SB 3210

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Full Text of SB3210
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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,
3represented in the General Assembly:
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing 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
9written petition, at any time prior to commencement of the
10minor's trial, to designate the proceeding as an extended
11jurisdiction juvenile prosecution when [and] the petition
12alleges the commission by a minor 15 [13] years of age or older
13of any offense which would be a felony if committed by an
14adult[, 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 
22a hearing at which he or she shall first determine whether 
23there is probable cause to believe that the allegations in the 
		SB3210	- 2 -	LRB104 19678 RLC 33127 b
1petition and motion are true. If probable cause is found, the 
2judge may enter an order designating the proceeding as an
3extended jurisdiction juvenile proceeding if [unless] the judge
4makes a finding based on clear and convincing evidence that
5sentencing under Chapter V of the Unified Code of Corrections
6may [would not] be appropriate for the minor based on an
7evaluation 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	- 3 -	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	- 4 -	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 
13consideration 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
18prosecutions. The State's Attorney may file a written motion
19for a proceeding to be designated as an extended juvenile
20jurisdiction prior to commencement of trial. Notice of the
21motion shall be in compliance with Section 5-530. When the
22State's Attorney files a written motion that a proceeding be
23designated an extended jurisdiction juvenile prosecution, the
24court shall commence a hearing within 30 days of the filing of
25the motion for designation, unless good cause is shown by the
26prosecution or the minor as to why the hearing could not be
		SB3210	- 5 -	LRB104 19678 RLC 33127 b
1held within this time period. If the court finds good cause has
2been demonstrated, then the hearing shall be held within 60
3days of the filing of the motion. The minor may waive these 
4timelines [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
12or stated in or offered in connection with this Section may be
13by way of proffer based on reliable information offered by the
14State or the minor. All evidence shall be admissible if it is
15relevant and reliable regardless of whether it would be
16admissible under the rules of evidence.
17    (3) Trial. A minor who is the subject of an extended
18jurisdiction juvenile prosecution has the right to trial by
19jury. Any trial under this Section shall be open to the public.
20    (4) Sentencing. If an extended jurisdiction juvenile
21prosecution under subsection (1) results in a guilty plea, a
22verdict of guilty, or a finding of guilt, the court may [shall]
23impose 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	- 6 -	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.
6Any sentencing hearing under this Section shall be open to the
7public.
8    (5) If, after an extended jurisdiction juvenile
9prosecution trial, a minor is convicted of a lesser-included
10offense or of an offense that the State's Attorney did not
11designate as an extended jurisdiction juvenile prosecution,
12the State's Attorney may file a written motion, within 10 days
13of the finding of guilt, that the minor be sentenced subject to
14[as an] extended jurisdiction juvenile prosecution [offender]. The
15court shall rule on this motion using the factors found in
16paragraph (b) of subsection (1) and the procedures in 
17subsection (2) [paragraph (1)(b) of Section 5-805]. If the court
18denies the State's Attorney's motion for sentencing under the
19extended jurisdiction juvenile prosecution provision, the
20court 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
25offense that would be a forcible felony if committed by an 
26adult, and an adult sentence was imposed under paragraph (ii) 
		SB3210	- 7 -	LRB104 19678 RLC 33127 b
1of subsection (4), the State's Attorney may file a petition to 
2revoke the stay. The State's Attorney must notify the minor, 
3minor's counsel, and the minor's parents or guardians of the
4[upon the filing of a] petition to revoke the stay, after which
5the court may[, without notice,] issue a warrant for the arrest
6of the minor. After a hearing, if the court finds beyond a 
7reasonable doubt [by a preponderance of the evidence] that the
8minor committed a new offense that would be a forcible felony 
9if committed by an adult, the court may [shall] order execution
10of 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
15the minor on the existing juvenile sentence with or without
16modifying or enlarging the conditions. Upon revocation of the
17stay of the adult criminal sentence and imposition of that
18sentence, the minor's extended jurisdiction juvenile status
19shall be terminated. The on-going jurisdiction over the
20minor's case shall be assumed by the adult criminal court and
21juvenile court jurisdiction shall be terminated and a report
22of the imposition of the adult sentence shall be sent to the
23Illinois State Police.
24    (7) Upon successful completion of the juvenile sentence
25the court shall vacate the adult criminal sentence.
26    (8) Nothing in this Section precludes the State from
		SB3210	- 8 -	LRB104 19678 RLC 33127 b
1filing a motion for transfer under Section 5-805.
2(Source: P.A. 103-22, eff. 8-8-23; 103-191, eff. 1-1-24;
3103-605, eff. 7-1-24.)