Illinois's law allowing kids 10 to be locked up at age 10 under review

Pending legislation could change the age of Illinois' juvenile offenders' detention time before their trial date.

Currently, juveniles as young as 10 can be incarcerated. After a decade of negotiations with lawmakers, House Bill 2347, if passed, would raise the age of placing kids in detention centers from age 10 to 13, excluding violent offenders. The measure has passed the House and is being reviewed by the Senate.

Elizabeth Clarke, founder and interim executive director of the Juvenile Justice Initiative, supports what she described as the "well-thought-out" legislation.

"It's a compromise. It's important to do," Clarke asserted. "Locking up children, especially young children, not only is traumatic to them, but it's more likely to result in repeat offending."

Department of Juvenile Justice inspections in 2023 found facilities in Vermilion, Kane, Lake and Peoria counties were compliant with minimal safety standards. The remaining 10 facilities did not meet standards, a condition Clarke compared to solitary confinement.

The bill could be passed in the veto/lame duck sessions. Clarke pointed out the bill is an "agreed to" compromise. She noted some alternatives exist and children can be held accountable as minors, requiring authoritative intervention, probation and other punishments. She remains optimistic the Senate will pass the bill.

"This would just move the state forward," Clarke contended. "It would help counties avoid lawsuits in the future. It would help us to begin to right size our juvenile detention system across Illinois."

The bill said children younger than 13 could be held accountable through a legal document called the Petition for Minor Requiring Authoritative Intervention. It would permit the court to order probation or alternatives without involving an arrest or detention. Options include crisis intervention, behavioral health care services, or placement with relatives.

Illinois News Connection