The Illinois House has approved legislation that would raise the minimum age at which minors can be detained in juvenile facilities. The bill, which has already cleared the Senate, now awaits the governor’s signature.
Key Provisions of the Bill
- Minimum Detention Age Raised: The legislation would prohibit the detention of children under age 13 in county jails or municipal lockups for more than six hours, raising the threshold from the current standard of under 12 years old.
- Narrow Exceptions for Violent Offenses: Beginning July 1, 2027, only 12-year-olds accused of the most serious crimes, including first-degree murder, aggravated criminal sexual assault, aggravated battery with a firearm, or aggravated vehicular hijacking, could be detained in a juvenile facility. For all other offenses, detention would not be permitted for those under.
- Alternatives to Detention: Instead of traditional detention, minors under 13 who come into conflict with the law may be held accountable through petitions under the Minors Requiring Authoritative Intervention Article or through community mediation programs.
- Documentation and Oversight: Probation and court services will be required to document and report each instance where alternatives to detention were unavailable or unsuccessful, including the reasons why detention was ultimately used.
Proponents argue that detaining very young children is “potentially life-altering” and can exacerbate trauma, especially for those who have already faced significant challenges before entering the justice system. Studies cited by the Illinois Juvenile Justice Commission suggest that detention can increase the risk of future behavioral problems and disproportionately harms Black children.
The bill passed the Senate with bipartisan support and a 33-17 vote. If signed by Governor JB Pritzker, the changes would be phased in over the coming years, with the most significant restrictions on detention for 12-year-olds taking effect in mid-2027.
