In re M.I.

Illinois Supreme Court
Civil Court
Citation
Case Number: 
2013 IL 113776
Decision Date: 
May 23, 2013
District: 
1st Dist.
Division/County: 
Cook Co.
Justice: 
GARMAN
Holding: 
Appellate court affirmed.
Respondent, a minor, was adjudicated delinquent after court found him guilty of aggravated discharge of a weapon and aggravated unlawful use of a weapon. Minor, then age 16, had fired multiple shots in direction of plainclothes officers responding to a large street fight. Court designated proceedings as extended jurisdiction juvenile (EJJ) prosecution. Statutory requirement to hold a hearing within 60 days of filing of EJJ motion is directory, not mandatory, and failure to hold hearing within 60 days does not render minor's adult sentence void. Minor has no standing to make constitutional challenge to vagueness of the term "conditions", as it is aportion of EJJ statute that does not pertain to him. EJJ statute is not unconstitutional as it does not violate minor's right to due process as set forth in U.S. Supreme Court case of Apprendi v. New Jersey. Apprendi does not apply to EJJ statute as it is dispositional, not adjudicatory, in nature. (KILBRIDE, FREEMAN, THOMAS, KARMEIER, BURKE, and THEIS, concurring.)