JUV CT-EXTENDED JUR JUV PROS

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SB3210 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3210

Introduced 2/2/2026, by Sen. Laura Fine

SYNOPSIS AS INTRODUCED:

705 ILCS 405/5-810

Amends the Juvenile Court Act of 1987. Provides that the State's
Attorney may file a written petition, at any time prior to commencement of
the minor's trial, to designate the proceeding as an extended jurisdiction
juvenile prosecution when the petition alleges the commission by a minor
15 (rather than 13) years of age or older of any offense that would be a
felony if committed by an adult. Provides that, upon filing of a petition,
the judge shall conduct a hearing at which he or she shall first determine
whether there is probable cause to believe that the allegations in the
petition and motion are true. Provides that, if probable cause is found,
the judge may enter an order designating the proceeding as an extended
jurisdiction juvenile proceeding if the judge makes a finding based on
clear and convincing evidence that sentencing under the Unified Code of
Corrections may be appropriate for the minor based on an evaluation of
certain factors. Provides that the judge shall consider: (1) the minor's
age, impetuosity, and level of maturity at the time of the offense,
including the ability to consider risks and consequences of behavior, and
any presence of cognitive or developmental disability, or both, including
if a comprehensive mental health evaluation of the minor was conducted by a
qualified mental health professional, the outcome of the evaluation; and
(2) the history of the minor, including the minor's family, home
environment, educational and social background, including any history of
parental neglect, domestic or sexual violence, sexual exploitation,
physical abuse, or other childhood trauma, including adverse childhood
experiences. Makes other changes.
LRB104 19678 RLC 33127 b

A BILL FOR

SB3210
LRB104 19678 RLC 33127 b
1

AN ACT concerning courts.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Juvenile Court Act of 1987 is amended by
5
changing Section 5-810 as follows:

6

(705 ILCS 405/5-810)
7

Sec. 5-810.
Extended jurisdiction juvenile prosecutions.
8

(1)(a)
The

If the
State's Attorney
may file

files
a
9
written
petition, at any time prior to commencement of the
10
minor's trial, to designate the proceeding as an extended
11
jurisdiction juvenile prosecution
when

and
the petition
12
alleges the commission by a minor
15

13
years of age or older
13
of any offense which would be a felony if committed by an
14
adult
, and, if the juvenile judge assigned to hear and
15
determine petitions to designate the proceeding as an extended
16
jurisdiction juvenile prosecution determines that there is
17
probable cause to believe that the allegations in the petition
18
and motion are true, there is a rebuttable presumption that
19
the proceeding shall be designated as an extended jurisdiction
20
juvenile proceeding
.
21

(b)
Upon filing of a petition, the

The
judge shall
conduct
22
a hearing at which he or she shall first determine whether
23
there is probable cause to believe that the allegations in the

SB3210
- 2 -
LRB104 19678 RLC 33127 b
1
petition and motion are true. If probable cause is found, the
2
judge may
enter an order designating the proceeding as an
3
extended jurisdiction juvenile proceeding
if

unless
the judge
4
makes a finding based on clear and convincing evidence that
5
sentencing under Chapter V of the Unified Code of Corrections
6
may

would not
be appropriate for the minor based on an
7
evaluation of the following factors:
8

(i) the
minor's age, impetuosity, and level of
9

maturity at the time of the offense, including the ability
10

to consider risks and consequences of behavior, and any
11

presence of cognitive or developmental disability, or
12

both, including if a comprehensive mental health
13

evaluation of the minor was conducted by a qualified
14

mental health professional, the outcome of the evaluation

15

age of the minor
;
16

(ii) the history of the minor, including:
17

(A) any previous delinquent or criminal history of
18

the minor
;

,

19

(B)
the minor's family, home environment,
20

educational and social background, including any
21

history of parental neglect, domestic or sexual
22

violence, sexual exploitation, physical abuse, or
23

other childhood trauma including adverse childhood
24

experiences;

any previous abuse or neglect history of
25

the minor,

26

(C) any mental health, physical and/or educational

SB3210
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LRB104 19678 RLC 33127 b
1

history of the minor, and
2

(D) any involvement of the minor in the child
3

welfare system;
4

(iii) the circumstances of the offense, including:
5

(A) the seriousness of the offense
;

,

6

(B)
(blank);

whether the minor is charged through
7

accountability,

8

(C)
(blank);

whether there is evidence the offense
9

was committed in an aggressive and premeditated
10

manner,

11

(D)
(blank);

whether there is evidence the offense
12

caused serious bodily harm,

13

(E)
(blank);

whether there is evidence the minor
14

possessed a deadly weapon,

15

(F) whether there is evidence the minor was
16

subjected to outside pressure, including peer
17

pressure, familial pressure, or negative influences
;

,

18

and
19

(G) the minor's degree of participation and
20

specific role in the offense
, including the level of
21

planning by the minor before the offense and whether
22

the minor is charged through accountability
;
23

(iv) the advantages of treatment within the juvenile
24

justice system including whether there are facilities or
25

programs, or both, particularly available in the juvenile
26

system
, and the minor's potential for rehabilitation or

SB3210
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LRB104 19678 RLC 33127 b
1

evidence of rehabilitation, or both.

;

2

(v) whether the security of the public requires
3

sentencing under Chapter V of the Unified Code of
4

Corrections:
5

(A) the minor's history of services, including the
6

minor's willingness to participate meaningfully in
7

available services;
8

(B) whether there is a reasonable likelihood that
9

the minor can be rehabilitated before the expiration
10

of the juvenile court's jurisdiction;
11

(C) the adequacy of the punishment or services.
12

The trial court shall specify on the record its
13
consideration of these factors

In considering these factors,
14
the court shall give greater weight to the seriousness of the
15
alleged offense, and the minor's prior record of delinquency
16
than to other factors listed in this subsection
.
17

(2) Procedures for extended jurisdiction juvenile
18
prosecutions. The State's Attorney may file a written motion
19
for a proceeding to be designated as an extended juvenile
20
jurisdiction prior to commencement of trial. Notice of the
21
motion shall be in compliance with Section 5-530. When the
22
State's Attorney files a written motion that a proceeding be
23
designated an extended jurisdiction juvenile prosecution, the
24
court shall commence a hearing within 30 days of the filing of
25
the motion for designation, unless good cause is shown by the
26
prosecution or the minor as to why the hearing could not be

SB3210
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LRB104 19678 RLC 33127 b
1
held within this time period. If the court finds good cause has
2
been demonstrated, then the hearing shall be held within 60
3
days of the filing of the motion.
The minor may waive these
4
timelines

The hearings shall be open to the public unless the
5
judge finds that the hearing should be closed for the
6
protection of any party, victim or witness. If the Juvenile
7
Judge assigned to hear and determine a motion to designate an
8
extended jurisdiction juvenile prosecution determines that
9
there is probable cause to believe that the allegations in the
10
petition and motion are true the court shall grant the motion
11
for designation
. Information used by the court in its findings
12
or stated in or offered in connection with this Section may be
13
by way of proffer based on reliable information offered by the
14
State or the minor. All evidence shall be admissible if it is
15
relevant and reliable regardless of whether it would be
16
admissible under the rules of evidence.
17

(3) Trial. A minor who is
the
subject of an extended
18
jurisdiction juvenile prosecution has the right to trial by
19
jury. Any trial under this Section shall be open to the public.
20

(4) Sentencing. If an extended jurisdiction juvenile
21
prosecution under subsection (1) results in a guilty plea, a
22
verdict of guilty, or a finding of guilt, the court
may

shall

23
impose the following:
24

(i) one or more juvenile sentences under Section
25

5-710;
or

and
26

(ii)
one or more juvenile sentences under Section

SB3210
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LRB104 19678 RLC 33127 b
1

5-710 and
an adult criminal sentence in accordance with
2

the provisions of Section 5-4.5-105 of the Unified Code of
3

Corrections, the execution of which shall be stayed on the
4

condition that the offender not violate the provisions of
5

the juvenile sentence.
6
Any sentencing hearing under this Section shall be open to the
7
public.
8

(5) If, after an extended jurisdiction juvenile
9
prosecution trial, a minor is convicted of a lesser-included
10
offense or of an offense that the State's Attorney did not
11
designate as an extended jurisdiction juvenile prosecution,
12
the State's Attorney may file a written motion, within 10 days
13
of the finding of guilt, that the minor be sentenced
subject to

14
as an
extended jurisdiction juvenile prosecution
offender
. The
15
court shall rule on this motion using the factors found in
16
paragraph (b) of subsection (1) and the procedures in
17
subsection (2)

paragraph (1)(b) of Section 5-805
. If the court
18
denies the State's Attorney's motion for sentencing under the
19
extended jurisdiction juvenile prosecution provision, the
20
court shall proceed to sentence the minor under Section 5-710.
21

(6) When it appears that a minor
adjudicated delinquent

22
convicted
in an extended jurisdiction juvenile prosecution
23
under subsection (1) has violated the conditions of the
24
minor's sentence, or
is alleged to have committed a new
25
offense
that would be a forcible felony if committed by an
26
adult, and an adult sentence was imposed under paragraph (ii)

SB3210
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LRB104 19678 RLC 33127 b
1
of subsection (4), the State's Attorney may file a petition to
2
revoke the stay. The State's Attorney must notify the minor,
3
minor's counsel, and the minor's parents or guardians of the

4
upon the filing of a
petition to revoke the stay,
after which

5
the court may
, without notice,
issue a warrant for the arrest
6
of the minor. After a hearing, if the court finds
beyond a
7
reasonable doubt

by a preponderance of the evidence
that the
8
minor committed a new offense
that would be a forcible felony
9
if committed by an adult
, the court
may

shall
order execution
10
of the previously imposed adult criminal sentence
. After a
11
hearing, if the court finds by a preponderance of the evidence
12
that the minor committed a violation of the minor's sentence
13
other than by a new offense, the court may order execution of
14
the previously imposed adult criminal sentence
or may continue
15
the minor on the existing juvenile sentence with or without
16
modifying or enlarging the conditions. Upon revocation of the
17
stay of the adult criminal sentence and imposition of that
18
sentence, the minor's extended jurisdiction juvenile status
19
shall be terminated. The on-going jurisdiction over the
20
minor's case shall be assumed by the adult criminal court and
21
juvenile court jurisdiction shall be terminated and a report
22
of the imposition of the adult sentence shall be sent to the
23
Illinois State Police.
24

(7) Upon successful completion of the juvenile sentence
25
the court shall vacate the adult criminal sentence.
26

(8) Nothing in this Section precludes the State from

SB3210
- 8 -
LRB104 19678 RLC 33127 b
1
filing a motion for transfer under Section 5-805.
2
(Source: P.A. 103-22, eff. 8-8-23; 103-191, eff. 1-1-24;
3
103-605, eff. 7-1-24.)

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