IllinoisJudges weigh youth and offense factors in extended juvenile cases
For minors age 13 or older accused of felonies, a judge must designate an extended juvenile case after finding probable cause unless adult sentencing would not be appropriate.
What it does
For a minor age 13 or older accused of a felony, the judge must send the case to extended juvenile proceedings after finding probable cause, unless clear and convincing evidence shows adult sentencing would not be appropriate.
The court must start the designation hearing within 30 days of the request, or within 60 days if good cause is shown. The minor may waive the deadlines, and the judge may close the hearing to protect someone.
After a guilty finding, the court imposes both a juvenile sentence and an adult sentence, but pauses the adult sentence while the minor follows the juvenile one. The court cancels the adult sentence after successful completion; certain violations or new offenses can lead to it being carried out.
Argument forWeighing a young person’s age, background, role, and treatment options could help judges account for individual needs when deciding whether adult sentencing fits.
Argument againstMaking extended juvenile proceedings the default after probable cause is found could make it harder for some minors to avoid an adult sentence.
More detail
After finding probable cause, the judge must designate the case for extended juvenile proceedings unless the judge finds adult sentencing would not be appropriate. This applies to a minor age 13 or older accused of an offense that would be a felony if committed by an adult. The judge must base any finding that adult sentencing is not appropriate on clear and convincing evidence. The judge considers the minor’s age and history, the offense circumstances, treatment and rehabilitation options, and public safety. The judge must state on the record that these factors were considered. The State’s Attorney may file the written request before trial begins.
The court must start a hearing on a request to designate an extended juvenile case within 30 days. These rules apply to hearings on requests to designate a proceeding as an extended juvenile prosecution. If good cause is shown, the hearing must be held within 60 days of the request. The minor may waive these deadlines. The hearing is open to the public unless the judge finds closure is needed to protect a party, victim, or witness. The 30-day period starts when the State’s Attorney files the request; a good-cause extension sets a 60-day limit.
After a guilty finding, the court imposes a juvenile sentence and an adult sentence, but pauses the adult sentence while the minor follows the juvenile sentence. This applies when an extended juvenile prosecution ends in a guilty plea, guilty verdict, or finding of guilt. A request to revoke the pause may follow a sentence violation or an alleged new forcible felony, aggravated fleeing offense, or felony involving a firearm. If the minor successfully completes the juvenile sentence, the court must cancel the adult sentence. After a hearing, the court may order the adult sentence carried out for a sentence violation or certain new offenses. For a new forcible felony or a Class 3 or higher felony involving a firearm, there is a rebuttable presumption that the adult sentence will be carried out. For other qualifying new offenses, the court may order it carried out after finding by clear and convincing evidence that the minor committed the offense. If the adult sentence is carried out, adult court takes over and juvenile court jurisdiction ends. The adult sentence is paused during the juvenile sentence and may be carried out after a hearing if the required findings are made.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Aug 7Public Act . . . . . . . . . 104-0784Latest
- Aug 7Effective Date January 1, 2027
- Aug 7Governor J. B. Pritzker ApprovedBecame Law
- Jun 26Sent to the GovernorTo Governor
- May 31Passed Both Houses
- Vote recorded Do Pass, Amendment 1. Result: pass.Lower
- Vote recorded Concurrence, Amendment 1. Result: pass.Lower
- May 31House Concurs
- May 31Senate Committee Amendment No. 1 House Concurs 075-039-000
- May 31Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Judiciary - Criminal Committee; 010-005-000
- May 30Senate Committee Amendment No. 1 Motion to Concur Rules Referred to Judiciary - Criminal Committee
- Vote recorded Third Reading. Result: pass.Upper
- May 30Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
- May 30Senate Committee Amendment No. 1 Motion Filed Concur Rep. Dave Vella
- May 30Placed on Calendar Order of Concurrence Senate Amendment(s) 1
- May 30Arrived in HouseMinor
- May 30Added as Alternate Co-Sponsor Sen. Lakesia Collins
- May 30Third Reading - Passed; 037-018-000Passed Senate
- May 26Added as Alternate Co-Sponsor Sen. Javier L. Cervantes
- May 22Rule 2-10 Third Reading Deadline Established As May 31, 2026
- May 20Placed on Calendar Order of 3rd Reading May 21, 2026
- May 20Second ReadingMinor
- May 19Placed on Calendar Order of 2nd Reading May 20, 2026Minor
- Vote recorded Do Pass. Result: pass.Upper
- Vote recorded Do Pass, Amendment 1. Result: pass.Upper
- May 19Do Pass as Amended Criminal Law; 006-003-000
- May 19Senate Committee Amendment No. 1 AdoptedMajor
- May 19Senate Committee Amendment No. 1 Assignments Refers to Criminal Law
- May 15Rule 2-10 Committee Deadline Established As May 22, 2026
- May 14Added as Alternate Co-Sponsor Sen. Robert F. Martwick
- May 13Senate Committee Amendment No. 1 Referred to Assignments
- May 13Senate Committee Amendment No. 1 Filed with Secretary by Sen. Laura FineMinor
- May 13Assigned to Criminal LawMinor
- May 13Rule 2-10 Committee Deadline Established As May 15, 2026
- May 6Added as Alternate Chief Co-Sponsor Sen. Robert Peters
- Apr 29Added as Alternate Co-Sponsor Sen. Adriane L. Johnson
- Apr 21Referred to Assignments
- Apr 21First ReadingMinor
- Apr 21Chief Senate Sponsor Sen. Laura Fine
- Apr 21Placed on Calendar Order of First ReadingMinor
- Apr 21Arrive in SenateMinor
- Apr 17Added Co-Sponsor Rep. Margaret A. DeLaRosa
- Vote recorded Third Reading. Result: pass.Lower
- Apr 17Third Reading - Short Debate - Passed 070-034-000Passed House
- Apr 17Placed on Calendar Order of 3rd Reading - Short Debate
- Apr 17House Floor Amendment No. 1 AdoptedMajor
- Apr 15House Floor Amendment No. 1 Recommends Be Adopted Judiciary - Criminal Committee; 010-005-000Minor
- Vote recorded Do Pass, Amendment 1. Result: pass.Lower
- Apr 14House Floor Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
- Apr 14House Floor Amendment No. 1 Referred to Rules Committee
- Apr 14House Floor Amendment No. 1 Filed with Clerk by Rep. Dave VellaMinor
- Apr 10Held on Calendar Order of Second Reading - Short DebateMinor
- Apr 10Second Reading - Short DebateMinor
- Mar 25Placed on Calendar 2nd Reading - Short DebateMinor
- Mar 24Do Pass / Short Debate Judiciary - Criminal Committee; 009-005-000
- Vote recorded Do Pass. Result: pass.Lower
- Feb 23Added Co-Sponsor Rep. Will Guzzardi
- Feb 17Assigned to Judiciary - Criminal CommitteeMinor
- Feb 10Referred to Rules Committee
- Feb 10First ReadingMinor
- Feb 4Filed with the Clerk by Rep. Dave VellaIntroduced
Criminal Justice