People v. Michael J., 2025 IL App (5th) 250546-U (Ill. Ct. App. 2025)

The Illinois 5th District Court of Appeals found that the juvenile court lacked statutory authority to proceed on a transfer determination once a young person turned 22 years old. This case involved an initial transfer determination followed by a reconsideration request by the defense based on lack of probable cause to justify the initial transfer to adult court, during which time the young person reached 22 years of age by the second transfer hearing.

The Court stated in relevant part: “However, we find that after the juvenile court granted reconsideration of the transfer order, the proceedings against the respondent should have been discharged because the juvenile court no longer had statutory authority to proceed against the 22-year-old respondent. The Act limits the juvenile court to cases with individuals who are under the age of 21. 705 ILCS 405/5-105(10) (West 2020). Thus, “once a defendant reaches the age of 21, under the Act, the juvenile court has no statutory authority over him.” People v. Foxx, 2018 IL App (1st) 162345, ¶ 45, 433 Ill. Dec. 874, 133 N.E.3d 1154 (citing People v. Fiveash, 2015 IL 117669, ¶ 33, 396 Ill. Dec. 98, 39 N.E.3d 924). “The juvenile court is not free to reject or expand its statutory authority despite the desirability or need for such action.” In re Ardedia L., 249 Ill. App. 3d 35, 40, 618 N.E.2d 804, 188 Ill. Dec. 234 (1993). Thus, once the defendant turns 21, the defendant is considered an adult, and the juvenile court is no longer empowered to hear and determine the matter or to grant any requested relief. Id.”