Article V, Part VI – Trial (705 ILCS 405/Article 5, Part 6)

B.Trials, pleas, guilty but mentally ill and not guilty by reason of insanity (705 ILCS 405/5-605):

Method of trial: All delinquency proceedings will be heard by the court except those proceedings under this Act where the right to a trial by jury is specifically set forth. At any time a minor may waive his or her right to a trial by jury.

A minor may enter pleas of guilty but mentally ill or not guilty by reason of insanity if he or she has been examined by a psychiatrist and has waived his or her right to trial, the judge has reviewed psychological reports, and a hearing is held in which the minor is proven to be mentally ill.

The trial will be conducted in the presence of the minor unless he or she waives the right to be present. At the trial, the court will consider the question of whether the minor is delinquent or not. The standard of proof and the rules of evidence in the nature of criminal proceedings in Illinois are all applicable to that consideration.