SPRINGFIELD – Continuing her work to promote policies of rehabilitation, State Senator Rachel Ventura introduced two new bills aimed at improving the rights of juveniles interacting with the criminal justice system and allowing courts more flexibility in advocating for restorative justice programs for juveniles going through sentencing.

“The young people coming through our justice system must be treated as children first and offenders second,” said Ventura (D-Joliet). “These bills will ensure the rights of minors in custody are protected and that courts have the power to prioritize children’s well-being and rehabilitation over punishment and incarceration.”

Senate Bill 2974 would allow juvenile courts to consider restorative justice alternatives at all stages of a case, from diversion to sentencing. Restorative justice provides greater satisfaction to victims — through personal accountability in face-to-face meetings or through letters of apology — and results in lower rates of reoffending due to individualized repair of harm agreements that address the underlying issues that led to offending and that seek to repair the harm to the victim.

Under current law, consideration for restorative justice programs in the case of a juvenile is at the discretion of the district attorney’s office. The proposed measure would also allow the courts themselves to use their own judgment and mandate these programs in cases where they feel it would be beneficial.

Another initiative, Senate Bill 2973, would limit the use of statements made by minors, age 13-18, during custodial interrogation unless they have a lawyer with them throughout the interrogation. Under current law, statements made by children under the age of 15 cannot be used in adult or juvenile court proceedings in cases involving homicide or sex offense charges unless they have a lawyer with them throughout the custodial interrogation. This proposal would expand the current law to prohibit the use of any statement made by any child up to age 18 in any proceeding where an adult criminal sentence is a possibility unless the child has had a lawyer throughout questioning.

These measures come in the wake of another sponsored by Ventura and passed by the Senate this fall, House Bill 3492, which would create the youth nonviolent crime resource program to provide resources to minors declared delinquent for nonviolent crimes. Resources would include mentoring, educational resources, employment training opportunities, behavioral health services and more. The bill would also create the Child First Reform Task Force, which would review and study the necessity of juvenile detention centers, complaints that arise out of juvenile detention centers in the state, and community-based alternatives to juvenile detention. Additionally, it would educate courts, law enforcement, community facilities, and all stakeholders on the unique needs of youths, and research-based best practices.

SB 2974 and SB 2973 are currently awaiting Senate committee assignment.