor is to be made a
25ward of the court, the court shall determine the proper
		HB4639 Enrolled	- 5 -	LRB104 16356 RLC 29743 b
1disposition best serving the interests of the minor and the
2public. All evidence helpful in determining these questions,
3including oral and written reports, may be admitted and may be
4relied upon to the extent of its probative value, even though
5not competent for the purposes of the trial. A crime victim
6shall be allowed to present an oral or written statement, as
7guaranteed by Article I, Section 8.1 of the Illinois
8Constitution and as provided in Section 6 of the Rights of
9Crime Victims and Witnesses Act, in any case in which: (a) a
10juvenile has been adjudicated delinquent for a violent crime
11after a bench or jury trial; or (b) the petition alleged the
12commission of a violent crime and the juvenile has been
13adjudicated delinquent under a plea agreement of a crime that
14is not a violent crime. The court shall allow a victim to make
15an oral statement if the victim is present in the courtroom and
16requests to make an oral statement. An oral statement includes
17the victim or a representative of the victim reading the
18written statement. The court may allow persons impacted by the
19crime who are not victims under subsection (a) of Section 3 of
20the Rights of Crime Victims and Witnesses Act to present an
21oral or written statement. A victim and any person making an
22oral statement shall not be put under oath or subject to
23cross-examination. A record of a prior continuance under
24supervision under Section 5-615, whether successfully
25completed or not, is admissible at the sentencing hearing. No
26order of commitment to the Department of Juvenile Justice
		HB4639 Enrolled	- 6 -	LRB104 16356 RLC 29743 b
1shall be entered against a minor before a written report of
2social investigation, which has been completed within the
3previous 60 days, is presented to and considered by the court.
4    (2) Once a party has been served in compliance with
5Section 5-525, no further service or notice must be given to
6that party prior to proceeding to a sentencing hearing. Before
7imposing sentence the court shall advise the State's Attorney
8and the parties who are present or their counsel of the factual
9contents and the conclusions of the reports prepared for the
10use of the court and considered by it, and afford fair
11opportunity, if requested, to controvert them. Factual
12contents, conclusions, documents and sources disclosed by the
13court under this paragraph shall not be further disclosed
14without the express approval of the court.
15    (3)(a) Prior to entering a sentence, the court may, where 
16such services or processes are available, require the parties 
17involved to consider participation in a restorative practice, 
18such as a conference or circle as defined in Section 8-804.5 of 
19the Code of Civil Procedure, to identify and repair harm to the 
20extent possible, address trauma, reduce the likelihood of 
21further harm, and strengthen community ties by focusing on the 
22needs and obligations of all parties involved through a 
23participatory process. Participation in the process shall be 
24voluntary by all parties, and any resulting agreement shall 
25contain only reasonable and proportionate obligations. The 
26agreement shall be recommended to the court as an alternative 
		HB4639 Enrolled	- 7 -	LRB104 16356 RLC 29743 b
1to sentencing under this Section.
2    (b) On its own motion or that of the State's Attorney, a
3parent, guardian, legal custodian, or counsel, the court may
4adjourn the hearing for a reasonable period to receive reports
5or other evidence and, in such event, shall make an
6appropriate order for detention of the minor or the minor's
7release from detention subject to supervision by the court
8during the period of the continuance. In the event the court
9shall order detention hereunder, the period of the continuance
10shall not exceed 30 court days. At the end of such time, the
11court shall release the minor from detention unless notice is
12served at least 3 days prior to the hearing on the continued
13date that the State will be seeking an extension of the period
14of detention, which notice shall state the reason for the
15request for the extension. The extension of detention may be
16for a maximum period of an additional 15 court days or a lesser
17number of days at the discretion of the court. However, at the
18expiration of the period of extension, the court shall release
19the minor from detention if a further continuance is granted.
20In scheduling investigations and hearings, the court shall
21give priority to proceedings in which a minor is in detention
22or has otherwise been removed from the minor's home before a
23sentencing order has been made.
24    (4) When commitment to the Department of Juvenile Justice
25is ordered, the court shall state the basis for selecting the
26particular disposition, and the court shall prepare such a
		HB4639 Enrolled	- 8 -	LRB104 16356 RLC 29743 b
1statement for inclusion in the record.
2    (5) Before a sentencing order is entered by the court
3under Section 5-710 for a minor adjudged delinquent for a
4violation of paragraph (3.5) of subsection (a) of Section 26-1
5of the Criminal Code of 2012, in which the minor made a threat
6of violence, death, or bodily harm against a person, school,
7school function, or school event, the court may order a mental
8health evaluation of the minor by a physician, clinical
9psychologist, or qualified examiner, whether employed by the
10State, by any public or private mental health facility or part
11of the facility, or by any public or private medical facility
12or part of the facility. A statement made by a minor during the
13course of a mental health evaluation conducted under this
14subsection (5) is not admissible on the issue of delinquency
15during the course of an adjudicatory hearing held under this
16Act. Neither the physician, clinical psychologist, or
17qualified examiner, or the employer of the physician, clinical
18psychologist, or qualified examiner, shall be held criminally,
19civilly, or professionally liable for performing a mental
20health examination under this subsection (5), except for
21willful or wanton misconduct. In this subsection (5),
22"qualified examiner" has the meaning provided in Section 1-122
23of the Mental Health and Developmental Disabilities Code.
24(Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.)