Issues for Change

Right-Sizing Jurisdiction

Two of the most basic requirements of a model juvenile justice system are that it treat young people as individuals and that it recognize the fundamental developmental differences between them and adults. These are the core values that led to the original creation of a parallel system of justice—individualized and developmentally informed—for juveniles charged with crimes.

Yet the boundaries and distinctive features of juvenile justice have become dangerously unsettled in the past few decades. Through blanket transfer laws, many of the older, more serious offenders traditionally served by the juvenile courts—and still capable of benefiting from treatment and rehabilitation in the juvenile system—are being “promoted” to a fictitious adulthood, without regard to their actual needs or circumstances. At the same time, juvenile courts are increasingly being asked to step in where schools, communities and families once exercised responsibility, and to supervise and sanction younger and younger children as though they were simply smaller delinquents. These shifts have largely been imposed from outside the system—taking little account of the juvenile justice system’s actual resources, capacities, or goals.

In Illinois, Models for Change is engaged in a broad-based effort to “right-size” the boundaries of the juvenile justice system, and thereby to preserve its historic values and renew its century-old commitment to individualized treatment and recognition of developmental differences. These efforts include public and legislative advocacy, research, and training:

• Upper and lower age limits on juvenile court jurisdiction. Models for Change grantees and partners are conducting research and engaging in public advocacy in support of legislation to change the state’s upper age of juvenile court jurisdiction to include 17-year-olds, thereby joining 38 other states and the federal government in recognizing that young people in this age category belong in the juvenile system. Models for Change is also involved in drafting and advocating for the passage of legislation to set 10 as the minimum age at which children can be dealt with as delinquents. Illinois currently has no minimum age for juvenile delinquency jurisdiction.
• Transfer. Illinois recently enacted bipartisan legislation rolling back an automatic transfer law applicable to youth accused of certain drug offenses. Models for Change grantees were involved in researching, testifying at legislative hearings, and publicly advocating for this change, and are currently engaged in similar public education and advocacy efforts aimed at the elimination of automatic transfer laws that deny accused juveniles the benefit of individualized consideration, and/or their replacement with more flexible transfer and sentencing mechanisms.
• Juvenile separation. Illinois also recently created a new Department of Juvenile Justice independent of adult corrections—another reform strongly advocated by Models for Change grantee organizations. Grantees participated in planning for the new Department, and will offer technical assistance and training to its staff.
• Competency. Models for Change grantees are likewise developing and advocating for model competency legislation, designed to ensure that juveniles accused of crimes are mentally competent to understand and participate in their trials.
• Representation. Models for Change has conducted a statewide assessment of the quality of representation for juveniles in delinquency cases, and will provide training in child and adolescent development issues to defenders and other system representatives.

Back To Top