Violent and habitual juvenile offender provisions (705 ILCS 405/Article 5, Part 8)
B. Extended jurisdiction juvenile prosecutions (705 ILCS 405/5-810):
This provision provides juvenile offenders “one last chance” to remain within the juvenile court system. A proceeding will be designated an extended jurisdiction juvenile prosecution if:
- The State’s Attorney files a petition, at any time prior to the minor’s trial beginning, requesting it; and,
- The petition alleges the minor who is 13 years of age or older has committed any offense which would be a felony if committed by an adult; and,
- The judge has determined that there is probable cause to believe that the allegations in the petition and the motion are true.
- The seriousness of the offense
- The age of the minor
- The history of the minor, including services received
- The minor’s understanding, or lack thereof, that he or she committed a criminal offense
- Whether the offense was committed in a premeditated, aggressive manner or not
- Whether a deadly weapon was used or not
- The minor’s likelihood of being rehabilitated
- The adequacy of punishment and services
The judge will enter an order designating the proceeding an extended jurisdiction juvenile prosecution unless he or she makes a finding based on clear and convincing evidence that sentencing under Chapter V of the Unified Code of Corrections (an adult sentence) would not be appropriate for the minor. This decision would be based upon an evaluation of the following factors:
