705 ILCS 405/5-810
2021 Illinois Compiled Statutes|Chapter 705 - COURTS|705 ILCS 405/ - Juvenile Court Act of 1987.|Article V - Delinquent Minors

Sec. 5-810. Extended jurisdiction juvenile prosecutions.(1) (a) If the State's Attorney files a petition, at any time prior to  commencement of the  minor's trial, to designate the proceeding as an extended jurisdiction juvenile  prosecution and the petition alleges the commission by a minor 13 years of age  or  older of any offense which would be a felony if committed by an adult, and, if  the  juvenile judge  assigned to hear and determine petitions to designate the proceeding as an  extended jurisdiction juvenile prosecution determines that there is probable  cause to believe that the allegations in the petition and motion are true,  there is a rebuttable presumption that the proceeding shall be designated as an  extended jurisdiction juvenile proceeding.(b) The judge shall enter an order designating the proceeding as an  extended jurisdiction juvenile proceeding unless the judge makes a finding  based on clear and convincing evidence that sentencing under the Chapter V of  the Unified Code of Corrections would not be appropriate for the minor based on  an evaluation of the  following factors:(i) the age of the minor;(ii) the history of the minor, including:(A) any previous delinquent or criminal history         of the minor,(B) any previous abuse or neglect history of the         minor, and(C) any mental health, physical and/or         educational history of the minor;(iii) the circumstances of the offense, including:(A) the seriousness of the offense,(B) whether the minor is charged through         accountability,(C) whether there is evidence the offense was         committed in an aggressive and premeditated manner,(D) whether there is evidence the offense caused         serious bodily harm,(E) whether there is evidence the minor possessed         a deadly weapon;(iv) the advantages of treatment within the juvenile     justice system including whether there are facilities or programs, or both, particularly available in the juvenile system;(v) whether the security of the public requires     sentencing under Chapter V of the Unified Code of Corrections:(A) the minor's history of services, including         the minor's willingness to participate meaningfully in available services;(B) whether there is a reasonable likelihood that         the minor can be rehabilitated before the expiration of the juvenile court's jurisdiction;(C) the adequacy of the punishment or services.In considering these factors, the court shall give greater weight to the  seriousness of the alleged offense, and the minor's prior record of delinquency  than to other factors listed in this subsection.(2) Procedures for extended  jurisdiction juvenile prosecutions.   The State's Attorney may file a written motion for a proceeding to be  designated as an extended juvenile jurisdiction prior to  commencement of trial.  Notice of the motion shall be in  compliance with  Section 5-530.  When the State's Attorney files a written motion that a  proceeding be designated an extended jurisdiction juvenile prosecution, the  court shall commence a hearing within 30 days of the filing of the motion for  designation, unless good cause is shown by the prosecution or the minor as to  why the hearing could not be held within this time period.  If the court finds  good cause has been demonstrated, then the hearing shall be held within 60 days  of the filing of the motion.  The hearings shall be open to the public unless  the judge finds that the hearing should be closed for the protection of any  party, victim or witness.  If the Juvenile Judge  assigned to hear and determine a motion to designate an extended jurisdiction  juvenile prosecution determines that there is probable cause to believe that  the allegations in the petition and motion are true the court shall grant the  motion for designation.  Information used by the court in its findings or  stated in or offered in connection with this Section may be by way of proffer  based on reliable information offered by the State or the minor.  All evidence  shall be admissible if it is relevant and reliable regardless of whether it  would be admissible under the rules of evidence.(3) Trial.  A minor who is subject of an extended jurisdiction juvenile  prosecution has the right to trial by jury.  Any trial under this Section shall  be open to the public.(4) Sentencing.  If an extended jurisdiction juvenile prosecution under  subsection (1)  results in a guilty plea, a verdict of guilty, or a finding of guilt,  the court shall impose the following:(i) one or more juvenile sentences under Section     5-710; and(ii) an adult criminal sentence in accordance with     the provisions of Section 5-4.5-105 of the Unified Code of Corrections, the execution of which shall be stayed on the condition that the offender not violate the provisions of the juvenile sentence.  Any sentencing hearing under  this Section shall be open to the public.(5) If, after an extended jurisdiction juvenile prosecution trial, a minor  is convicted of a lesser-included offense or of an offense that the State's  Attorney did not designate as an extended jurisdiction juvenile prosecution,  the State's Attorney may file a written motion, within 10 days of the finding  of guilt, that  the minor be sentenced as an extended jurisdiction juvenile prosecution  offender.  The court shall rule on this motion using the factors found in  paragraph (1)(b) of Section 5-805.  If the court denies the State's Attorney's  motion for  sentencing under the extended jurisdiction juvenile prosecution provision, the  court shall proceed to sentence the minor under Section 5-710.(6) When it appears that a minor convicted in an extended jurisdiction  juvenile prosecution under subsection (1) has violated the  conditions of his or her sentence, or is alleged to have committed a new  offense upon the filing of a petition to revoke the stay, the  court may, without notice, issue a warrant for the arrest of the minor.  After a hearing, if the court finds by a  preponderance of the evidence that the minor committed a new offense, the  court  shall order execution of the previously  imposed adult criminal sentence.   After a hearing, if the court finds by a preponderance of the evidence  that the minor committed a violation of his or her sentence other than by a new  offense, the court may order execution of the previously imposed adult criminal  sentence or may continue him or her on the existing juvenile sentence with or  without modifying or enlarging the conditions.  Upon revocation of the stay of the adult criminal sentence  and imposition of  that sentence, the minor's extended jurisdiction juvenile status shall be  terminated.  The on-going jurisdiction over the minor's case shall be assumed by the  adult  criminal court and juvenile court jurisdiction shall be terminated and a report  of  the imposition of the adult sentence shall be sent to the Department of State  Police.(7) Upon successful completion of the juvenile sentence the court shall  vacate the adult criminal sentence.(8) Nothing in this Section precludes the State from filing a motion for  transfer under Section 5-805.  (Source: P.A. 99-258, eff. 1-1-16.)