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Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

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705 ILCS 405/Art. V Pt. 8

 
    (705 ILCS 405/Art. V Pt. 8 heading)
PART 8. VIOLENT AND HABITUAL JUVENILE
OFFENDER PROVISIONS

705 ILCS 405/5-801

    (705 ILCS 405/5-801)
    Sec. 5-801. Legislative declaration. The General Assembly finds that a substantial and disproportionate amount of serious crime is committed by a relatively small number of juvenile offenders. Part 8 of this Article addresses these juvenile offenders and, in all proceedings under Sections 5-805, 5-810, and 5-815, the community's right to be protected shall be the most important purpose of the proceedings.
(Source: P.A. 90-590, eff. 1-1-99.)

705 ILCS 405/5-805

    (705 ILCS 405/5-805)
    Sec. 5-805. Transfer of jurisdiction.
    (1) (Blank).
    (2) Presumptive transfer.
        (a) If the State's Attorney files a petition, at any
    
time prior to commencement of the minor's trial, to permit prosecution under the criminal laws and the petition alleges a minor 15 years of age or older of an act that constitutes a forcible felony under the laws of this State, and if a motion by the State's Attorney to prosecute the minor under the criminal laws of Illinois for the alleged forcible felony alleges that (i) the minor has previously been adjudicated delinquent or found guilty for commission of an act that constitutes a forcible felony under the laws of this State or any other state and (ii) the act that constitutes the offense was committed in furtherance of criminal activity by an organized gang, and, if the juvenile judge assigned to hear and determine motions to transfer a case for prosecution in the criminal court 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 minor is not a fit and proper subject to be dealt with under the Juvenile Justice Reform Provisions of 1998 (Public Act 90-590), and that, except as provided in paragraph (b), the case should be transferred to the criminal court.
        (b) The judge shall enter an order permitting
    
prosecution under the criminal laws of Illinois unless the judge makes a finding based on clear and convincing evidence that the minor would be amenable to the care, treatment, and training programs available through the facilities of the juvenile court based on an evaluation of the following:
            (i) the age of the minor;
            (ii) the history of the minor, including:
                (A) any previous delinquent or criminal
            
history of the minor,
                (B) any previous abuse or neglect history of
            
the minor, and
                (C) any mental health, physical or
            
educational history of the minor or combination of these factors;
            (iii) the circumstances of the offense,
        
including:
                (A) the seriousness of the offense,
                (B) whether the minor is charged through
            
accountability,
                (C) whether there is evidence the offense was
            
committed in an aggressive and premeditated manner,
                (D) whether there is evidence the offense
            
caused serious bodily harm,
                (E) whether there is evidence the minor
            
possessed a deadly weapon;
            (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 the other factors listed in this subsection.
    (3) Discretionary transfer.
        (a) If a petition alleges commission by a minor 13
    
years of age or over of an act that constitutes a crime under the laws of this State and, on motion of the State's Attorney to permit prosecution of the minor under the criminal laws, a Juvenile Judge assigned by the Chief Judge of the Circuit to hear and determine those motions, after hearing but before commencement of the trial, finds that there is probable cause to believe that the allegations in the motion are true and that it is not in the best interests of the public to proceed under this Act, the court may enter an order permitting prosecution under the criminal laws.
        (b) In making its determination on the motion to
    
permit prosecution under the criminal laws, the court shall consider among other matters:
            (i) the age of the minor;
            (ii) the history of the minor, including:
                (A) any previous delinquent or criminal
            
history of the minor,
                (B) any previous abuse or neglect history of
            
the minor, and
                (C) any mental health, physical, or
            
educational history of the minor or combination of these factors;
            (iii) the circumstances of the offense,
        
including:
                (A) the seriousness of the offense,
                (B) whether the minor is charged through
            
accountability,
                (C) whether there is evidence the offense was
            
committed in an aggressive and premeditated manner,
                (D) whether there is evidence the offense
            
caused serious bodily harm,
                (E) whether there is evidence the minor
            
possessed a deadly weapon;
            (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, the minor's prior record of delinquency than to the other factors listed in this subsection.
    (4) The rules of evidence for this hearing shall be the same as under Section 5-705 of this Act. A minor must be represented in court by counsel before the hearing may be commenced.
    (5) If criminal proceedings are instituted, the petition for adjudication of wardship shall be dismissed insofar as the act or acts involved in the criminal proceedings. Taking of evidence in a trial on petition for adjudication of wardship is a bar to criminal proceedings based upon the conduct alleged in the petition.
    (6) When criminal prosecution is permitted under this Section and a finding of guilt is entered, the criminal court shall sentence the minor under Section 5-4.5-105 of the Unified Code of Corrections.
    (7) The changes made to this Section by this amendatory Act of the 99th General Assembly apply to a minor who has been taken into custody on or after the effective date of this amendatory Act of the 99th General Assembly.
(Source: P.A. 99-258, eff. 1-1-16.)

705 ILCS 405/5-810

    (705 ILCS 405/5-810)
    Sec. 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 or older of any offense which would be a felony if committed by an adult, and, if the juvenile judge 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 following factors:
        (i) the age of the minor;
        (ii) the history of the minor, including:
            (A) any previous delinquent or criminal history
        
of the minor,
            (B) any previous abuse or neglect history of the
        
minor, and
            (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
        
accountability,
            (C) whether there is evidence the offense was
        
committed in an aggressive and premeditated manner,
            (D) whether there is evidence the offense caused
        
serious bodily harm,
            (E) whether there is evidence the minor possessed
        
a deadly weapon;
        (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 compliance with 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 subsection (1) 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
    
5-710; and
        (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 motion for 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 terminated. 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 of the imposition of the adult sentence shall be sent to the Department of State Police.
    (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.)

705 ILCS 405/5-815

    (705 ILCS 405/5-815)
    Sec. 5-815. Habitual Juvenile Offender.
    (a) Definition. Any minor having been twice adjudicated a delinquent minor for offenses which, had he been prosecuted as an adult, would have been felonies under the laws of this State, and who is thereafter adjudicated a delinquent minor for a third time shall be adjudged an Habitual Juvenile Offender where:
        1. the third adjudication is for an offense occurring
    
after adjudication on the second; and
        2. the second adjudication was for an offense
    
occurring after adjudication on the first; and
        3. the third offense occurred after January 1, 1980;
    
and
        4. the third offense was based upon the commission of
    
or attempted commission of the following offenses: first degree murder, second degree murder or involuntary manslaughter; criminal sexual assault or aggravated criminal sexual assault; aggravated or heinous battery involving permanent disability or disfigurement or great bodily harm to the victim; burglary of a home or other residence intended for use as a temporary or permanent dwelling place for human beings; home invasion; robbery or armed robbery; or aggravated arson.
    Nothing in this Section shall preclude the State's Attorney from seeking to prosecute a minor as an adult as an alternative to prosecution as an habitual juvenile offender.
    A continuance under supervision authorized by Section 5-615 of this Act shall not be permitted under this Section.
    (b) Notice to minor. The State shall serve upon the minor written notice of intention to prosecute under the provisions of this Section within 5 judicial days of the filing of any delinquency petition, adjudication upon which would mandate the minor's disposition as an Habitual Juvenile Offender.
    (c) Petition; service. A notice to seek adjudication as an Habitual Juvenile Offender shall be filed only by the State's Attorney.
    The petition upon which such Habitual Juvenile Offender notice is based shall contain the information and averments required for all other delinquency petitions filed under this Act and its service shall be according to the provisions of this Act.
    No prior adjudication shall be alleged in the petition.
    (d)  Trial. Trial on such petition shall be by jury unless the minor demands, in open court and with advice of counsel, a trial by the court without jury.
    Except as otherwise provided herein, the provisions of this Act concerning delinquency proceedings generally shall be applicable to Habitual Juvenile Offender proceedings.
    (e) Proof of prior adjudications. No evidence or other disclosure of prior adjudications shall be presented to the court or jury during any adjudicatory hearing provided for under this Section unless otherwise permitted by the issues properly raised in such hearing. In the event the minor who is the subject of these proceedings elects to testify on his own behalf, it shall be competent to introduce evidence, for purposes of impeachment, that he has previously been adjudicated a delinquent minor upon facts which, had he been tried as an adult, would have resulted in his conviction of a felony or of any offense that involved dishonesty or false statement. Introduction of such evidence shall be according to the rules and procedures applicable to the impeachment of an adult defendant by prior conviction.
    After an admission of the facts in the petition or adjudication of delinquency, the State's Attorney may file with the court a verified written statement signed by the State's Attorney concerning any prior adjudication of an offense set forth in subsection (a) of this Section which offense would have been a felony or of any offense that involved dishonesty or false statement had the minor been tried as an adult.
    The court shall then cause the minor to be brought before it; shall inform him of the allegations of the statement so filed, and of his right to a hearing before the court on the issue of such prior adjudication and of his right to counsel at such hearing; and unless the minor admits such adjudication, the court shall hear and determine such issue, and shall make a written finding thereon.
    A duly authenticated copy of the record of any such alleged prior adjudication shall be prima facie evidence of such prior adjudication or of any offense that involved dishonesty or false statement.
    Any claim that a previous adjudication offered by the State's Attorney is not a former adjudication of an offense which, had the minor been prosecuted as an adult, would have resulted in his conviction of a felony or of any offense that involved dishonesty or false statement, is waived unless duly raised at the hearing on such adjudication, or unless the State's Attorney's proof shows that such prior adjudication was not based upon proof of what would have been a felony.
    (f) Disposition. If the court finds that the prerequisites established in subsection (a) of this Section have been proven, it shall adjudicate the minor an Habitual Juvenile Offender and commit him to the Department of Juvenile Justice until his 21st birthday, without possibility of aftercare release, furlough, or non-emergency authorized absence. However, the minor shall be entitled to earn one day of good conduct credit for each day served as reductions against the period of his confinement. Such good conduct credits shall be earned or revoked according to the procedures applicable to the allowance and revocation of good conduct credit for adult prisoners serving determinate sentences for felonies.
    For purposes of determining good conduct credit, commitment as an Habitual Juvenile Offender shall be considered a determinate commitment, and the difference between the date of the commitment and the minor's 21st birthday shall be considered the determinate period of his confinement.
(Source: P.A. 98-558, eff. 1-1-14.)

705 ILCS 405/5-820

    (705 ILCS 405/5-820)
    Sec. 5-820. Violent Juvenile Offender.
    (a) Definition. A minor having been previously adjudicated a delinquent minor for an offense which, had he or she been prosecuted as an adult, would have been a Class 2 or greater felony involving the use or threat of physical force or violence against an individual or a Class 2 or greater felony for which an element of the offense is possession or use of a firearm, and who is thereafter adjudicated a delinquent minor for a second time for any of those offenses shall be adjudicated a Violent Juvenile Offender if:
        (1) The second adjudication is for an offense
    
occurring after adjudication on the first; and
        (2) The second offense occurred on or after January
    
1, 1995.
    (b) Notice to minor. The State shall serve upon the minor written notice of intention to prosecute under the provisions of this Section within 5 judicial days of the filing of a delinquency petition, adjudication upon which would mandate the minor's disposition as a Violent Juvenile Offender.
    (c) Petition; service. A notice to seek adjudication as a Violent Juvenile Offender shall be filed only by the State's Attorney.
    The petition upon which the Violent Juvenile Offender notice is based shall contain the information and averments required for all other delinquency petitions filed under this Act and its service shall be according to the provisions of this Act.
    No prior adjudication shall be alleged in the petition.
    (d) Trial. Trial on the petition shall be by jury unless the minor demands, in open court and with advice of counsel, a trial by the court without a jury.
    Except as otherwise provided in this Section, the provisions of this Act concerning delinquency proceedings generally shall be applicable to Violent Juvenile Offender proceedings.
    (e) Proof of prior adjudications. No evidence or other disclosure of prior adjudications shall be presented to the court or jury during an adjudicatory hearing provided for under this Section unless otherwise permitted by the issues properly raised in that hearing. In the event the minor who is the subject of these proceedings elects to testify on his or her own behalf, it shall be competent to introduce evidence, for purposes of impeachment, that he or she has previously been adjudicated a delinquent minor upon facts which, had the minor been tried as an adult, would have resulted in the minor's conviction of a felony or of any offense that involved dishonesty or false statement. Introduction of such evidence shall be according to the rules and procedures applicable to the impeachment of an adult defendant by prior conviction.
    After an admission of the facts in the petition or adjudication of delinquency, the State's Attorney may file with the court a verified written statement signed by the State's Attorney concerning any prior adjudication of an offense set forth in subsection (a) of this Section that would have been a felony or of any offense that involved dishonesty or false statement had the minor been tried as an adult.
    The court shall then cause the minor to be brought before it; shall inform the minor of the allegations of the statement so filed, of his or her right to a hearing before the court on the issue of the prior adjudication and of his or her right to counsel at the hearing; and unless the minor admits the adjudication, the court shall hear and determine the issue, and shall make a written finding of the issue.
    A duly authenticated copy of the record of any alleged prior adjudication shall be prima facie evidence of the prior adjudication or of any offense that involved dishonesty or false statement.
    Any claim that a previous adjudication offered by the State's Attorney is not a former adjudication of an offense which, had the minor been prosecuted as an adult, would have resulted in his or her conviction of a Class 2 or greater felony involving the use or threat of force or violence, or a firearm, a felony or of any offense that involved dishonesty or false statement is waived unless duly raised at the hearing on the adjudication, or unless the State's Attorney's proof shows that the prior adjudication was not based upon proof of what would have been a felony.
    (f) Disposition. If the court finds that the prerequisites established in subsection (a) of this Section have been proven, it shall adjudicate the minor a Violent Juvenile Offender and commit the minor to the Department of Juvenile Justice until his or her 21st birthday, without possibility of aftercare release, furlough, or non-emergency authorized absence. However, the minor shall be entitled to earn one day of good conduct credit for each day served as reductions against the period of his or her confinement. The good conduct credits shall be earned or revoked according to the procedures applicable to the allowance and revocation of good conduct credit for adult prisoners serving determinate sentences for felonies.
    For purposes of determining good conduct credit, commitment as a Violent Juvenile Offender shall be considered a determinate commitment, and the difference between the date of the commitment and the minor's 21st birthday shall be considered the determinate period of his or her confinement.
    (g) Nothing in this Section shall preclude the State's Attorney from seeking to prosecute a minor as a habitual juvenile offender or as an adult as an alternative to prosecution as a Violent Juvenile Offender.
    (h) A continuance under supervision authorized by Section 5-615 of this Act shall not be permitted under this Section.
(Source: P.A. 98-558, eff. 1-1-14.)

705 ILCS 405/5-821

    (705 ILCS 405/5-821)
    Sec. 5-821. (Repealed).
(Source: P.A. 94-574, eff. 8-12-05. Repealed by P.A. 99-258, eff. 1-1-16.)

705 ILCS 405/5-822

    (705 ILCS 405/5-822)
    Sec. 5-822. Data collection. On the effective date of this amendatory Act of the 99th General Assembly:
        (1) The Clerk of the Circuit Court of every county in
    
this State, shall track the filing, processing, and disposition of all cases:
            (a) initiated in criminal court under Section
        
5-130 of this Act;
            (b) in which a motion to transfer was filed by
        
the State under Section 5-805 of this Act;
            (c) in which a motion for extended jurisdiction
        
was filed by the State under Section 5-810 of this Act;
            (d) in which a designation is sought of a
        
Habitual Juvenile Offender under Section 5-815 of this Act; and
            (e) in which a designation is sought of a Violent
        
Juvenile Offender under Section 5-820 of this Act.
        (2) For each category of case listed in subsection
    
(1), the clerk shall collect the following:
            (a) age of the defendant and of the victim or
        
victims at the time of offense;
            (b) race and ethnicity of the defendant and the
        
victim or victims;
            (c) gender of the defendant and the victim or
        
victims;
            (d) the offense or offenses charged;
            (e) date filed and the date of final disposition;
            (f) the final disposition;
            (g) for those cases resulting in a finding or
        
plea of guilty:
                (i) charge or charges for which they are
            
convicted;
                (ii) sentence for each charge;
            (h) for cases under paragraph (c) of subsection
        
(1), the clerk shall report if the adult sentence is applied due to non-compliance with the juvenile sentence.
        (3) On January 15 and June 15 of each year beginning
    
6 months after the effective date of this amendatory Act of the 99th General Assembly, the Clerk of each county shall submit a report outlining all of the information from subsection (2) to the General Assembly and the county board of the clerk's respective county.
        (4) No later than 2 months after the effective date
    
of this amendatory Act of the 99th General Assembly, the standards, confidentiality protocols, format, and data depository for the semi-annual reports described in this Section shall be identified by the State Advisory Group on Juvenile Justice and Delinquency Prevention and distributed to the General Assembly, county boards, and county clerks' offices.
(Source: P.A. 99-258, eff. 1-1-16.)