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States Broaden Scope of Transfer Laws

NCJ Number
169455
Journal
Compiler Volume: 17 Issue: 2 Dated: (October 1997) Pages: 11-14
Author(s)
D Dighton
Date Published
1997
Length
4 pages
Annotation
This article reviews Illinois law pertinent to the transfer of juveniles from the jurisdiction of the juvenile court to adult criminal court.
Abstract
Transferring juveniles to adult court continues to be a focus of juvenile legislation across the Nation, and Illinois is no exception. Provisions for the automatic transfer of juveniles have been expanded five times in Illinois between 1990 and 1995. The Illinois General Assembly is expected to consider a bill during the fall veto session that would further expand the scope of automatic transfers to criminal court. Illinois law provides three methods of transferring juveniles to criminal court: discretionary or petitioned transfer, presumptive transfer, and automatic transfer. Proposed legislative changes retain basically the same automatic transfer provisions that currently exists and adds aggravated battery with a firearm to the list. In addition to mandatory transfer, presumptive and discretionary transfers are retained in the bill. The bill (Senate Bill 120) would add a new feature to mandatory, presumptive, and discretionary transfers called Extended Jurisdiction Juvenile (EJJ). Under EJJ, if the minor is found guilty, the juvenile court will impose a juvenile and an adult sentence, but the adult sentence is suspended. If the minor violates the conditions of the juvenile sentence, the adult sentence will be imposed. 1 table, 1 figure, and 7 notes