Article V, Part VI – Trial (705 ILCS 405/Article 5, Part 6)
This portion of the program will define terms such as “trial”, “finding”, and “absence of a minor.” Trial requirements, including when a minor may plea and the types of pleas available, will also be examined. Upon completion of this section, students will be able to identify and explain time constraints faced by the State when a demand for trial is filed with the court and how these constraints change when a minor is held in detention pending trial. Different findings the court may make will be reviewed, as will remedies the court has when minors fail to appear before the bench.
A. Trial (705 ILCS 405/5-601:
When a petition has been filed alleging that a minor is a delinquent, a trial must be held within 120 days of a written demand for such hearing made by any party. The court may, upon motion by the State, continue the trial for not more than 30 additional days.
If a minor respondent has multiple delinquency petitions pending against him or her in the same county and simultaneously demands a trial upon more than one delinquency petition against him or her, the minor respondent will be adjudicated within 160 days from that date on which a finding relative to the first petition prosecuted is rendered under Section 5-620.
When a petition has been filed alleging that the minor is a delinquent and he or she is in a detention or shelter care center, a trial shall be held within 30 calendar days from the date of the order directing detention.
When a petition alleges that a minor has committed an offense involving a controlled substance, the court may, upon a motion by the State, continue the trial for receipt of lab reports up to 45 days from the date of the order directing detention.
If a minor is before the court for an offense involving death, great bodily harm, sexual assault, or aggravated criminal sexual abuse upon a victim, the court may, upon motion of the State, continue the trial for no more than 70 calendar days from the date of the order directing detention.
It is important to note that any failures to comply with the time limits of this Section require the immediate release of the minor from detention. However, this would NOT dismiss the charges filed against the minor. If the trial does not commence within the prescribed time frame, the minor would be released from detention pending his or her trial/hearing.
If the court determines that the State, without success, has exercised due diligence to obtain the results of DNA testing that is material to the case, it may continue the cause on application of the State for not more than 120 additional days. The court may also extend the period of detention of the minor for not more than 120 additional days.
If a minor is held in detention pending a proceeding being designated an extended juvenile jurisdiction prosecution, detention may be extended an additional 30 days.
It is critically important for law enforcement and/or juvenile police officers to remember time constraints placed upon the State when minors are being held in detention pending a trial or hearing.
Officers waiting for laboratory reports must notify the lab of the detention of the minor and the demand for trial so that reports necessary for the proper prosecution of the delinquent minor are expedited.
