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Automa'c Transfer Update
Dialogue, Education, & Advocacy
www.jjustice.org
518 Davis St., Ste. 211, Evanston, IL 60201
847-864-1567
Cook County Automatic Transfer Update 2013 -­‐ 2014 One year ago, the Juvenile Justice Initiative released a report on three years of automatic transfer (AT) cases in Cook County (2010-­‐2012). The JJI has now collected and examined the most recent two years of data concerning children held in the juvenile detention center and automatically prosecuted in adult court in Cook County in 2013 and 2014. Following a brief examination of the most recent trends in automatic transfers in Cook County, the JJI found:
• Automatic transfers in Cook County continue despite a proof of disparities and concern by the Illinois Supreme Court in Patterson. The number of children impacted by the automatic transfer laws has slightly increased, controlling for the felony “raise the age.” 1 From 2010 to 2012, 257 children were automatically prosecuted in adult court in Cook County, with an annual average of 86. In 2013, 100 children were automatically prosecuted. 2 In 2014, 223 children were automatically transferred to adult court in Cook County with 55% being 17 year olds. • Racial disparities in automatic transfer practices remain profound in Cook County. In 2010-­‐2012, 83% of AT children were African American with only one child being white. Between 2013 and 2014, 85% of 323 AT children in Cook County were African American with three being white. 2
• Automatic transfers sweep too broadly. Prior to 1982 when judges decided on an individual basis, about 50% of the transfer cases involved murder. In 2013 and 2014, 14% of the children were charged with Xirst-­‐degree murder, and 7 -­‐ 8% were aggravated criminal sexual assault. Armed robbery with a Xirearm accounted for 40% of the charges.
• Automatic transfer decisions are made too quickly. Between 2013 and 2014, 7-­‐11% of the AT cases were thrown out before trial due to lack of probable cause. Further, 6-­‐9% of the cases were re-­‐charged before trial/plea with a lesser offense that would not have triggered adult court if it had been the original charge — yet, children still remained in adult court. Year
Decision Maker
Average Annual # of Transfers
% of 15 Year Olds
% of 16 Year Olds
% of 17 Year Olds
% of Black Children Transferred to Adult Court
% of White Children Transferred to Adult Court
% of Transfers for Murder
% of Transfer for Armed Robbery with a Firearm
% of Cases Re-­‐Charged with a Lesser Offense Before Plea or Trial
% of Cases Thrown Out due to Lack of Probable Cause
1975-­‐1981
Juvenile Judge
57
NA
NA
NA
68%
NA
48%
22%
NA
NA
2010-­‐2012
Prosecutor
86
36%
62%
2%
83%
<0.1%
13%
30%
16%
NA
2013
Prosecutor
104
36%
61%
4%
89%
2%
14%
39%
9%
11%
2014 1
Prosecutor
223
17%
28%
55%
83%
<0.1%
14%
40%
6%
7%
1. Until December 31, 2013, all the 17 year olds charged with any felony offenses were tried in adult court. As of January 1, 2014, all the 17 year olds charged with
felony are prosecuted as juveniles in juvenile court, except for transfer cases.
2. In 2013, 100 different children were automatically tried as adults. A few children had two cases associated with them, making a total number of cases 104. For
offense breakdown, these children were counted twice.
For more information, contact Juvenile Justice Initiative at 847-864-1567.
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