Bill Amendment: IL HB4639 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: JUV CT-COMMUNITY MEDIATION

Status: 2026-06-18 - Sent to the Governor [HB4639 Detail]

Download: Illinois-2025-HB4639-House_Amendment_002.html

---

Rep. Justin Slaughter

Filed: 4/8/2026

 

 

 

10400HB4639ham002 LRB104 16356 RLC 36393 a
AMENDMENT TO HOUSE BILL 4639
AMENDMENT NO. ______. Amend House Bill 4639 by replacing
everything after the enacting clause with the following:
"Section 5. The Juvenile Court Act of 1987 is amended by
changing Sections 5-310 and 5-705 as follows:
(705 ILCS 405/5-310)
Sec. 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 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

10400HB4639ham002 - 2 - LRB104 16356 RLC 36393 a
the judicial system to deal effectively with cases that are
more serious in nature.
(2) Community mediation panels. Either the court or the
The State's Attorney, or both, 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:

10400HB4639ham002 - 3 - LRB104 16356 RLC 36393 a
(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

10400HB4639ham002 - 4 - LRB104 16356 RLC 36393 a
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. 103-22, eff. 8-8-23.)
(705 ILCS 405/5-705)
Sec. 5-705. Sentencing hearing; evidence; continuance.

10400HB4639ham002 - 5 - LRB104 16356 RLC 36393 a
(1) In this subsection (1), "violent crime" has the same
meaning ascribed to the term in subsection (c) of Section 3 of
the Rights of Crime Victims and Witnesses Act. At the
sentencing hearing, the court shall determine whether it is in
the best interests of the minor or the public that the minor be
made a ward of the court, and, if the minor is to be made a
ward of the court, the court shall determine the proper
disposition best serving the interests of the minor and the
public. All evidence helpful in determining these questions,
including oral and written reports, may be admitted and may be
relied upon to the extent of its probative value, even though
not competent for the purposes of the trial. A crime victim
shall be allowed to present an oral or written statement, as
guaranteed by Article I, Section 8.1 of the Illinois
Constitution and as provided in Section 6 of the Rights of
Crime Victims and Witnesses Act, in any case in which: (a) a
juvenile has been adjudicated delinquent for a violent crime
after a bench or jury trial; or (b) the petition alleged the
commission of a violent crime and the juvenile has been
adjudicated delinquent under a plea agreement of a crime that
is not a violent crime. The court shall allow a victim to make
an oral statement if the victim is present in the courtroom and
requests to make an oral statement. An oral statement includes
the victim or a representative of the victim reading the
written statement. The court may allow persons impacted by the
crime who are not victims under subsection (a) of Section 3 of

10400HB4639ham002 - 6 - LRB104 16356 RLC 36393 a
the Rights of Crime Victims and Witnesses Act to present an
oral or written statement. A victim and any person making an
oral statement shall not be put under oath or subject to
cross-examination. A record of a prior continuance under
supervision under Section 5-615, whether successfully
completed or not, is admissible at the sentencing hearing. No
order of commitment to the Department of Juvenile Justice
shall be entered against a minor before a written report of
social investigation, which has been completed within the
previous 60 days, is presented to and considered by the court.
(2) Once a party has been served in compliance with
Section 5-525, no further service or notice must be given to
that party prior to proceeding to a sentencing hearing. Before
imposing sentence the court shall advise the State's Attorney
and the parties who are present or their counsel of the factual
contents and the conclusions of the reports prepared for the
use of the court and considered by it, and afford fair
opportunity, if requested, to controvert them. Factual
contents, conclusions, documents and sources disclosed by the
court under this paragraph shall not be further disclosed
without the express approval of the court.
(3)(a) Prior to entering a sentence, the court shall
require the parties involved to consider participation in a
restorative practice such as a conference or circle, as
defined in Section 8-804.5 of the Code of Civil Procedure, to
identify and repair harm to the extent possible, address

10400HB4639ham002 - 7 - LRB104 16356 RLC 36393 a
trauma, reduce the likelihood of further harm, and strengthen
community ties by focusing on the needs and obligations of all
parties involved through a participatory process, and shall
place on the record that such consideration occurred or place
on the record the fact that participation in a restorative
practice could not be offered due to a lack of availability of
restorative practices. Participation in the process shall be
voluntary by all parties, and any resulting agreement shall
contain only reasonable and proportionate obligations. The
agreement shall be recommended to the court as an alternative
to sentencing under this Section. The court shall consider the
recommended agreement and, if it declines to adopt the
agreement, shall state on the record the reasons for doing so.
(b) On its own motion or that of the State's Attorney, a
parent, guardian, legal custodian, or counsel, the court may
adjourn the hearing for a reasonable period to receive reports
or other evidence and, in such event, shall make an
appropriate order for detention of the minor or the minor's
release from detention subject to supervision by the court
during the period of the continuance. In the event the court
shall order detention hereunder, the period of the continuance
shall not exceed 30 court days. At the end of such time, the
court shall release the minor from detention unless notice is
served at least 3 days prior to the hearing on the continued
date that the State will be seeking an extension of the period
of detention, which notice shall state the reason for the

10400HB4639ham002 - 8 - LRB104 16356 RLC 36393 a
request for the extension. The extension of detention may be
for a maximum period of an additional 15 court days or a lesser
number of days at the discretion of the court. However, at the
expiration of the period of extension, the court shall release
the minor from detention if a further continuance is granted.
In scheduling investigations and hearings, the court shall
give priority to proceedings in which a minor is in detention
or has otherwise been removed from the minor's home before a
sentencing order has been made.
(4) When commitment to the Department of Juvenile Justice
is ordered, the court shall state the basis for selecting the
particular disposition, and the court shall prepare such a
statement for inclusion in the record.
(5) Before a sentencing order is entered by the court
under Section 5-710 for a minor adjudged delinquent for a
violation of paragraph (3.5) of subsection (a) of Section 26-1
of the Criminal Code of 2012, in which the minor made a threat
of violence, death, or bodily harm against a person, school,
school function, or school event, the court may order a mental
health evaluation of the minor by a physician, clinical
psychologist, or qualified examiner, whether employed by the
State, by any public or private mental health facility or part
of the facility, or by any public or private medical facility
or part of the facility. A statement made by a minor during the
course of a mental health evaluation conducted under this
subsection (5) is not admissible on the issue of delinquency

10400HB4639ham002 - 9 - LRB104 16356 RLC 36393 a
during the course of an adjudicatory hearing held under this
Act. Neither the physician, clinical psychologist, or
qualified examiner, or the employer of the physician, clinical
psychologist, or qualified examiner, shall be held criminally,
civilly, or professionally liable for performing a mental
health examination under this subsection (5), except for
willful or wanton misconduct. In this subsection (5),
"qualified examiner" has the meaning provided in Section 1-122
of the Mental Health and Developmental Disabilities Code.
(Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.)".