[no-lexicon]Who is considered a juvenile in the criminal legal system? [/no-lexicon]

Someone is a juvenile if they broke or attempted to break any Illinois law before they turned 18 years old. In most cases, when a juvenile is charged with a crime, their trial will take place in the juvenile court system.

Review this handbook 

How long can a juvenile be held under arrest?

The juvenile's age determines how long police can hold them under arrest. If the juvenile is under 12 years old, police can only hold them for 6 hours. If the juvenile is between 12-16 years old, they can be held for:

• 12 hours for a non-violent crime, or
• Up to 24 hours for a violent crime.

[no-lexicon]Can a juvenile be questioned without a parent or legal guardian present?[/no-lexicon]

Yes. Police officers must make a "reasonable attempt" to reach a  parent or legal guardian after the arrest. Police can contact a responsible adult to be present during questioning. 

If the police questions the juvenile, a youth officer must be present. A youth officer is just a regular officer. They can collect evidence against the juvenile. But they have two additional roles. First, the officer steps in as a responsible adult. They are meant to look out for the interests of the juvenile. Second, they process the juvenile once he or she is charged.

Police officers do not have to wait to question a juvenile until the parent or legal guardian arrives. They also do not have to wait for permission to question a juvenile.

Juveniles are considered "protected persons" and, as such, have special rights when they are being questioned in custody. Starting on January 1, 2024, the definition of a protected person will also include people with a severe or profound intellectual disability. An officer cannot use deceptive practices to get a protected person to confess to certain illegal activities. An officer uses deceptive practices when they:

• Tell you information about evidence that they know is false, or
• They offer you leniency in exchange for a confession when they were not allowed to offer it.

If they do either of these things, the minor’s confession could be kept out of court. However, this rule does not apply if:

• The minor committed a crime that would be a felony if committed by an adult,
• The officer can show that they did not know what they were saying was false, or
• The officer can show that the confession was still made voluntarily.

Can a juvenile be questioned without a lawyer present?

Usually. In most cases, police officers do not have to provide a lawyer for a juvenile before they begin questioning. They do not need to wait until a lawyer is present. But, they must ask the juvenile if they want to have a lawyer before they can begin asking questions.

When a juvenile under 15 is in custody for homicide or sexual assault, a lawyer must be present. The police department must provide a lawyer for the juvenile in this situation.

What happens to a juvenile once they are charged?

Once a juvenile is charged, two things can happen. The juvenile can be released to their parent or legal guardian. Or, they can be held in a secure facility to wait for the outcome of their court case.

The law says that there must be a "sight and sound barrier" between adult and juvenile detainees. Some counties in Illinois have a separate juvenile detention center for children 17 years and younger. In other counties, juveniles are held at the county jail. Facilities that provide long-term care for juveniles must comply with additional requirements.

These laws apply to all juveniles, no matter how serious the charges filed against them are. This is true even if the juvenile is charged as an adult.

Note: Starting January 1, 2024, juveniles cannot be held in solitary confinement except in limited situations. For example, if it's necessary to prevent them from hurting themselves or others, they might be isolated temporarily. Before confining a juvenile, staff must try to use less restrictive options, unless it is not safe to do so. A juvenile may also be confined for administrative or security reasons. In those cases, they should still have access to the same activities and services as other juveniles in the general population. Any limits on their movement or access to services must be explained and documented. There are also guidelines for how long they can stay confined and when they should be released. For more information, review the End of Youth Solitary Confinement Act.

Who can access, review and copy arrest records?

Judges, courts and law enforcement officers can see arrest records of juveniles taken into custody before their 18th birthday. The juveniles, their parents, legal guardians, and lawyers can also see and copy law enforcement records. The Department of Juvenile Justice may see reports of criminal history and sex offenses.

Juvenile detention facilities can sometimes see records. This happens when the juvenile was first in custody of the Department of Juvenile Justice and is then held in a county juvenile detention facility.

What does it mean to be tried as an adult?

In some situations, a juvenile may be tried as an adult. This means that the case will take place as if it were an adult case. It will occur in the criminal courthouse of that county. And the adult courtroom procedures and penalties will apply. 

Where can I find more information?

Review this guide to the juvenile delinquency court for more information on Juvenile Delinquency Court and what to do if your child is picked up by police. Stay with your child to be sure that their rights are protected, and make sure your child tells police that he or she wants a lawyer.