Suffredin- Changing County Government  
 

Accountability
Forest Preserves
Public Safety
Cook County Budget
Forest Pres. Budget
Property Tax Appeal
Health & Hospitals
Land Bank Authority
Policy Resolutions
Unsung Heroine

 

   
 
   
   
 
   
     
  Office phone numbers:  
   
 
 

The Cook County Code of Ordinances are the current laws of Cook County.

   
 

Search current and proposed Cook County Legislation in Larry's exclusive legislative library.

   
  Last year more people used the County's forest preserves than visited Yellowstone National Park.
   
     
     
     



Illinois appellate court rejects ordinance banning detention of 10-12 year olds

Wednesday, October 30, 2019
Injustice Watch
by Emily Hoerner

A divided Illinois Appellate Court panel this week ruled that Cook County judges may detain pre-teenagers, rejecting a county ordinance that banned the practice.

The 2-1 decision, authored by Illinois Appellate Court Judge Daniel Pierce, came in the case of a 12-year old whom Cook County Circuit Court Judge Michael Toomin ordered detained following an arrest for the youth’s suspected involvement in an armed robbery. Toomin ruled last October that the county ordinance conflicted with state law that permits the detention of youth 10 years or older, freeing judges from following the Cook County Board of Commissioner’s edict.

The majority opinion, joined by Judge John C. Griffin, agreed, finding that the state law makes the county ordinance “unenforceable.”.

In dissent, Illinois Appellate Judge Michael B. Hyman wrote that the ruling “dangerously erodes” the ability of counties to create their own rules.

Hyman wrote that he disagreed with the majority’s reasoning that the legislature had given express permission to detain 10, 11, and 12 year olds through the Juvenile Court Act. That law applies to detention by police, not courts, he wrote.

“Nothing in the Juvenile Court Act specifically limits Cook County’s ability to determine who is admitted to the [Juvenile Temporary Detention Center], try as one might to find it,” Hyman wrote.

According to the appellate decision released Monday:

The youth, identified only as Mathias B., was originally detained through electronic monitoring. Prosecutors later asked that his electronic confinement be revoked, contending that the child failed to charge his electronic monitoring device and had violated the terms of his home confinement by leaving his residence when not authorized to do so.

Later, when the boy left home and was not able to be located, another Cook County judge revoked his electronic monitoring and ordered that he be held in a detention facility once arrested. After the boy’s arrest, Judge Toomin heard a motion to reconsider the child’s detention and ordered that the youth remain in custody for his own safety.

The boy has since served his sentence and has been released from detention, the opinion states.

The majority wrote that even though the boy’s sentence is already complete and the state took no position in the matter, other juvenile judges will seek guidance in making “gut wrenching” detention decisions for the small number of pre-teens whose cases come before them.

“The General Assembly expressed its intention that the operation and administration of juvenile detention facilities would lie with the judiciary and not the county board,” Pierce wrote.

Hyman disagreed not only with the majority opinion on the state law, but also criticized the prosecution’s decision to take no position on the matter. Prosecutors had acknowledged at an earlier hearing that the state believed the new county ordinance was the controlling law in the case, Hyman wrote.

Tandra Simonton, chief communications officer with the with the Cook County State’s Attorney’s office, said in a statement that the office is “not advocating that juveniles under the age of 13 should be detained and held in custody when charged with a crime,” but that the office agrees with the appellate court’s ruling.

“We believe that the best legal remedy to address this issue is through legislation and amendment of the Juvenile Court Act,” Simonton said in the statement.

Democratic Cook County Commissioner Larry Suffredin, who sponsored the ordinance banning detention of pre-teens, said he was disappointed by the ruling.

“Our public policies are damaging children,” Suffredin said, adding that he feared the effects of detaining youth.

He noted the ongoing case in downstate Illinois, in which prosecutors recently charged a nine-year-old boy with murder.

“I would hope that this ruling will shake the general assembly into realizing that they need to do something,” Suffredin said.

 



Recent Headlines

Cook County forest preserve picnic, camping permits for 2020 season to go on sale Nov. 15
Tuesday, November 12, 2019
Chicago Tribune

Chicago’s public defender plans to ask Illinois Supreme Court to reverse decision that permits holding preteens in custody despite county ordinance
Monday, November 11, 2019
Chicago Tribune

Clerk Yarbrough touts ‘method to her madness,’ says hiring criticism ‘is purely personal’
Saturday, November 09, 2019
Chicago Sun-Times

Nonprofit hospitals forced to defend hundreds of millions in property tax breaks
Friday, November 08, 2019
Crain's Chicago Business

Cook County Land Bank must serve neighborhoods, not City Hall insiders
Friday, November 08, 2019
Chicago Sun-Times

After judge’s dismissal, Skokie appeals federal lawsuit over Evanston water rates
Friday, November 08, 2019
Chicago Tribune

2 teens in DCFS care were shackled and handcuffed during drive from a youth shelter: ‘Totally unacceptable,’ agency says
Friday, November 08, 2019
Chicago Tribune

The lifelong damage we do in Cook County when we jail kids as young as 10
Thursday, November 07, 2019
Chicago Sun-Times

Unfair assessments lawsuit dismissed after assessor makes changes — full reform called a ‘years-long process’
Thursday, November 07, 2019
Chicago Sun-Times

Editorial: Watch out, Cook County land bank. The public could foreclose — on you.
Thursday, November 07, 2019
Chicago Tribune

Niles raises property tax about $21 per average household
Wednesday, November 06, 2019
Pioneer Press

Nov. 15 is Opening Day for Forest Preserves of Cook County Picnic and Special Event Permit Sales, 2020 Camping Reservations
Wednesday, November 06, 2019
Special to suffredin.org

$8M grant program aims to expand Cook County animal shelter space
Tuesday, November 05, 2019
ABC EyeWitness News

Even as Illinois court permits detaining pre-teens, across U.S. fewer youth being held
Monday, November 04, 2019
Injustice Watch

Cook County OK’d insider deal for Ald. Carrie Austin’s top aide
Monday, November 04, 2019
Chicago Sun-Times

A progressive measure intended to keep preteens out of Cook County jails was effectively struck down by an appellate court
Monday, November 04, 2019
Chicago Tribune

Cook County Health CEO Calls on Other Hospitals to Increase Charity Care
Friday, November 01, 2019
WTTW News

Labrador retriever sworn in at Cook County state’s attorney’s office. Yes, really.
Thursday, October 31, 2019
Chicago Tribune

Cook County sheriff wants chief judge to take over electronic monitoring of suspects, citing the records of those released
Thursday, October 31, 2019
Chicago Tribune

Illinois appellate court rejects ordinance banning detention of 10-12 year olds
Wednesday, October 30, 2019
Injustice Watch

all news items

Paid for by Larry Suffredin and not at taxpayer expense. A Haymarket Production.
^ TOP