Chicago — The Cook County Board of Commissioners approved a resolution urging the Illinois General Assembly to restore judicial discretion by ending the automatic transfer of young people to adult court. HB 172, which accomplishes the goal of the resolution, would require that a hearing be held in front of a juvenile court judge to determine whether a young person should be transferred to adult court. The law requires that the judge weigh a number of factors when making this decision, giving the most weight to the seriousness of the crime and the young person’s delinquent history.

The automatic transfer law was enacted by the Illinois General Assembly in 1982. Under the law, children, predominantly aged 15-17, but as young as 13 in some instances, must be prosecuted as adults if they are charged with certain serious crimes, including first degree murder, aggravated criminal sexual assault, and armed robbery committed with a firearm.  Prior to law’s 1982 passage, judges decided whether a young person would answer certain these charges in adult or juvenile court. Now, the child receives no hearing to determine whether they are better served in the juvenile system or in the adult system.

According to the most recent data from the Public Defender on young people automatically transferred to adult court in the last 14 months, only 23% were charged with either first degree murder or aggravated criminal sexual assault, while nearly 50% were charged with armed robbery with a firearm.

“I am pleased that the Board of Commissioners has added their voice to the growing number of organizations and individuals calling for an end this unjust and misguided law. I will continue to make ending automatic transfers my top criminal justice priority in Springfield in the coming session,” Preckwinkle said.

A three-year study of the Cook County court system conducted by the Juvenile Justice Initiative found that 50% more children were transferred to adult courts after the passage of the automatic transfer law, and for less serious offenses. Ultimately, 54% of all young people who are automatically transferred are convicted of or plead guilty to lesser charges that would have remained in juvenile court if those were the original charges brought.

The law also has a disproportionate impact on children of color. On October 31, 2014, 86% of the automatic transfer youth in the Juvenile Temporary Detention Center were African-American, and 14% were Hispanic. Of the 257 young people automatically transferred in the three years of the study; only one of them was white.

Studies have shown that recidivism rates for young people who are prosecuted as adults are 34% higher than those with similar records who were prosecuted as juveniles.

The automatic transfer law also results in increased costs for the county. Adult criminal courts take longer to adjudicate a case than juvenile courts. The average stay for a young person tried as a juvenile is about 25 days, which costs approximately $15,000. That same young person tried as an adult as the result of the automatic transfer law stays in the JTDC for an average of 220 days at a cost of $132,000, according to the JTDC’s data.   The cost of the current Average Daily Population of Automatic Transfer’s in the JTDC annualized is approximately $31.5 million.

“I was proud to co-sponsor this important resolution with President Preckwinkle,” said Cook County Commissioner Stanley Moore (4th District). “As a member of the Juvenile Temporary Detention Center (JTDC) Advisory Council, I have seen the enormous impact this policy has on our juvenile justice system and our youth. Every child, regardless of the crime, deserves a fair hearing before being prosecuted as an adult.”

HB172 was filed in the Illinois General Assembly by Representative Elaine Nekritz, and co-sponsored by Representatives Robyn Gabel, Mary Flowers, and Will Guzzardi. Preckwinkle has pledged to work with Nekritz and any other interested party to end automatic transfers in the coming session.

“I applaud the action taken by the Board to support the restoration of judicial oversight to the juvenile justice process and I look forward to working to pass HB172 in this legislative session,” Nekritz said.