Waiver of counsel, 2014

A juvenile who was under 13 at the time of the commission of an act that if committed by an adult would be a violation of various homicide or major sex offense statutes may not waive his or her right to counsel.

  • Restrictions on waivers
  • No restrictions
  • Reflects laws as of the end of 2013 legislative sessions.
  • Age

    Under 13

  • Crime

    Juveniles cannot waive right to counsel if alleged to have committed specified act that would be specified crime if committed by adult.

  • Hearing

    No restrictions

  • Placement

    No restrictions

Timing of counsel, 2013

In Illinois, an attorney for a juvenile can be appointed at the following points in the process: Custodial Questioning / Talk with Intake Officer; Detention Hearing / First Court Appearance / Arraignment; Once a Petition is Filed / Hearing on the Petition; Loss of Freedom / Institutionalization / Commitment / Imprisonment; All Stages of Proceedings / All Critical States of Proceedings.

  • Reflects laws as of the end of 2013 legislative sessions.

Indigency requirements, 2013

Organized at the local level (county/judicial district)

(Additional detail concerning the organization and administration of juvenile defense is available in a state profile from the National Juvenile Defender Center.)

Indigency is not determined legislatively

Illinois indigency law is governed by juvenile statute and adult statute and court rule, which provide for a determination of indigency. Indigency is judicially determined. Specialized juvenile training available or required.

  • Reflects laws as of the end of 2013 legislative sessions.

Courtroom shackling, 2015

Restricted by judiciary

In Illinois, pursuant to In re Staley, 364 N.E.2d 72, 73-4 (1977), a juvenile may not be kept in restraints during court proceedings unless a court determines there is a clear necessity for such restraints. Advocates also cite People v. Boose 66 Ill. 2d 261,265-66 (1977) and Illinois v. Allen , 397 U.S. 337 (1970).

Sex offender registration, 2015

Registers

Competency, 2015

Illinois juvenile statute makes brief reference to incapacity, fitness hearings, and adjudication of unfitness for trial, and that the (adult) code of criminal procedure permits the continuance and ‘examination of fitness’ procedures.

  • No juvenile standard

  • Juvenile standard is the adult standard

  • Juvenile justice standard exists

  • JJ standard includes developmental immaturity

About this project

Juvenile Justice GPS (Geography, Policy, Practice, Statistics) is a project to develop a repository providing state policy makers and system stakeholders with a clear understanding of the juvenile justice landscape in the states.

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