State filed petition for adjudication of wardship alleging that the 14-year-old minor committed 2 counts of armed violence and 1 count of aggravated battery. Court denied State's motion for court to have the case declared an extended jurisdiction juvenile (EJJ) prosecution. The EJJ statute has been amended so that both the discretionary transfer (to adult court) provision and the EJJ provision of the Juvenile Court Act require the court to consider identical factors. Once the court found that the State had met its burden regarding the juvenile's age and probable cause to believe that the juvenile committed the alleged offenses, the court's evaluation was required to diverge into separate considerations for the transfer and EJJ motions. The court was required to treat each motion separately and evaluate the statutory factors as to the appropriate burden attached to each motion. Court's denial of State's motion to designate proceedings as an EJJ prosecution was an abuse of discretion as the court failed to do so as to that motion. (WELCH and VAUGHAN, concurring.)
Illinois Appellate Court
Civil Court
Juveniles