Subject Index Juvenile Justice

Judges may consider additional factors in determining criminal prosecution of a minor; mitigating factors for minors’ sentencings

April
2024
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Juvenile Court Act of 1987. The amendments added new evaluation criteria for judges to determine whether a minor 15 years or older shall be criminally prosecuted or is amenable to the care, treatment, and programs of juvenile court.

Definition of “delinquent minor” under the Juvenile Court Act of 1987 no longer applies to minors violating federal law

March
2024
Illinois Law Update
, Page 18
The Illinois General Assembly amended the Juvenile Court Act of 1987. For purposes of the Act, “delinquent minor” no longer refers to minors who violated or attempted to violate a federal law before their 18th birthday.

Definition of neglect to minors and child abandonment amended

September
2023
Illinois Law Update
, Page 16
The Illinois General Assembly amended the Juvenile Court Act of 1987. A neglected minor now includes any minor whose parent or person responsible for their welfare leaves them unsupervised for an unreasonable period without regard for the minor’s mental or physical health, safety, or welfare (previously restricted to minors under the age of 14).

A Balancing Act

By Katharine Pancewicz
June
2023
Article
, Page 34
Corporal punishment of minors in Illinois: What’s excessive and what happens when the interests of parents and children compete?

New detention guidelines for minors in the care of the Department of Children and Family Services facing juvenile detention

April
2023
Illinois Law Update
, Page 16
The Illinois General Assembly amended the Juvenile Court Act of 1987. The amendment ensures that juveniles in the care of the Department of Children and Family Services (DCFS) continue to receive services when facing the possibility of juvenile detention.

Juvenile Sentencing at the Crossroads

By E. Kate Cohn
March
2023
Article
, Page 34
Illinois’ interpretation of Miller v. Alabama, and the representation of youthful offenders.

Plain language of the Juvenile Court Act allows delinquency proceedings for out-of-state conduct

January
2023
Illinois Law Update
, Page 14
On Oct. 6, 2022, the Illinois Supreme Court held that under section 5-120 of the Juvenile Court Act of 1987, a juvenile may be adjudicated delinquent for unlawful conduct committed outside of Illinois.

Claim for ineffective assistance of counsel for failure to transfer to juvenile court for sentencing is not waived by guilty plea

November
2022
Illinois Law Update
, Page 18
On Aug. 9, the Second District of the Illinois Appellate Court held that a claim for ineffective assistance of counsel for failing to transfer a case to a juvenile court for a juvenile defendant is not waived by a guilty plea.

No plain error in failure to appoint guardian ad litem to juvenile during delinquency proceedings

July
2022
Illinois Law Update
, Page 14
On April 18, 2022, the Fourth District of the Illinois Appellate Court affirmed a juvenile’s conviction and sentence of conditional discharge following adjudication as a juvenile delinquent minor. M.G. was charged with unlawful cannabis possession with intent to deliver and unlawful consumption of alcohol.

A court may appoint special advocates for minors in hearings and proceedings

May
2022
Illinois Law Update
, Page 14
The Juvenile Court Act of 1987 is amended to allow courts to appoint special advocates for juveniles in certain circumstances.

Department of Children and Family Services may not interfere with the First Amendment rights of minors in its custody

January
2022
Illinois Law Update
, Page 16
The Juvenile Court Act of 1987 is amended by adding a new section titled “Access to news media.” All youths in the custody or guardianship of the Department of Children and Family Services are entitled to the freedom of speech guaranteed by the U.S. and Illinois constitutions.

Youth can have guardians appointed until age 21

November
2021
Illinois Law Update
, Page 16
This Act expands the age range for youth eligible to have an appointed guardian. Before the amendment, Illinois law only allowed children and youth under 18 to be appointed a guardian.

Illinois Supreme Court holds good-conduct credit is relevant to determination of a de facto life sentence for juveniles

October
2021
Illinois Law Update
, Page 14
The defendant, age 14 at time of shooting, was convicted after jury trial of one count of first-degree murder and two counts of attempted first-degree murder and sentenced to a 76-year aggregate term.

Juvenile Life Sentences After Miller

By Joseph T. Moran
March
2021
Article
, Page 38
Illinois courts must consider youth and attendant circumstances before issuing life sentences to juvenile offenders.

Supreme Court’s 40-year-cap rule for juveniles applied retroactively

January
2021
Illinois Law Update
, Page 14
On Sept. 24, 2020, the First District of the Illinois Appellate Court held that a juvenile defendant sentenced to more than 40 years is entitled to a new sentencing hearing under the 40-year-cap rule for juveniles in Buffer.

Transfers, EJJs, and Defense Attorneys, Oh My!

By Kathy Roller
October
2019
Article
, Page 32
Creative and effective strategies for defeating transfer and extended jurisdiction juvenile petitions.

What Did You Say?! The Changing Landscape of Juvenile Custodial Interrogations

By Emily L. Fitch & Brenda M. (Duke) Mathis
June
2019
Article
, Page 32
Recent changes to the Illinois Juvenile Court Act-specifically those dealing with juvenile custodial interrogations-and caselaw surrounding juvenile interrogations.

Juvenile Court Act of 1987 amended to strengthen protection of juvenile records

March
2019
Illinois Law Update
, Page 20
The Juvenile Court Act of 1987 is amended by changing sections 1-3, 1-7, 1-8, 1-9, and 5-915 and by adding sections 5-920, 5-923, and 5-925.

Juvenile automatically transferred to adult court should not be automatically sentenced as an adult unless convicted of crime subjecting juvenile to automatic transfer

May
2017
Illinois Law Update
, Page 16
The Illinois Supreme Court reversed a circuit court's sentence of a juvenile as an adult who had been tried, but not convicted, for offenses listed in the "automatic transfer" procedure of the Juvenile Court Act of 1987.

Does the rule against shackling juveniles cost counties money?

By Matthew Hector
April
2017
LawPulse
, Page 22
The Winnebago County chief judge says he needs more staff to comply with the new Supreme Court Rule limiting when minors may be restrained during court.

Juvenile adjudications held equivalent to convictions for extended-term sentencing

April
2017
Illinois Law Update
, Page 22
The Illinois Supreme Court held that a prior juvenile adjudication is the equivalent of a prior conviction for purposes of extended-term sentencing.

Sentencing review process proposed for youthful offenders

February
2017
Illinois Law Update
, Page 20
A proposed amendment to the Uniform Code of Corrections would allow certain youth offenders to petition for sentencing review.

Juvenile court decisions no longer affect the service appeals process

December
2016
Illinois Law Update
, Page 16
The Department of Children and Family Services ("DCFS") adopted amendments to the Service Appeal Process that clarify effects of certain juvenile court decisions upon the DCFS.

Clearer Miranda warnings, lower minimum probation for juveniles

By Matthew Hector
July
2016
LawPulse
, Page 12
One bill would require child-friendly Miranda warnings, while another reduces the length of mandatory minimum probation.

90-day treatment program violates the Juvenile Act’s 30-day detention limit

April
2015
Illinois Law Update
, Page 16
On February 9, 2015, the Fourth District Appellate Court held that a 90-day treatment program that subjects participants to physical control, a regimented structure, and surveillance amounts to detention for purposes of the Juvenile Court Act of 1987, 705 ILCS 405/1-1 et seq. ("Juvenile Act").

Juvenile Court Act consent provision survives constitutional challenges

October
2014
Illinois Law Update
, Page 472
On August 4, 2014, the Illinois Supreme Court held that section 5-615 of the Juvenile Court Act of 1987, 705 ILCS 405/5-615 ("the consent provision"), is constitutional.

Restrictions on placing minor criminal offenders with the Department of Children and Family Services

October
2014
Illinois Law Update
, Page 472
As of January 1, 2017, courts may not place an adjudicated delinquent or a minor charged with a criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 with the Department of Children and Family Services unless the minor...

Criteria established for expunging a minor’s law enforcement records

August
2014
Illinois Law Update
, Page 372
While most juvenile law enforcement records are property of the State, must not be destroyed, and usually must be accessible to the public, these rules do not apply to records expunged under subsections 1.5 and 1.6 of the Juvenile Court Act of 1987.

Juvenile Justice, Part I: Automatic expungement of juvenile records

By Janan Hanna
June
2014
LawPulse
, Page 266
Proposed legislation would require the state police to expunge arrest records when juveniles turn 18 if they were never charged and have no recent arrests.
1 comment (Most recent June 3, 2014)

Juvenile Justice, Part II: An end to automatic transfers to adult court?

By Janan Hanna
June
2014
LawPulse
, Page 266
A legislative proposal would stop the automatic transfer of juveniles to adult court, requiring that judges determine whether the transfer is appropriate.

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