The Juvenile Delinquency Division Kane County State’s Attorney’s office is responsible for prosecuting defendants who are younger than 18 years old when the alleged crime was committed.
Delinquency cases are initiated through a referral or by arrest and detention. When a minor is taken into custody, a detention hearing must be held within 40 hours – excluding court holidays and weekends – to determine whether the minor shall remain in custody. If a judge finds probable cause and an immediate and urgent necessity to protect the minor or the community, the court may order further detention. Otherwise, the court may release the minor to home detention or to the custody of a parent or guardian.
When a minor is not taken into custody, the case is referred to Kane County Juvenile Court Services. From there it could be diverted through Juvenile Court Services or be sent to the Juvenile Delinquency Division of the Kane County State’s Attorney’s Office for prosecution.
A juvenile who has a delinquency petition filed against him or her and is found guilty of a crime can be adjudicated delinquent and can be sentenced to supervision or probation. A juvenile also may be sentenced to up to 30 days in jail or committed to the Illinois Department of Juvenile Justice until his or her 21st birthday. In serious cases, such as a murder or attempted murder, a juvenile could be transferred to adult court and be subject to the same penalties as an adult.
Juvenile court hearings are closed to the general public, but members of the media are allowed to attend.
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