Illinois Juvenile Justice Commission - Policies and procedures of the Illinois Juvenile Justice lyrics

Plea agreements occur when the state's attorney and juvenile defendant agree to a sentence and the youth pleads guilty. Plea agreements must be approved by the judge. If approved, a sentencing hearing will be set. Trials (adjudicatory hearings), occur in juvenile court only if: • The youth has pled not guilty. • The youth was not diverted from the system. • The youth did not sign a plea agreement. • The prosecutor did not dismiss all charges against the youth. As juveniles do not have a constitutional right to a jury trial (determined by the 1971 U.S. Supreme Court case McKeiver v. Pennsylvania [403 U.S. 528, 545 (1971)]), only bench trials are conducted. Trials must be held within 120 days of the youth's demand for trial, although in some circumstances this time may be extended 30 days [705 ILCS 405/5-601(1)]. However, in cases of habitual juvenile offenders [705 ILCS 405/5-815], violent juvenile offenders [705 ILCS 405/5- 820], and extended juvenile jurisdiction prosecution [705 ILCS 405/5-810], the statutes provide the right to a jury trial. During a trial, the judge determines whether the allegations against a youth are supported by evidence beyond a reasonable doubt. If the judge does not find sufficient evidence, the case will be dismissed (with no finding of guilt) and the youth will be released with no further action by the court. If the judge finds that the allegations are supported by evidence beyond a reasonable doubt, the youth will be found guilty (adjudicated delinquent). At this point, the judge has several sentencing options. Typically, judges set a date for a sentencing hearing. During the time between the trial and the sentencing hearing, social investigations are ordered that a**ist judges in making sentencing decisions. However, sometimes judges will waive the social investigation and proceed immediately to sentencing, especially if there is a plea agreement. Social investigation reports ordered by the court must be submitted to all parties a minimum of three days prior to the sentencing hearing. Social investigation reports, often conducted by probation officers, include relevant information about the juvenile, including, but not limited tothe youth's physical and mental history and condition, family situation and background, socio- economic status, education, occupation, personal habits, history of delinquency or criminality, and available resources for the youth [705 ILCS 405/5-701]. Diversion options at trial Judges and prosecutors have options for diverting youth from further juvenile justice system involvement after a delinquency petition has been filed. Many jurisdictions in Illinois are incorporating restorative justice programs as diversionary options at trial. Continuance under supervision In Illinois, the court may order a continuance under supervision which may not exceed a 24- month period for youth alleged to be delinquent, unless the alleged offense is first degree murder, a Cla** X felony, or a forcible felony―offenses ineligible for continuances under supervision. During the time of the continuance, the youth must follow conditions of supervision determined by the court and monitored by a probation officer [705 ILCS 405/5-615]. If the youth successfully completes supervision, he or she will not be adjudicated delinquent and will be released. If the youth does not successfully complete the supervision, he or she will be adjudicated delinquent and sentenced. A continuance under supervision may not be ordered if any party—the state's attorney, defense attorney, defendant, or the youth's parents or legal guardian—objects. Court supervision A youth may be diverted with court supervision, also known as deferred prosecution, which suspends the judgment in a case. If the youth complies with the conditions set by the court, he or she will be released without further prosecution. Typical conditions of court supervision are refraining from any additional involvement with the juvenile justice system or law violating behavior. Before court supervision is ordered, a judge typically determines whether the youth will be adequately supervised by parents or guardians while the case is pending. Youth who receive court supervision are not monitored by a probation officer.