New IL law will raise minimum detainment age for minors

SPRINGFIELD, Ill. (WAND) — A new Illinois law will raise the minimum detainment age for minors from 10 to 13 years old.

The detainment age will shift from 10 to 12 years old in 2026 and then to 13 years old in 2027.

There will be a carve-out for intense crimes like murder, aggravated sexual assault and aggravated vehicular hijacking. Probation and court services will be responsible for documenting and sharing monthly any instance where alternatives to detention failed or were lacking, including the basis for detention, providers contacted and the reason alternatives were rejected, lacking, or denied.

Minors under 13 may be held accountable through community mediation programs or court-ordered intervention services.

"We're going to improve the system, and I'm willing to work with folks on the other side of the aisle to make sure that everybody has good, comfortable services that give dignity to our young people," said Sen. Robert Peters.

The law also calls for a youth nonviolent crime resource program where the state will provide mentoring, educational resources, employment opportunities and behavioral healthcare.

"Local circuit courts and probation departments are allowed to refer youth to the program," said Rep. Patrick Windhorst (R-Metropolis). "I'm just envisioning a situation where a youth is found delinquent by the court and, as part of probation, is referred to the program."

The law will create a child first reform task force as well. This group will review and study the necessity of juvenile detention centers, complaints that arise within the facilities and community-based alternatives.

House Bill 3492 passed out of the Senate on a 37-18 vote and received a 66-39 vote in the House.

"If we want a safer, more supportive state, we have to not just intercept delinquency and violence, but also prevent them," Peters said. "Raising the detention age and instituting community-based solutions for offending juveniles will ensure minors across the state get support when they need it, rather than a harmful detention sentence."

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