(705 ILCS 405/5-310)
Community mediation program.
(1) Program purpose.
The purpose of community mediation is to provide a system by which minors who
commit delinquent acts may be dealt with in a speedy and informal manner at the
community or neighborhood level. The goal is to make the juvenile understand
the seriousness of his or her actions and the effect that a crime has on
the minor, his or her family, his or her victim and his or her community.
addition, this system offers a method to reduce the ever-increasing instances
of delinquent acts while permitting the judicial system to deal effectively
with cases that are more serious in nature.
(2) Community mediation panels.
The State's Attorney, or an entity designated by the State's Attorney, may
community mediation programs designed to provide citizen participation in
addressing juvenile delinquency. The State's Attorney, or his or her designee,
maintain a list of qualified persons who have agreed to serve as community
mediators. To the maximum extent possible, panel membership shall reflect the
social-economic, racial and ethnic make-up of the community in which the panel
sits. The panel shall consist of members with a diverse background in
employment, education and life experience.
(3) Community mediation cases.
(a) Community mediation programs shall provide one or
more community mediation panels to informally hear cases that are referred by a police officer as a station adjustment, or a probation officer as a probation adjustment, or referred by the State's Attorney as a diversion from prosecution.
(b) Minors who are offered the opportunity to
participate in the program must admit responsibility for the offense to be eligible for the program.
(4) Disposition of cases.
Subsequent to any hearing held, the community mediation panel may:
(a) Refer the minor for placement in a
community-based nonresidential program.
(b) Refer the minor or the minor's family to
(c) Require the minor to perform up to 100 hours of
(d) Require the minor to make restitution in money or
in kind in a case involving property damage; however, the amount of restitution shall not exceed the amount of actual damage to property.
(e) Require the minor and his or her parent,
guardian, or legal custodian to undergo an approved screening for substance abuse or use, or both. If the screening indicates a need, a drug and alcohol assessment of the minor and his or her parent, guardian, or legal custodian shall be conducted by an entity licensed by the Department of Human Services, as a successor to the Department of Alcoholism and Substance Abuse. The minor and his or her parent, guardian, or legal custodian shall adhere to and complete all recommendations to obtain drug and alcohol treatment and counseling resulting from the assessment.
(f) Require the minor to attend school.
(g) Require the minor to attend tutorial sessions.
(h) Impose any other restrictions or sanctions that
are designed to encourage responsible and acceptable behavior and are agreed upon by the participants of the community mediation proceedings.
(5) The agreement shall run no more than 6 months. All community
mediation panel members and
observers are required to sign the following oath of confidentiality prior to
commencing community mediation proceedings:
"I solemnly swear or affirm that I will not
divulge, either by words or signs, any information about the case which comes to my knowledge in the course of a community mediation presentation and that I will keep secret all proceedings which may be held in my presence.
Further, I understand that if I break
confidentiality by telling anyone else the names of community mediation participants, except for information pertaining to the community mediation panelists themselves, or any other specific details of the case which may identify that juvenile, I will no longer be able to serve as a community mediation panel member or observer."
(6) The State's Attorney shall adopt rules and procedures
governing administration of the program.
(Source: P.A. 90-590, eff. 1-1-99.)