Violent and habitual juvenile offender provisions (705 ILCS 405/Article 5, Part 8)

A. Transfer of jurisdiction (705 ILCS 405/5-805), continued:

2. Discretionary transfer (705 ILCS 405/5-805(3)):
Minors aged 13 and older are eligible for discretionary transfers. Again, the State’s Attorney must file a petition requesting a transfer hearing before a discretionary transfer may be granted by the court. Any felony offense may be used as a basis for petitioning the court for transfer.

The judge will consider the same factors that are listed in the presumptive transfer section in determining whether or not it is in the best interest of the public to keep the case in juvenile court.

The only essential difference between presumptive and discretionary transfers is the age of the minor. Remember, presumptive transfers are for minors aged 15 and above and discretionary transfers are for minors aged 13 and older.

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