Sec. 5-310. Community mediation program.

646 words·~3 min read·/il/chapter-705/act-405/5-310

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(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 the juvenile's actions and the effect that a crime has on the minor, the minor's family, the minor's victim and the minor's community. In 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 establish community mediation programs designed to provide citizen participation in addressing juvenile delinquency. The State's Attorney, or the State's Attorney's designee, shall 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 community counseling.

(c)Require the minor to perform up to 100 hours of community service.

(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 the minor's 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 the minor's 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 the minor's 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.