§ 5-805 — Transfer of jurisdiction

(1) (Blank). (2) Presumptive transfer. (a) If the State's Attorney files a petition, at any time prior to commencement of the minor's trial, to permit prosecution under the criminal laws and the petition alleges a minor 15 years of age or older of an act that constitutes a forcible felony under the laws of this State, and if a motion by the State's Attorney to prosecute the minor under the criminal laws of Illinois for the alleged forcible felony alleges that (i) the minor has previously been adjudicated delinquent or found guilty for commission of an act that constitutes a forcible felony under the laws of this State or any other state and (ii) the act that constitutes the offense was committed in furtherance of criminal activity by an organized gang, and, if the juvenile judge assigned to hear and determine motions to transfer a case for prosecution in the criminal court 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 minor is not a fit and proper subject to be dealt with under the Juvenile Justice Reform Provisions of 1998 (Public Act 90-590), and that, except as provided in paragraph (b), the case should be transferred to the criminal court. (b) The judge shall enter an order permitting prosecution under the criminal laws of Illinois unless the judge makes a finding based on clear and convincing evidence that the minor would be amenable to the care, treatment, and training programs available through the facilities of the juvenile court based on an evaluation of the following: (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, (C) any mental health, physical or educational history of the minor or combination of these factors, and (D) any involvement of the minor in the child welfare system; (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, (F) whether there is evidence the minor was subjected to outside pressure, including peer pressure, familial pressure, or negative influences, and (G) the minor's degree of participation and specific role in the offense; (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; and (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 the other factors listed in this subsection. (3) Discretionary transfer. (a) If a petition alleges commission by a minor 13 years of age or over of an act that constitutes a crime under the laws of this State and, on motion of the State's Attorney to permit prosecution of the minor under the criminal laws, a Juvenile Judge assigned by the Chief Judge of the Circuit to hear and determine those motions, after hearing but before commencement of the trial, finds that there is probable cause to believe that the allegations in the motion are true and that it is not in the best interests of the public to proceed under this Act, the court may enter an order permitting prosecution under the criminal laws. (b) In making its determination on the motion to permit prosecution under the criminal laws, the court shall consider among other matters: (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, (C) any mental health, physical, or educational history of the minor or combination of these factors, and (D) any involvement of the minor in the child welfare system; (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, (F) whether there is evidence the minor was subjected to outside pressure, including peer pressure, familial pressure, or negative influences, and (G) the minor's degree of participation and specific role in the offense; (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; and (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, the minor's prior record of delinquency than to the other factors listed in this subsection. (4) The rules of evidence for this hearing shall be the same as under Section 5-705 of this Act. A minor must be represented in court by counsel before the hearing may be commenced. (5) If criminal proceedings are instituted, the petition for adjudication of wardship shall be dismissed insofar as the act or acts involved in the criminal proceedings. Taking of evidence in a trial on petition for adjudication of wardship is a bar to criminal proceedings based upon the conduct alleged in the petition. (6) When criminal prosecution is permitted under this Section and a finding of guilt is entered, the criminal court shall sentence the minor under Section 5-4.5-105 of the Unified Code of Corrections. (7) The changes made to this Section by this amendatory Act of the 99th General Assembly apply to a minor who has been taken into custody on or after the effective date of this amendatory Act of the 99th General Assembly.

Legislative History

(Source: P.A. 103-191, eff. 1-1-24 .)