Publications

Articles on Juvenile Justice

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.

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.

Illinois Supreme Court allows interlocutory appeals of suppression orders in juvenile cases

By Adam W. Lasker
September
2013
LawPulse
Page 446
The supreme court rule change allowing interlocutory appeals remedies "a systemic problem for both prosecutors and defendants for decades," a commentator says.

Increased juvenile delinquency age. PA 098-0061

September
2013
Illinois Law Update
Page 452
The Juvenile Court Act of 1987 has been amended, changing the definition of a juvenile delinquent to minors before their 18th birthday, raising the age limit a full year. 705 ILCS 405/5-105.

Revised rules for reporting juvenile records to offenders’ schools. PA 097-1104

April
2013
Illinois Law Update
Page 176
The Illinois School Code and Juvenile Court Act of 1987 have been amended to alter the requirements for reporting students' court records to their schools.

Miranda: Youth a factor in determining whether interrogation is “custodial”

By Helen W. Gunnarsson
August
2011
LawPulse
Page 382
The U.S. Supreme Court holds that a subject's youth matters when determining whether a Miranda warning is required - a conclusion the Illinois Supreme Court came to years ago.

Juvenile Court Act gives court authority to determine independent basis of abuse or neglect

April
2011
Illinois Law Update
Page 180
On February 4, 2011, the Appellate Court of Illinois, First District, affirmed a decision of the Circuit Court of Cook County, holding that the Juvenile Court Act of 1987 (705 ILCS 405/1-1 et seq) confers upon the court authority to determine that "'an independent basis of abuse, neglect, or dependency' exists, without strictly adhering to the procedural requirements for neglect petitions in Article II of the Act." K.D. at *1, quoting 705 ILCS 405/5-710 (1)(a)(iv).

Lawyers Making A Difference for Juvenile Justice Reform, Part III

By Mark D. Hassakis
April
2011
Column
Page 172
More about Illinois lawyers committed to juvenile justice reform.

More Lawyers Making A Difference for Juvenile Justice

By Mark D. Hassakis
March
2011
Column
Page 116
We continue our look at Illinois lawyers helping to transform our juvenile justice system.

Transforming Juvenile Justice: Lawyers Making A Difference

By Mark D. Hassakis and Lisa Jacobs
February
2011
Column
Page 64
Transforming Juvenile Justice: Lawyers Making A Difference

No evidentiary limitations to statements of a minor in a temporary custody hearing

January
2011
Illinois Law Update
Page 16
On October 21, 2010, the Supreme Court of Illinois held that the evidentiary limitations of section 2-18(4)(c) of the Juvenile Court Act do not apply to the out-of-court statements of a minor in a temporary custody hearing, where such statements relate to allegations of abuse or neglect.

What if it Were Your Child?

By Mark D. Hassakis and Lisa Jacobs
January
2011
Column
Page 8
What would "the system" look like if we designed it for our children?

Juvenile Justice: The Power of Prevention

By Mark D. Hassakis
December
2010
Column
Page 608
Illinois spends much more on jailing juveniles than on prevention.

Humpty Dumpty Child

By Hon. Ron Spears
November
2010
Column
Page 588
Healing broken children is hard but essential work.

The Urgent Need for Juvenile Justice Reform

By Mark D. Hassakis
August
2010
Column
Page 392
Our costly juvenile justice system too often does more harm than good. Fortunately, there's a better way.

Electronic Home Detention Program now available for juvenile offenders. PA 096-0293

July
2010
Illinois Law Update
Page 348
Illinois lawmakers amended the Juvenile Court Act of 1987 to allow electronic home detention as an appropriate form of sentencing for wards of the court. 705 ILCS 405/5-7A-101.

Juvenile offender reports mandated. PA 096-0853

March
2010
Illinois Law Update
Page 128
The Children and Family Services Act has been amended to require the Illinois Juvenile Justice Commission to prepare a report concerning parole revocations of juvenile offenders, to be completed by September 30, 2010.

Recruiting minors into street gangs now a felony. PA 096-0199

January
2010
Illinois Law Update
Page 16
Recruiting minors into street gangs is now a Class 1 felony, under recent amendments to the Criminal Code of 1961. 

Illinois adopts new rules governing rehabilitation of juvenile sex offenders

December
2009
Illinois Law Update
Page 604
The Sex Offender Management Board adopted new sections regulating the treatment and rehabilitation of convicted juvenile sex offenders.  

Law for minor smoking offenders amended. PA 096-0179

November
2009
Illinois Law Update
Page 552
The Illinois General Assembly amended section 5-615 of the Juvenile Court Act of 1987 regarding supervision of minors who have been found in violation of the Prevention of Tobacco Use by Minors Act. 705 ILCS 405/5-615. 

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