705 ILCS 405/5-815
2021 Illinois Compiled Statutes|Chapter 705 - COURTS|705 ILCS 405/ - Juvenile Court Act of 1987.|Article V - Delinquent Minors

Sec. 5-815. Habitual Juvenile Offender.(a) Definition.  Any minor  having been twice adjudicated a delinquent minor for offenses which, had he or she  been prosecuted as an adult, would have been felonies under the laws of  this State, and who is thereafter adjudicated a delinquent minor for a  third time shall be adjudged an Habitual Juvenile Offender where:1. the third adjudication is for an offense occurring     after adjudication on the second; and2. the second adjudication was for an offense     occurring after adjudication on the first; and3. the third offense occurred after January 1, 1980;     and4. the third offense was based upon the commission of     or attempted commission of the following offenses:  first degree murder, second degree murder or involuntary manslaughter; criminal sexual assault or aggravated criminal sexual assault; aggravated or heinous battery involving permanent disability or disfigurement or great bodily harm to the victim; burglary of a home or other residence intended for use as a temporary or permanent dwelling place for human beings; home invasion; robbery or armed robbery; or aggravated arson.Nothing in this Section shall preclude the State's Attorney from  seeking to prosecute a minor as an adult as an alternative to  prosecution as an habitual juvenile offender.A continuance under supervision authorized by Section 5-615 of  this Act  shall not be permitted under this Section.(b) Notice to minor.  The State shall serve upon the minor written  notice of intention to prosecute under the provisions of this Section within  5 judicial days of the filing of any delinquency petition, adjudication  upon which would mandate the minor's disposition as an Habitual Juvenile  Offender.(c) Petition; service.  A notice to seek adjudication as an  Habitual Juvenile Offender shall be filed only by the State's Attorney.The petition upon which such Habitual Juvenile Offender notice is  based shall contain the information and averments required for all  other delinquency petitions filed under this Act and its service shall  be according to the provisions of this Act.No prior adjudication shall be alleged in the petition.(d) Trial. Trial on such petition shall be by jury unless the minor  demands, in open court and with advice of counsel, a trial by the court  without jury.Except as otherwise provided herein, the provisions of this  Act concerning delinquency proceedings generally shall be applicable to  Habitual Juvenile Offender proceedings.(e) Proof of prior adjudications.  No evidence or other disclosure of prior  adjudications shall be presented  to the court or jury during any adjudicatory hearing provided for under this  Section unless otherwise permitted by the issues properly raised in such  hearing.  In the event the minor who is the subject of these  proceedings elects to testify on his or her own behalf, it shall be competent to  introduce evidence, for purposes of impeachment, that he or she has previously  been adjudicated a delinquent minor upon facts which, had he been tried as an  adult, would have resulted in his conviction of a felony or of any offense  that involved dishonesty or false statement.  Introduction of  such evidence shall be according to the rules and procedures applicable to  the impeachment of an adult defendant by prior conviction.After an admission of the facts in the petition or adjudication of  delinquency, the State's Attorney may file with the court a verified  written statement signed by the State's Attorney concerning any prior  adjudication of an offense set forth in subsection (a) of this Section  which offense would have been a felony or of any offense that involved  dishonesty or false statement had the  minor been tried as an adult.The court shall then cause the minor to be brought before it; shall  inform him or her of the allegations of the statement so filed, and of his  or her right to a hearing before the court on the issue of such prior  adjudication and of his right to counsel at such hearing; and unless the  minor admits such adjudication, the court shall hear and determine such  issue, and shall make a written finding thereon.A duly authenticated copy of the record of any such alleged prior  adjudication shall be prima facie evidence of such prior adjudication or of  any offense that involved dishonesty or false statement.Any claim that a previous adjudication offered by the State's  Attorney is not a former adjudication of an offense which, had the minor  been prosecuted as an adult, would have resulted in his conviction of  a  felony or of any offense that involved dishonesty or false statement, is  waived unless duly raised at the hearing on such  adjudication, or unless the State's Attorney's proof shows that such  prior adjudication was not based upon proof of what would have been a  felony.(f) Disposition. If the court finds that the prerequisites established in  subsection (a)  of this Section have been proven, it shall adjudicate the minor a Habitual  Juvenile Offender and commit him or her to the Department of Juvenile Justice for a period of time as provided in subsection (3) of Section 5-750, subject to the target release date provisions as provided in subsection (c) of Section 3-2.5-85 of the Unified Code of Corrections.    (Source: P.A. 102-350, eff. 8-13-21.)