(705 ILCS 405/5-810)
Extended jurisdiction juvenile prosecutions.
(1) (a) If the State's Attorney files a petition, at any time prior to
commencement of the
minor's trial, to designate the proceeding as an extended jurisdiction juvenile
prosecution and the petition alleges the commission by a minor 13 years of age
older of any offense which would be a felony if committed by an adult, and, if
assigned to hear and determine petitions to designate the proceeding as an
extended jurisdiction juvenile prosecution determines that there is probable
cause to believe that the allegations in the petition and motion are true,
there is a rebuttable presumption that the proceeding shall be designated as an
extended jurisdiction juvenile proceeding.
(b) The judge shall enter an order designating the proceeding as an
extended jurisdiction juvenile proceeding unless the judge makes a finding
based on clear and convincing evidence that sentencing under the Chapter V of
the Unified Code of Corrections would not be appropriate for the minor based on
an evaluation of the
(i) the age of the minor;
(ii) the history of the minor, including:
(A) any previous delinquent or criminal history
(B) any previous abuse or neglect history of the
(C) any mental health, physical and/or
educational history of the minor;
(iii) the circumstances of the offense, including:
(A) the seriousness of the offense,
(B) whether the minor is charged through
(C) whether there is evidence the offense was
committed in an aggressive and premeditated manner,
(D) whether there is evidence the offense caused
(E) whether there is evidence the minor possessed
(iv) the advantages of treatment within the juvenile
justice system including whether there are facilities or programs, or both, particularly available in the juvenile system;
(v) whether the security of the public requires
sentencing under Chapter V of the Unified Code of Corrections:
(A) the minor's history of services, including
the minor's willingness to participate meaningfully in available services;
(B) whether there is a reasonable likelihood that
the minor can be rehabilitated before the expiration of the juvenile court's jurisdiction;
(C) the adequacy of the punishment or services.
In considering these factors, the court shall give greater weight to the
seriousness of the alleged offense, and the minor's prior record of delinquency
than to other factors listed in this subsection.
(2) Procedures for extended
jurisdiction juvenile prosecutions.
The State's Attorney may file a written motion for a proceeding to be
designated as an extended juvenile jurisdiction prior to
commencement of trial. Notice of the motion shall be in
Section 5-530. When the State's Attorney files a written motion that a
proceeding be designated an extended jurisdiction juvenile prosecution, the
court shall commence a hearing within 30 days of the filing of the motion for
designation, unless good cause is shown by the prosecution or the minor as to
why the hearing could not be held within this time period. If the court finds
good cause has been demonstrated, then the hearing shall be held within 60 days
of the filing of the motion. The hearings shall be open to the public unless
the judge finds that the hearing should be closed for the protection of any
party, victim or witness. If the Juvenile Judge
assigned to hear and determine a motion to designate an extended jurisdiction
juvenile prosecution determines that there is probable cause to believe that
the allegations in the petition and motion are true the court shall grant the
motion for designation. Information used by the court in its findings or
stated in or offered in connection with this Section may be by way of proffer
based on reliable information offered by the State or the minor. All evidence
shall be admissible if it is relevant and reliable regardless of whether it
would be admissible under the rules of evidence.
(3) Trial. A minor who is subject of an extended jurisdiction juvenile
prosecution has the right to trial by jury. Any trial under this Section shall
be open to the public.
(4) Sentencing. If an extended jurisdiction juvenile prosecution under
results in a guilty plea, a verdict of guilty, or a finding of guilt,
the court shall impose the following:
(i) one or more juvenile sentences under Section
(ii) an adult criminal sentence in accordance with
the provisions of Section 5-4.5-105 of the Unified Code of Corrections, the execution of which shall be stayed on the condition that the offender not violate the provisions of the juvenile sentence.
Any sentencing hearing under
this Section shall be open to the public.
(5) If, after an extended jurisdiction juvenile prosecution trial, a minor
is convicted of a lesser-included offense or of an offense that the State's
Attorney did not designate as an extended jurisdiction juvenile prosecution,
the State's Attorney may file a written motion, within 10 days of the finding
of guilt, that
the minor be sentenced as an extended jurisdiction juvenile prosecution
offender. The court shall rule on this motion using the factors found in
paragraph (1)(b) of Section 5-805. If the court denies the State's Attorney's
sentencing under the extended jurisdiction juvenile prosecution provision, the
court shall proceed to sentence the minor under Section 5-710.
(6) When it appears that a minor convicted in an extended jurisdiction
juvenile prosecution under subsection (1) has violated the
conditions of his or her sentence, or is alleged to have committed a new
offense upon the filing of a petition to revoke the stay, the
court may, without notice, issue a warrant for the arrest of the minor.
After a hearing, if the court finds by a
preponderance of the evidence that the minor committed a new offense, the
court shall order execution of the previously
imposed adult criminal sentence.
After a hearing, if the court finds by a preponderance of the evidence
that the minor committed a violation of his or her sentence other than by a new
offense, the court may order execution of the previously imposed adult criminal
sentence or may continue him or her on the existing juvenile sentence with or
without modifying or enlarging the conditions.
Upon revocation of the stay of the adult criminal sentence
and imposition of
that sentence, the minor's extended jurisdiction juvenile status shall be
The on-going jurisdiction over the minor's case shall be assumed by the adult
criminal court and juvenile court jurisdiction shall be terminated and a report
the imposition of the adult sentence shall be sent to the Department of State
(7) Upon successful completion of the juvenile sentence the court shall
vacate the adult criminal sentence.
(8) Nothing in this Section precludes the State from filing a motion for
transfer under Section 5-805.
(Source: P.A. 99-258, eff. 1-1-16