Juvenile Court

When someone under the age of eighteen (18) years old is arrested in a criminal investigation they will be referred to Juvenile Court.

What is Juvenile Court?

  • Juvenile court is a criminal system for youth individuals who are alleged to have committed a crime outlined in the Illinois Compiled Statutes Criminal Code (ILCS).

  • The Juvenile Court Act (705 ILCS 405) creates a separate court space for individuals who are charged with a criminal offense under the age of eighteen (18).

  • Juvenile court has jurisdiction over individuals until they turn twenty one (21) years old.

  • Juvenile court focuses on restorative justice, aiming to hold young people accountable for criminal actions through a lens of rehabilitation back into society.

  • Juvenile court is different from Adult Court in many ways. While the system operates the same, Juvenile court often requires more court appearances, increased monitoring of involved minors, and heightened measures of privacy due to the age of those in the system.

  • Juvenile court privacy is an essential element of the system. Juvenile court does not allow public observation in proceedings. The only available observers in Juvenile court are guardians, family members, and mentors to appear in court with the minor.

Juvenile Court Act - 705 ILCS 405

  • This section of the Illinois Compiled Statutes Criminal Code (ILCS) governs all standards and procedures within the Juvenile Court system in Illinois.

  • This act specifically outlines information such as  jurisdiction, classifications, and charging capabilities for involved individuals.

  • Classifications define important terms such as minor respondent (the court involved youth) and adjudications of delinquency (guilty findings).

  • The prosecutor has special charging capabilities for minors including Habitual Juvenile Offender (HJO) (705 ILCS 405/5-815), Violent Juvenile Offender (VJO) (705 ILCS 405/5-820), and petitioning to charge a minor as an adult in adult court.

Habitual Juvenile Offender (HJO) - 705 ILCS 405/5-815

  • When a minor is adjudicated delinquent for felony offenses two times, and is then adjudicated a third time for a specific offense, the prosecutor can classify them as a Habitual Juvenile Offender (HJO).

  • The specific offense required for the third adjudication includes crimes both actual or attempted such as: murder, involuntary manslaughter, criminal sexual assault, aggravated battery resulting in great bodily harm or disfigurement, burglary, home invasion, robbery, or aggravated arson.

  • This statute outlines specific filing requirements by the prosecutor, including a five (5) day notice period, which they must file under this statute within five (5) days of being charged.

  • If a minor is found to be a Habitual Juvenile Offender, they will face incarceration in the Illinois Department of Juvenile Justice (IDJJ).

Violent Juvenile Offender (VJO) - 705 ILCS 405/5-820

  • When a minor is adjudicated delinquent for a class 2 felony offense which includes use of a firearm, and is then adjudicated a second time for a specific offense, the prosecutor can classify them as a Violent Juvenile Offender (VJO).

  • The second offense must also be a class 2 felony or greater including the use of a firearm.

  • This statute outlines specific filing requirements by the prosecutor, including a five (5) day notice period, which they must file under this statute within five (5) days of being charged.

  • If a minor is found to be a Habitual Juvenile Offender, they will face incarceration in the Illinois Department of Juvenile Justice (IDJJ).

What happens when a minor (someone under the age of eighteen (18)) is arrested?

  • Similar to when an adult is arrested, someone under the age of eighteen (18) will be transported to a law enforcement facility to be processed based upon the alleged offense.

  • When a minor is under investigation by law enforcement officers, they are afforded special protections unlike an adult. For example, someone under the age of eighteen (18) cannot be questioned without a guardian or attorney present.

  • The police will make a charging decision at the conclusion of the investigation, which provide the following outcomes:

    • Charged with offense requiring the minor to be held in custody until court the following morning.

    • Charged with offense to be heard in court in the future and released to a guardian.

    • Not charged with an offense but the law enforcement investigation continues, with the possibility of a charging decision to be made at a future date and released to a guardian.

    • Not charged with an offense and released to a guardian.

What happens after a minor (someone under the age of eighteen (18)) is charged with an offense?

  • If the charge requires an overnight custody hold, the case will be referred to the prosecutor’s office to review and file a petition to be heard in court that morning. 

  • If the charge did not require an overnight custody hold, the case is described as a “slow screen” meaning the prosecutor's office will review the case and file a petition to be heard at a future date.

    • Sometimes, instead of being heard in court, the prosecutor will make an alternative decision to refer the case to a diversion program or choose to not file the case all together.

      • Diversion programs are participation intensive reporting services which if completed, the case will not be filed in court.

Juvenile Temporary Detention Center (JTDC)

  • This is a detention center which exclusively houses individuals under the age of eighteen (18) years old. This detention center is unique compared to adult detention centers, as it has specific accommodations for minors including: a full school, programing services, and individual private holding areas.

  • A judge may hold a minor in the Juvenile Temporary Detention Center (JTDC) for a few weeks, unlike in adult court where alleged offenders can be held for the entirety of the court process, sometimes years long.

Illinois Department of Juvenile Justice (IDJJ)

  • This is a prison for minors who are adjudicated delinquent.

  • This facility has the ability to hold minors until their 21st birthday.

  • In some cases, this facility will then transfer a 21 year old to adult prison.

  • Notably, these facilities have the ability to hold minors for an indeterminative amount of time, meaning you can be held for the maximum timeline on any offense.

Juvenile Records

  • Adult criminal and juvenile criminal records have different standards for sealing and expungement.

    • Sealing: Juvenile Court records are private and sealed by the nature of the court system. These records do not require a motion to seal, as they are already sealed and inaccessible to the public.

    • Expungement: Juvenile records fall under two categories of expungement, automatic expungement or petition expungement.

      • Automatic Expungement

        • Immediately, cases that are dismissed, found not guilty, completed supervision satisfactorily, or were found guilty of an offense lesser than a class A misdemeanor.

        • In one year, arrest records for cases that were not filed.

        • in  two years, cases that were found guilty which are class A misdemeanors or qualifying felonies, without additional arrests or cases.

      • Petition Expungement

        • Petitions are court filings requesting a judge to use discretion to expunge a finding relating to the case in questions. These petitions often require a filing date of two years from the date of case disposition.

        • Some cases are disqualified from expungement even through petition, including murder and sex related offenses.