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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
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.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

COURTS
(705 ILCS 405/) Juvenile Court Act of 1987.

705 ILCS 405/7A-125

    (705 ILCS 405/7A-125)
    (This Section was renumbered as Section 5-7A-125 by P.A. 97-333.)
    Sec. 7A-125. (Renumbered).
(Source: P.A. 96-293, eff. 1-1-10. Renumbered by P.A. 97-333, eff. 8-12-11.)

705 ILCS 405/5-7A-125

    (705 ILCS 405/5-7A-125)
    Sec. 5-7A-125. Consent of the participant. Before entering an order for commitment for juvenile electronic monitoring, the supervising authority shall inform the participant and other persons residing in the home of the nature and extent of the approved electronic monitoring devices by doing the following:
        (A) Securing the written consent of the participant
    
in the program to comply with the rules and regulations of the program as stipulated in paragraphs (A) through (I) of Section 5-7A-115.
        (B) Where possible, securing the written consent of
    
other persons residing in the home of the participant, including the parent or legal guardian of the minor and of the person in whose name the telephone is registered, at the time of the order for commitment for electronic monitoring is entered and acknowledge the nature and extent of approved electronic monitoring devices.
        (C) Ensure that the approved electronic devices are
    
minimally intrusive upon the privacy of the participant and other persons residing in the home while remaining in compliance with paragraphs (B) through (D) of Section 5-7A-115.
(Source: P.A. 100-431, eff. 8-25-17.)

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,
                (C) any mental health, physical or
            
educational history of the minor or combination of these factors, and
                (D) any involvement of the minor in the
            
child welfare system;
            (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,
                (F) whether there is evidence the minor was
            
subjected to outside pressure, including peer pressure, familial pressure, or negative influences, and
                (G) the minor's degree of participation and
            
specific role in the offense;
            (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; and
                (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,
                (C) any mental health, physical, or
            
educational history of the minor or combination of these factors, and
                (D) any involvement of the minor in the child
            
welfare system;
            (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,
                (F) whether there is evidence the minor was
            
subjected to outside pressure, including peer pressure, familial pressure, or negative influences, and
                (G) the minor's degree of participation and
            
specific role in the offense;
            (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; and
                (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. 103-191, eff. 1-1-24.)