By Tonia Hill
Originally published in The Triibe. Read this article on their website here.
It’s been a year since the Cook County State’s Attorney’s Office (CCSAO) under Eileen O’Neill Burke directed prosecutors to stop the practice of sending low-level, nonviolent gun possession cases to Cook County’s Restorative Justice Community Courts, or RJCC. In January, following a review, O’Neill Burke reversed the policy and resumed referring certain gun-possession cases to the RJCC.
Gun possession cases make up nearly 83% of all cases diverted to the RJCC, according to a 2024 joint report by the Chicago Appleseed Center for Fair Courts and Chicago Council of Lawyers. A solo gun possession charge, on its face, only involves the weapon and the person accused of improperly possessing it.
O’Neill Burke’s office at the time of the policy shift in 2025, said that these courts should focus on cases directly involving victims, such as retail theft, burglary or possession of a stolen car.
Following the completion of the RJCC program, participants’ cases are dismissed. 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.
In a statement to The TRiiBE, the CCSAO said the change follows “collaborative discussions with stakeholders.”
“These referrals focus on increased accountability and public safety, including firearm safety education and lawful gun ownership, and provide eligible participants access to court-approved programming, including the new Gun Accountability Program. (GAP), which offers a countywide court call for all eligible participants, making sure everyone has fair access to these programs,” the statement reads.
The Gun Accountability Program was approved by the Illinois State Legislature last spring and was approved by Gov. JB Pritzker in August 2025.
The legislation, sponsored by Illinois State Senator Elgie R. Sims Jr. (D-17) and State Representative Justin Slaughter (D-27), allows 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.
WTTW News was the first to report on the CCSAO’s updated referral process for the RJCC.
Since it was implemented on Jan. 5, five cases have been referred to the RJCC, according to the CCSAO, which added that each referral will be assessed individually to determine eligibility.
In a statement to The TRiiBE, Matthew Hendrickson, a spokesperson for the Cook County Public Defender’s Office, said the office is pleased to see O’Neill Burke reconsider her decision, but added that programs like the RJCC could be more impactful “if the office evaluated each case based on its unique circumstances and merit, instead of applying blanket policies that will exclude many people who could benefit from participation.”
“Strictly excluding participants from these programs will only result in more people being unnecessarily incarcerated and having to carry criminal records for a first-time, nonviolent mistake,” Hendrickson wrote. “The result will harm communities more than it will help by hindering people’s ability to work, secure housing and care for their families. While there is a perception that carrying a firearm with an extended magazine, for example, is an indication of a person’s intent, it is a much greater reflection of the black market and the weapons available to people in neighborhoods where they don’t feel safe and they don’t feel protected by the state.”
The Cook County Public Defender’s Office would like to see eligibility for programs like the RJCC expand rather than be reduced.
Last year, restorative justice advocates, including two of the judges who preside over RJCC, raised concerns about O’Neill Burke’s sudden policy shift and its implications for people who, under the old system, would have qualified for the intervention and wraparound supports the courts offer.
The judges warned that the abrupt policy change could have led to more felony convictions and incarceration rather than rehabilitation. The RJCC aims to end the harmful cycle of revenge and recidivism.
“Gun case referrals now use a restorative practice conference model that is appropriate for gun possession cases where there is no direct victim,” the CCSAO said.