Statutes > Illinois Statutes > CHAPTER 705 COURTS > 705 ILCS 405/ Juvenile Court Act of 1987. > Part 8 - Violent And Habitual Juvenile Offender Provisions

Part 8 - Violent And Habitual Juvenile Offender Provisions


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

    (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)
    Sec. 5‑805. Transfer of jurisdiction.
    (1) Mandatory transfers.
        (a) If a petition alleges commission by 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 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, the Juvenile Judge assigned to hear and determine those motions shall, upon determining that there is probable cause that both allegations are true, enter an order permitting prosecution under the criminal laws of Illinois.
        (b) If a petition alleges commission by a minor 15
     years of age or older of an act that constitutes a felony under the laws of this State, and if a motion by a State's Attorney to prosecute the minor under the criminal laws of Illinois for the alleged 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 activities by an organized gang, the Juvenile Judge assigned to hear and determine those motions shall, upon determining that there is probable cause that both allegations are true, enter an order permitting prosecution under the criminal laws of Illinois.
        (c) If a petition alleges commission by a minor 15
     years of age or older of: (i) an act that constitutes an offense enumerated in the presumptive transfer provisions of subsection (2); and (ii) the minor has previously been adjudicated delinquent or found guilty of a forcible felony, the Juvenile Judge designated to hear and determine those motions shall, upon determining that there is probable cause that both allegations are true, enter an order permitting prosecution under the criminal laws of Illinois.
        (d) If a petition alleges commission by a minor 15
     years of age or older of an act that constitutes the offense of aggravated discharge of a firearm committed in a school, on the real property comprising a school, within 1,000 feet of the real property comprising a school, at a school related activity, or on, boarding, or departing from any conveyance owned, leased, or contracted by a school or school district to transport students to or from school or a school related activity, regardless of the time of day or the time of year, the juvenile judge designated to hear and determine those motions shall, upon determining that there is probable cause that the allegations are true, enter an order permitting prosecution under the criminal laws of Illinois.
        For purposes of this paragraph (d) of subsection (1):
        "School" means a public or private elementary or
     secondary school, community college, college, or university.
        "School related activity" means any sporting,
     social, academic, or other activity for which students' attendance or participation is sponsored, organized, or funded in whole or in part by a school or school district.
    (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 the commission by a minor 15 years of age or older of: (i) a Class X felony other than armed violence; (ii) aggravated discharge of a firearm; (iii) armed violence with a firearm when the predicate offense is a Class 1 or Class 2 felony and the State's Attorney's motion to transfer the case alleges that the offense committed is in furtherance of the criminal activities of an organized gang; (iv) armed violence with a firearm when the predicate offense is a violation of the Illinois Controlled Substances Act, a violation of the Cannabis Control Act, or a violation of the Methamphetamine Control and Community Protection Act; (v) armed violence when the weapon involved was a machine gun or other weapon described in subsection (a)(7) of Section 24‑1 of the Criminal Code of 1961; (vi) an act in violation of Section 401 of the Illinois Controlled Substances Act which is a Class X felony, while in a school, regardless of the time of day or the time of year, or on any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, or on residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed‑income development; or (vii) an act in violation of Section 401 of the Illinois Controlled Substances Act and the offense is alleged to have occurred while in a school or on a public way within 1,000 feet of the real property comprising any school, regardless of the time of day or the time of year when the delivery or intended delivery of any amount of the controlled substance is to a person under 17 years of age, (to qualify for a presumptive transfer under paragraph (vi) or (vii) of this clause (2)(a), the violation cannot be based upon subsection (b) of Section 407 of the Illinois Controlled Substances Act) 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.
    For purposes of clauses (2)(a)(vi) and (vii):
    "School" means a public or private elementary or
     secondary school, community college, college, or university.
    "School related activity" means any sporting, social,
     academic, or other activity for which students' attendance or participation is sponsored, organized, or funded in whole or in part by a school or school district.
    (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 and 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.
(Source: P.A. 94‑556, eff. 9‑11‑05; 94‑574, eff. 8‑12‑05; 95‑331, eff. 8‑21‑07.)

    (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 Chapter V 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. 94‑574, eff. 8‑12‑05; 95‑331, eff. 8‑21‑07.)

    (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.