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.
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.
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.
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
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