Treat people in late teens, early 20s as juveniles? Kane County officials wary

Kane County officials expressed concern Thursday about state legislation that would allow people in their late teens and early 20s to be treated as juveniles by the criminal justice system.

Several county board members joined Kane County State's Attorney Joe McMahon in recognizing there are studies indicating full brain development doesn't occur until sometime in the mid- to late 20s, especially for males. That lack of brain maturity may have some correlation to stats showing people are more apt to commit crimes during their late teens and early 20s.

McMahon said, however, there is an obvious difference between a 14-year-old and a 20-year-old.

"All of us know people who are 18 or 19 who are not mature and (don't) make the best decisions," McMahon said. "But this legislation would put somebody who can legally buy a car, serve a tour of military duty in Afghanistan, come back to Illinois, be arrested on charges of a crime and be sitting next to a 14-year-old in juvenile court. That makes absolutely no sense to me."

McMahon said there are many diversion programs and alternative courts in place that already allow younger offenders a path to better themselves without going to jail.

The changes would also send less revenue from the court system into county coffers.

There is no bail requirement for juveniles. Costs would also increase because the juvenile system focuses more on providing education, job training and mentoring than the adult jail system.

It's that difference in the two systems that inspired the legislation and attracted support from groups like the Illinois PTA and the ACLU.

Lisa Aust, who oversees Kane County's court services programs, has not yet decided if the legislation is a good idea, but she said there is major potential for disruption in the current justice system.

It's not clear how many people could shift from the adult system to the juvenile system, she said. But the legislation would allow 19-year-olds to be considered as juveniles for misdemeanor cases starting in 2019. The age limit then increases in future years until reaching a new cutoff of age 21.

However, the legislation allows judges the discretion to move the older juveniles through the adult system.

Chief Judge Susan Clancy Boles said Illinois does not have the infrastructure to handle a major influx of new juvenile offenders. There are only nine juvenile detention facilities in Illinois.

"That's likely not enough," Boles said. "The long-term ramifications are huge."

The legislation, HB4581, is awaiting a vote by the full Illinois House.