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

B. Extended jurisdiction juvenile prosecutions (705 ILCS 405/5-810), continued:

If the case is designated to be an extended jurisdiction juvenile prosecution and the minor is found guilty, the minor will receive a juvenile sentence as allowed under Section 5-710 AND an adult sentence in accordance with Chapter 5 of the Unified Code of Corrections. It is to note that the adult sentence will be stayed on condition that the offender not violate the provisions of the juvenile sentence.

If the minor violates the conditions of his or her juvenile sentence or has committed a new offense, the court may, without notice, issue an arrest warrant for the minor and a hearing will be held. If the court finds, by preponderance of the evidence, that the minor committed a violation of his or her juvenile sentence, the court may order execution of the previously-imposed adult criminal sentence.

Example: A minor is found guilty in an extended jurisdiction juvenile prosecution and is given 5 years probation in the juvenile court system. The stayed adult sentence is ten years in the Department of Corrections. The minor satisfies his 5 years on probation and doesn’t have any violations or additional charges. Consequently, his adult sentence is dismissed. On the other hand, if the minor is found to have violated any term of his 5 year probation sentence from the juvenile court system, he would be placed in the Department of Corrections to serve the 10 year adult sentence that had been stayed.

Extended jurisdiction juvenile prosecution is a relatively new provision in Illinois and has not yet been tested in our state Supreme Court. Other states, however, have enacted similar laws that have held up in their respective court systems. It is expected that this provision will withstand future challenges in Illinois.