Senator Ira Silverstein (D-8) filed SB2651 to LOWER the age of mandatory transfer of a juvenile to adult court for a new offense category. It is assigned to the Senate Criminal Law Committee, for a hearing which is scheduled for Wednesday at 9 am.

Senator Silverstein should hear that there are serious concerns about his bill (SB2651).
His office number is (773) 743.5015.

Here is an overview of some of the concerning details about the bill. It:

1. lowers the age of Illinois’ mandatory transfer provision from 15 yrs old (currently set) to 13 years old for the charge of battery with specific intent to cause the victim to lose consciousness.
2. removes juvenile court authority to determine appropriateness of transfer for an individual child–a juvenile court judge IS REQUIRED to permit transfer as long as there is a mere finding of probable cause without an individualized review.
3. Illinois law ALREADY allows ANY child 13 or older to be tried in adult court based on ANY charge. The prosecution must petition the court and the court must consider individualized factors in making this decision. Courts should be the judge of the critical issue to transfer a child to adult criminal proceedings.

The court MUST review the following factors amongst others:
* the age of the minor;
* previous criminal history;
* previous abuse or neglect history,;
* mental health, physical, educational history;
* the circumstances of the offense including the seriousness and whether the minor is charged through accountability as well as the seriousness of the harm and whether the minor possessed a deadly weapon;
* the advantages of treatment under the juvenile court system;
* the minor’s history of services including the minor’s willingness to participate in services;
* whether the security of the public requires sentencing under the adult criminal code
SEE 705 ILCS 405/5-805 (3)

This bill proposal means that the consideration of the above listed factors will be eliminated. Instead, a juvenile court judge MUST permit transfer as long as there is a mere finding of probable cause.

In other words, under this proposal, a 13 year old charged with battery with specific intent to cause the victim to lose consciousness will, upon a finding of probable cause, MUST be tried as an adult.

SB2651 denies:

1. consideration of the 13 year old’s previous history, or mental health or even whether the charge is through accountability.
2. the kind of meaningful due process transfer hearing required under Kent v U.S. (because it denies individualized review).
3. Arguably, the individualized review of the minor’s youth required under Miller v Alabama (recent U.S. Supreme Court decision overturning mandatory life without parole). Note that the constitutionality of automatic transfer post-Miller world is already pending before the IL Supreme Court in several cases.

It is time to roll the clock back and return to the Kent protection of an individualized due process review of the transfer issue by a juvenile court judge – the process in place in Illinois prior to 1982.

Please take 2 minutes to call Sen. Silverstein to OPPOSE SB2651 at (773) 743.5015.