DECATUR, Ill. (WAND) – A Cook County judge is on a mission to overhaul the criminal justice system with hopes his program will eventually make its way to Central Illinois.
The new court would be a third branch of the already established courts in Illinois under Chief Judge Timothy Evans. It is called the “Young Adult Court” and is focused on those between the ages of 18 and 26 who have committed a non-violent misdemeanor or felony.
"We cannot prosecute, we could not arrest, we cannot convict our way out of this problem,” Judge Evans said. "We say that is the way to stop the crime. Not to punish their way out, but to heal their way out."
"We say that is the way to stop the crime. Not to punish their way out, but to heal their way out."
The plan by Judge Evans is to heal and not prosecute the defendant by holding them accountable for their actions by making them take responsibility.
If a defendant is sent to the program, they must admit to the crime they are charged with and apologize to the victim. The defendant will then sign a “repair of harm agreement” agreeing to a form of restitution before taking part in steps to prevent the recurrence of the crime. Under the current system, Judge Evans said about 50% of offenders between 18 and 26 end up back in court.
"We show that when these people graduate, they can usually get a job and they aren't involved in any criminal activity anymore,” Judge Evans said. “With regular arrest and punishment, about 50% of those people who go away to jail come back to jail again even after they get out.”
Another part of the program is creating “peace circles” around the suspect.
A peace circle is a small group made up of friends, family and people close to those involved in the crime. They meet in a circle for a deep dive into the offender’s mindset at the time of the crime and what he or she can do to repair the damage done.
"When that perpetrator makes a promise to the victim, he is making that promise to never to that do the victim or anyone else surrounded by his friends, and surrounded by his neighbors,” Judge Evans said.
The focus on those between the ages of 18 and 26 is based on science. The group is known as “emerging adults” in Judge Evans' plan. Research shows that those in that age group do not have a fully developed pre-frontal cortex, or the part of the brain responsible for controlling decision making, impulse control and weighing pros and cons of decisions.
"Like juveniles, who also lack a fully developed pre-frontal cortex, emerging adults are often sensation-seekers who are easily led astray and frequently act without first considering the consequences of their actions," Evans said. "While their actions without a fully developed brain often can be devastating to other members of our society, their personality is not irretrievable, and their conduct can be particularly responsive to restorative justice techniques pursued with them in a community court setting."
Judge Evans believes the lack of development can lead to criminal actions. Those who study the brain agree.
"The research definitely backs that up,” Chelsea Mueller, the director of outpatient services at Heritage Behavior Health, said. "If it is not fully developed, it makes it difficult for folks of that age to make decisions that are minimally impulsive and so forth."
Mueller believes a criminal being forced to confront their victim could lead to them not recommitting crimes.
"It is one thing to commit crime and never see that individual and never know how it has impacted them,” Mueller said. “It is another thing to see firsthand how their actions have impacted someone else."
In Cook County, where the program is already being used, the success rate speaks for itself.
More than 100 people total have been enrolled in the program since it started. Fifty-one people are currently enrolled. Of the 100, 16 of them did not comply or opted out, and one of them was killed in a gang-related shooting. A total of 71 people has completed the program, and none have committed another crime.
Not everyone things a new court to the way to success, however. Not only does newly-elected Macon County State’s Attorney Scott Rueter wonder how a new court would be paid for, he believes new guidelines for the current adult court would be a better option.
"We simply adopt some rules that say if you are of such age, then in adult court, these additional conditions or options apply instead of starting a whole new court, which I think is going to cost more money,” Rueter said.
While the goal of the new court is to keep people out of jail, Rueter thinks claiming a lack of a developed brain is an easy out for criminals.
"We're getting too far away from the idea of self-responsibility in my opinion," Rueter said.
"We're getting too far away from the idea of self-responsibility in my opinion."
Rueter went on to say he believes “part of our problem in our society with some of the people behaving the way they are is that people are too willing to absolve themselves of responsibility."
Judge Evans told WAND News he has reached out to the Supreme Court to find a way to make this program statewide, but the court said it has not been presented the idea. The judge said he is also looking at the possibility of using the legislature to make the new “Young Adult Court” part of the state statute. Right now, there are no discussions in the legislature to make that happen.
If the program goes statewide, who will foot the bill is still up in the air. In one Cook County neighborhood where the program is already in effect, the cost if expected to be around $593,000 for all of 2021. The average cost of jailing someone for one year in an Illinois prison is about $38,000.
