Cook County State’s Attorney Eileen O’Neill Burke recently directed prosecutors to stop the practice of sending low-level, nonviolent gun possession cases to Cook County’s Restorative Justice Community Courts, or RJCC.
Burke’s office argues that these courts should focus on cases directly involving victims, such as retail theft, burglary or possession of a stolen car. A solo gun possession charge, on its face, only involves the weapon and the person accused of improperly possessing it.
However, without a clear alternative in place, at least two judges who oversee RJCCs, plus other advocates, are raising concerns about what this means for people who, under the old system, would have qualified for the intervention and wraparound supports that these courts offer. The judges warn that the abrupt policy change could lead to more felony convictions and incarceration rather than rehabilitation. RJCCs aim to end the harmful cycle of revenge and recidivism.
Cook County Circuit Judge Beatriz Santiago, who presides over the Avondale RJCC on the North West side, is concerned that this policy shift would harm potential program participants.
“Unless there’s another program available, they’re going to be charged as felons,” Santiago said “It’s extremely disappointing because it just labels them as a convict—or, in the worst case, incarcerates them. In my opinion, that doesn’t necessarily make our communities safer. The only way to achieve real safety is by supporting and investing in people and allowing them to heal from trauma.”
However, Cook County State’s Attorney’s Office policy chief Yvette Loizon clarified that the policy shift doesn’t eliminate eligible people from participating in other diversion programs. She added that a reclassification of charges, from a felony to misdemeanor is not being considered. The office must follow state statutes, she said, and cannot unilaterally change its charging practices.
Cook County Circuit Court Chief Judge Timothy Evans, in a written statement to The TRiiBE, said RJCC has been effective in “reducing recidivism and giving young people charged with low-level offenses a second chance.”
A study conducted by Evans’ office found that RJCC’s youngest participants, there is a 13% recidivism rate within one year of enrollment, compared to 65% among young people whose cases go through traditional court proceedings.
The court process can be intimidating for most people, whether they’re there for jury duty, traffic court, or more serious criminal cases. Courtrooms and their presiding judges often have a reputation for being sterile and serious in an environment that can lack warmth or compassion.
However, Cook County’s four Restorative Justice community courts are different than the norm. For managers and participants of the diversion programs, these courtrooms demonstrate the possibilities of restorative justice in action. For example, the judge isn’t wearing a black robe, and the room is arranged in a U-shape. The judge, social workers, case managers, peace circle keepers, volunteers, the program participant, defense attorney, State’s attorney, court reporter, and court clerk all sit side-by-side.
Restorative justice courts also require participants to have a “repair of harm” agreement where they talk face-to-face with the entity they have harmed.
Joseph Flores, 25, a West Sider, was initially skeptical about restorative justice. Before his arrest in 2022, he was unfamiliar with the practice. He was pulled over by Chicago police while driving, and during a search of his car, they found a gun. This was his first-ever gun offense.
In Illinois, carrying a loaded gun in public or in a car without a FOID (Firearm Owners Identification) card and a state-issued Concealed Carry License (CCL) is a felony.
“One of the lawyers that was dealing with my case, brought [the restorative justice program] up to the judge and said we could take a different route,” Flores said. “I gave it a try, and I realized that it would probably give me another chance, and that’s better than actually doing time.”
Flores’ case was diverted to the Avondale RJCC, one of the four restorative justice courts overseen by Santiago.
“I’ve grown. I’m a better person,” Flores said. He completed the RJCC program in October 2024. “I’m going to do things the right way, like get the FOID and conceal [carry] at the same time.”
Following the completion of the RJCC program, participants’ cases are dismissed. Nearly 600 people have been admitted to the RJCCs, according to data from a 2024 joint report by the Chicago Appleseed Center for Fair Courts and the Chicago Council of Lawyers.
Martin, then 24, was parked in front of his mother’s house in Englewood in the summer of 2023 when Chicago police officers responded to what they believed were gunshots based on a ShotSpotter alert.
Officers approached his car, saying they were responding to suspicious activity and that he was parked in a no-parking zone. They searched his vehicle and found a loaded gun. Martin had a FOID card and said he was scheduled to take a concealed carry class the following week to obtain his license. However, he was arrested because it is illegal to have a loaded gun in a car unless you possess the FOID card and the conceal carry license. His case was referred to the Englewood RJCC.
“They saw me for the person that I actually am, [and] not for the crime that I committed,” said Martin. “They saw me as more than just another statistic.”
Martin has since completed the RJ program and said Judge Donna Cooper and the other staff were welcoming and remain valuable resources to him today. He’s even considering becoming a peace circle practitioner, as peace circles are also part of the restorative justice program as well.
Cases like Martin’s potentially stem from Illinoisans being unfamiliar with the state’s gun laws.
However, not all guns are acquired legally. Between 2009 and 2019, 72% of arrests for gun crimes in Cook County were for illegal gun possession, according to a report from Loyola University’s Center for Criminal Justice Research, Policy, and Practice.
Additionally, one-third of Class 4 felony convictions statewide stem from arrests in 11 of Chicago’s 77 neighborhoods. During that period from 2009-2019, the majority of people arrested for Class 4 felony firearm offenses were between 18 and 24 years old.
Both Flores and Martin said they owned guns for their protection and because they didn’t feel safe in their communities.
The State’s Attorney’s Office aims to address these cases through the Illinois General Assembly. These bills, sponsored by Illinois State Senator Elgie R. Sims Jr. (D-17) and State Representative Justin Slaughter (D-27), would allow people accused of first-time, non-violent gun possession crimes to be eligible for a gun education program and to apply for an Illinois firearms permit while in the program.
“We wanted to solve this [gun] licensing issue in a way that could impact the entire county and the entire state, and we’ve done that,” Yoizon said. “By proposing legislation that will make it possible for first-time gun offenders who have FOID licensing issues to go into a diversion program that assists them… [they can become] compliant with the law.”
Burke says a better use of restorative justice courts is for crimes with identifiable victims, such as felony retail theft, Loizon said. The goal is to have prosecutors focus on courtroom cases involving violent crime and gun offenses with machine gun conversion devices.
“The State’s Attorney [Burke] believes that the RJCCs are good programs, but those programs are intended for crimes that involve an actual victim and possession of a gun,” Loizon said. “A class four gun possession felony does not involve any kind of victimization.”
After being sworn in as State’s Attorney, Burke also announced plans to lower the felony retail threshold from $1,000 to $300.
This policy shift allows RJCC to handle cases that Loizon considers more appropriate for restorative justice, such as burglary and possession of a stolen motor vehicle.
“That’s where the peace circle model is the most effective,” Loizon said. “The victim has the opportunity to explain the impact of that crime on their lives and their ability to function, and the offender gets an opportunity to understand the consequences of their actions, not just to themselves, but to the individual and the community at large.”
However, Cook County Circuit Judge Patricia Spratt, who has led the North Lawndale RJCC since 2021, argued that it’s unlikely that victims of retail theft cases will participate in peace circles. She’s seen no evidence that this works.
“We’ve had some retail theft and some criminal damage to property cases,” Spratt said. “The victim is a corporate entity and they’ve never sent anybody to sit in a circle as a victim. They just make a demand that part of the repair of harm agreement is restitutional. They just want their money. They don’t want to come and participate in the court.”
Even without victims present, Spratt added that RJCCs operate effectively.
Between 2020 and 2022, 218 people were admitted to RJCCs. As of March 2023, 118 cases were still pending. Of the 100 people who completed the program, 94 had their charges dropped and cases dismissed, while 6% were found guilty, according to a 2024 joint report by the Chicago Appleseed Center for Fair Courts and the Chicago Council of Lawyers.
Spratt shared that the four judges who preside over the RJCCs will meet with Burke’s office to discuss the policy and next steps.
For the sake of others who might end up in a similar predicament, Martin hopes that cases like his will continue to be diverted through a restorative justice court.
“This is something that helps our youth and some of them deserve a second chance,” Martin said. “Once you go and get that experience, and you get that off your background, you can do whatever you want. You can apply for whatever job. You can go and try to be in whatever field. Now you can go try to change your life.”
