HB5588 104TH GENERAL ASSEMBLY

LRB104 19689 RLC 33138 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5588

Introduced 2/13/2026, by Rep. Robyn Gabel

SYNOPSIS AS INTRODUCED:

New Act
725 ILCS 5/103-10 new

Creates the Restorative Justice Community Court Act. Provides that the chief judge of each judicial circuit shall establish at least one Restorative Justice Community Court and may establish additional satellite Restorative Justice Community Courts. Provides that Restorative Justice Community Courts shall be planned, operated, and evaluated in accordance with the Illinois Supreme Court Problem-Solving Court standards and shall obtain certification and maintain compliance with the requirements of the Administrative Office of the Illinois Courts. Provides that referral to the Restorative Justice Community Court may be initiated by the court; the defendant; counsel for the defendant; probation, pretrial services, or Restorative Justice Community Court staff; or the State's Attorney. Provides that, upon admission to a Restorative Justice Community Court, the court shall enter an order staying the criminal proceedings and tolling the speedy-trial period. Provides that, upon a finding by the court that a participant has successfully completed all conditions of a Restorative Justice Community Court Agreement, including obligations to repair harm, participate in restorative processes, and comply with services and supports identified in the restorative agreement, the court shall: (1) dismiss the charge or charges underlying the participant's admission to the Restorative Justice Community Court in the interests of justice and (2) enter an order dismissing the charge or charges and expunging the record of arrest and court proceedings in accordance with the Criminal Identification Act without any statutory waiting period. Amends the Code of Criminal Procedure of 1963 to make conforming changes. Effective January 1, 2027.

A BILL FOR

AN ACT concerning courts.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Restorative Justice Community Court Act.

Section 5. Purpose and legislative findings. The General Assembly finds and declares that:

(1) restorative justice processes repair harm, improve community safety, and reduce recidivism by centering the needs of impacted persons, community members, and those who cause harm;

(2) restorative justice processes should be implemented to promote equity in access, reduce disparities in criminal legal system involvement, and build community capacity;

(3) community-based restorative justice practitioners and impacted persons are essential partners in the design, implementation, and accountability of Restorative Justice Community Courts; and

(4) Restorative Justice Community Courts, as pioneered by the Circuit Court of Cook County, have demonstrated effectiveness in resolving eligible cases through voluntary, structured, community-based processes.

Section 10. Definitions. As used in this Act:

"Impacted person" means a survivor or community member affected by an offense.

"Participant" means an eligible defendant admitted to the program.

"Restorative agreement" means a written, voluntary agreement developed through restorative justice processes that identifies actions to repair harm, accountability measures, and services and supports, with input from participants and impacted persons, and approved by the court.

"Restorative justice practice" has the meaning given to the term in Section 8-804.5 of the Code of Civil Procedure.

"Restorative Justice Community Court" means a court certified under this Act to facilitate restorative justice processes as a problem-solving court.

Section 15. Establishment and certification.

(a) The chief judge of each judicial circuit shall establish at least one Restorative Justice Community Court, subject to available resources, and may establish additional satellite Restorative Justice Community Courts.

(b) Restorative Justice Community Courts shall be planned, operated, and evaluated in accordance with the Illinois Supreme Court Problem-Solving Court Standards and shall obtain certification and maintain compliance with the requirements of the Administrative Office of the Illinois Courts.

(c) Courts may contract with community-based providers and employ trained restorative justice facilitators.

Section 20. Eligibility.

(a) Each judicial circuit shall develop written eligibility criteria consistent with the Illinois Supreme Court Problem-Solving Court Standards. Eligibility shall be broadly construed to maximize access to restorative justice processes for individuals whose participation would promote accountability, impacted person healing, and community safety.

(b) Presumptively eligible individuals include, but are not limited to, persons charged with misdemeanors and nonviolent felonies. Individuals charged with other offenses may be considered for participation following a judicial determination, after consultation with impacted persons, when appropriate, that participation serves the interests of justice and public safety.

(c) Eligibility determinations shall be guided by individualized assessments and may not rely solely on categorical exclusions. The chief judge shall review eligibility criteria at least annually to ensure that eligibility determinations remain consistent with restorative justice principles, equity goals, and public safety. The review shall include the collection and consideration of input from impacted communities, including community-based restorative justice facilitators, and defense and State's Attorney representatives. The chief judge shall publish a written report of findings, including any recommended or adopted revisions to eligibility criteria, on the circuit's public website or other publicly accessible platform, and shall transmit the report to the Administrative Office of the Illinois Courts for statewide aggregation and analysis.

(d) Nothing in this Section shall preclude the court from admitting individuals not meeting presumptive eligibility criteria if the court finds, based on individualized assessment and consultation with impacted persons, that participation is appropriate and consistent with restorative justice principles and public safety.

Section 25. Referral and admission authority.

(a) Referral may be initiated by the court, defense counsel, defendant, probation, pretrial services, Restorative Justice Community Court staff, or the State's Attorney.

(b) Admission requires:

(1) written consent of the defendant;

(2) stipulation to probable cause, or a judicial finding of probable cause following a review of the available evidence;

(3) approval of the court; and

(4) a finding that admission serves public safety, justice, and the impacted person's interests.

(c) The State's Attorney may be heard, but prosecutorial consent is not required for admission.

(d) Restorative Justice Community Court participation may occur pre-adjudication or post-adjudication.

(e) Nothing in this Act shall preclude a State's Attorney or law enforcement agency from referring a case to a Restorative Justice Community Court or associated restorative processes prior to the filing of formal charges, with consent of the impacted persons and defendant.

(f) Upon admission, impacted persons shall be notified of the participant's entry into the program and offered opportunities for participation and support, without conferring any additional rights or obligations.

Section 30. Stay of proceedings; speedy trial.

(a) Upon admission, the court shall stay further criminal proceedings.

(b) Upon admission to a Restorative Justice Community Court, the court shall enter an order pursuant to Section 103-10 of the Code of Criminal Procedure of 1963 staying the criminal proceedings and tolling the speedy-trial period.

Section 35. Restorative agreements.

(a) Agreements shall be developed through peace circles or other restorative processes, as defined in Section 8-804.5 of the Code of Civil Procedure, and shall:

(1) identify actions to repair harm;

(2) outline services and supports for the participant and impacted persons;

(3) establish timelines and accountability measures; and

(4) be voluntary and specific.

(b) Impacted persons shall be provided with meaningful, informed, and voluntary opportunities to participate in restorative justice processes, including access to appropriate support services and opportunities to provide input into the development, modification, and completion of restorative agreements. Their participation shall be considered in the process but shall not determine a defendant's participation in the Restorative Justice Community Court.

(c) The court shall ensure that restorative agreements include clear timelines and mechanisms for monitoring completion, and may convene periodic status hearings or circles to support accountability.

(d) The court may modify the terms of a restorative agreement upon a showing of good cause, with input from the participant and impacted persons, to promote accountability and successful completion.

Section 40. Completion and disposition.

(a) Upon a finding by the court that a participant has successfully completed all conditions of a Restorative Justice Community Court Agreement, including obligations to repair harm, participate in restorative processes, and comply with services and supports identified in the Agreement, the court shall:

(1) dismiss the charge or charges underlying the participant's admission to the Restorative Justice Community Court in the interests of justice; and

(2) enter an order dismissing the charge or charges and expunging the record of arrest and court proceedings in accordance with Section 5.2 of the Criminal Identification Act without any statutory waiting period. The clerk of the circuit court shall promptly transmit the order to the Illinois State Police for expungement.

(b) If a participant does not successfully complete the Restorative Justice Community Court Agreement, the case shall be returned to the criminal docket, and the speedy-trial period shall resume pursuant to Section 103-10 of the Code of Criminal Procedure of 1963. Impacted persons shall be notified of completion or termination of the agreement.

(c) Communications made during restorative justice processes shall remain privileged under Section 8-804.5 of the Code of Civil Procedure, and shall not be used in subsequent proceedings, except as otherwise permitted by law.

(d) Nothing in this Section shall preclude the court, the State's Attorney, the defense, or impacted persons from agreeing to other lawful dispositions consistent with restorative justice principles and applicable law.

Section 45. Data and evaluation.

(a) Each Restorative Justice Community Court shall collect and report de-identified data to the Administrative Office of the Illinois Courts.

(b) The Administrative Office of the Illinois Courts shall publish an annual statewide Restorative Justice Community Court report and submit the report to the General Assembly. The report shall include aggregate demographic and outcome data, including, but not limited to, admission and completion rates, charge types, restitution agreements, impacted person participation rates, and post-completion justice involvement disaggregated by race, ethnicity, age, and gender, where feasible.

Section 50. Training.

(a) Judges, attorneys, probation officers, restorative justice facilitators, and other personnel involved in the operation of Restorative Justice Community Courts shall receive initial and ongoing training to ensure the consistent, trauma-informed, and culturally responsive implementation of this Act.

(b) Training shall include, but is not limited to:

(1) restorative justice principles and practices, including circle process facilitation and community-based accountability frameworks;

(2) trauma-informed and culturally responsive care;

(3) racial equity, implicit bias, and structural drivers of system involvement;

(4) confidentiality principles and privilege requirements under Section 8-804.5 of the Code of Civil Procedure; and

(5) legal processes related to eligibility, admission, referral, and completion of Restorative Justice Community Court Agreements.

(c) The Administrative Office of the Illinois Courts shall establish minimum training and continuing education standards for all personnel engaged in Restorative Justice Community Court operations. The Administrative Office of the Illinois Courts may certify training curricula, partner with community-based restorative justice facilitators, and facilitate peer learning collaboratives to support local capacity building. Community-based facilitators may co-deliver or lead training components.

(d) All personnel shall participate in ongoing continuing education as required by the Administrative Office of the Illinois Courts. Continuing education shall emphasize emerging best practices, data-informed implementation, and strategies to promote equity and fidelity to restorative justice principles.

(e) Training efforts shall include opportunities for co-facilitation, consultation, and leadership by community-based restorative justice facilitators and impacted communities, recognizing their expertise and role as partners in the administration of justice.

Section 55. Funding. The Administrative Office of the Illinois Courts is authorized to establish and administer a Restorative Justice Community Court Fund to support planning, implementation, staffing, training, evaluation, and community partnership activities. The Fund may receive appropriations, grants, gifts, and donations from public and private sources, and the Administrative Office of the Illinois Courts may enter into agreements with governmental and philanthropic entities and public-private partnerships to support implementation. The Administrative Office of the Illinois Courts shall administer grant funding to circuits.

Section 60. Implementation. The Supreme Court may adopt rules necessary to implement this Act, including standards for certification, evaluation, and reporting. Circuits shall establish at least one Restorative Justice Community Court no later than July 1, 2029, subject to funding availability. The Administrative Office of the Illinois Courts shall develop and publish an implementation plan, including certification standards, training guidelines, and data reporting protocols, no later than July 1, 2028.

Section 90. The Code of Criminal Procedure of 1963 is amended by adding Section 103-10 as follows:

(725 ILCS 5/103-10 new)

Sec. 103-10. Restorative Justice Community Court stay.

(a) Upon entry of an order admitting a defendant to a Restorative Justice Community Court and the defendant's written consent, the statutory speedy-trial period shall be tolled for the duration of participation in the program.

(b) All further criminal proceedings shall be stayed pending program completion or termination.

(c) Upon successful completion, the court shall proceed in accordance with Section 40 of the Restorative Justice Community Court Act. Upon termination or withdrawal, the case shall be returned to the criminal docket, and the speedy-trial period shall resume.

Section 99. Effective date. This Act takes effect January 1, 2027.