(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.

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Terms Used In Illinois Compiled Statutes 705 ILCS 405/5-310

  • Department: means the Department of Human
    
Services unless specifically referenced as another department. See Illinois Compiled Statutes 705 ILCS 405/5-105
  • Diversion: means the referral of a juvenile,
  •     
    without court intervention, into a program that provides services designed to educate the juvenile and develop a productive and responsible approach to living in the community. See Illinois Compiled Statutes 705 ILCS 405/5-105
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Minor: means a person under the age of 21 years
  •     
    subject to this Act. See Illinois Compiled Statutes 705 ILCS 405/5-105
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
  • Station adjustment: means the informal or
  •     
    formal handling of an alleged offender by a juvenile police officer. See Illinois Compiled Statutes 705 ILCS 405/5-105

         (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.