By Chief Justice Mary Jane Theis
As the United States Supreme Court observed in Miller v. Alabama, “youth matters.” Since 1899, when our state established the country’s first juvenile court, Illinois has stood on the vanguard of juvenile justice reform. Reform, however, is far from a static proposition; it requires constant review of current practices and consistent reconsideration of best practices. Recently, the Illinois Supreme Court, through the Illinois Judicial Conference, created the Juvenile Detention Practices Task Force. Here to discuss the work of the Task Force is one of its members, Chief Judge John Lowry of the 17th Judicial Circuit.
By Chief Circuit Judge John S. Lowry, 17th
Judicial Circuit; Presiding Judge, 17th Circuit Juvenile Division; Chair, Conference of Chief Judges Juvenile Courts Committee; Member, Supreme Court Juvenile Detention Practices Task Force
The Illinois juvenile detention system is in the midst of positive transformational change, driven by the recognition that what happens to youth in detention can have profound consequences for their lives and their communities and that a child’s development process continues through young adulthood.
Changing Times
In recent years, system reforms have included an increased focus on alternatives to detention, therapeutic services and interventions while youth are in detention and utilization of community resources.
Legislation has been enacted protecting the rights of youth in detention facilities. Oversight has also increased and now includes the IDJJ, AOIC and Independent Juvenile Ombudsman. Compliance with the stringent federal Prison Rape Elimination Act (PREA) has recently been incorporated into the updated AOIC juvenile detention standards.*
Yet much work remains to be done. Consistency is an issue and lack of consistency can impede progress towards goals. There are 15 juvenile detention centers in the state with varying facility types and resources. Many of the facilities are underfunded and lack sufficient space to carry out effective programming. A challenging and at times volatile work environment, coupled with low wages and night/weekend shifts, results in staff burnout and high turnover. Turnover leads to staffing shortages, less experienced staff and the need for more resources to expend on training.
While overall resident population has decreased in recent years, charges for many youth being held are for higher class felonies, and the number of youth entering detention facilities with mental health issues has increased.
At the same time, data suggests that secure detention is being used as a short term “crisis response” in some situations, or as a substitute for a residential placement for vulnerable youth.
Formation of Juvenile Detention Practices Task Force
Recognizing that now is an opportune time to expand on the progress in juvenile detention practices, the Illinois Supreme Court (Court) recently created the Juvenile Detention Practices Task Force (Task Force) as a vehicle to support its strategic plan to strengthen juvenile detention practices. The Task Force is comprised of juvenile justice system stakeholders with diverse backgrounds and perspectives. The roster includes detention center superintendents, advocates, attorneys, judges and other juvenile justice practitioners from across the state.
Task Force member and Loyola Law School Professor Lisa Jacobs sees potential for further positive change: “The standards and oversight applicable to the juvenile justice system are complex and – sometimes – unclear. The Court’s creation of this Task Force has created important opportunities to strengthen detention oversight and to ensure that youth receive appropriate care and supports wherever and whenever they are held in detention.”
The charge from the Court is clear: By October 2025, recommend methods to “enhance the oversight, administration and accountability of juvenile detention facilities across the state. This includes identifying funding sources, improving system consistency and promoting evidence-based practice.”
The Task Force aims to develop recommendations to continue to reduce the inappropriate use of detention and to ensure that facilities can care for youth who stay longer awaiting disposition of higher-level charges.
In furtherance of these goals, the Task Force has set up three separate work groups which are presently gathering information.
The System Mapping work group is compiling information pertaining to relevant statutes impacting juvenile detention centers, funding resources and oversight entities. This work group has developed a flow chart of how youth enter and exit detention centers.
The Alternatives to Detention work group is gathering information on youth detentions per county and alternative detention frameworks. A survey was submitted to probation directors to develop insight as to the nature and extent of alternatives in practice currently, and if not, the feasibility of implementing alternatives.
The Evidence-based Practices work group is addressing a number of issues including detention hiring and separation. The AOIC is gathering detention employment data from the Probation Advisory Board. The work group also recognizes the need to support employee wellness initiatives and paths to assist facilities in achieving PREA certification.
Collaboration is Key
Participation in work group meetings by Task Force members has served to develop a collaborative spirit as the members work towards shared goals. Understanding different perspectives surrounding detention center practices will facilitate problem-solving and lead to more innovative recommendations.
The Conference of Chief Judges (CCJ) Juvenile Courts Committee juvenile detention work group provides a shining example of striving towards collective goals through collaboration. Attendees of quarterly meetings include detention center superintendents, probation directors and chief judges.
Working together is the underlying theme of the CCJ detention work group: “Collaborative approach to spreading positive detention center messaging and educating county boards, the public and chief judges.”
These meetings are guided by four objectives:
- Develop strategies to push out positive juvenile detention center news
- Celebrate the wins to boost morale and affirm accomplishments
- Highlight dedicated detention center staff and success stories
- Enhance chief judge awareness and understanding of detention center issues
The links below contain recent accounts of key detention center accomplishments:
Much can be accomplished through stakeholder teamwork and creating effective channels of communication. The Task Force is grateful for the opportunity to offer recommendations to strengthen detention center practices. The Task Force is also encouraged by the Court’s emphasis on changing the trajectory of court involved youth by providing support so they may develop individual talents and realize their potential as they transition to emerging adults.
“We cannot all do great things, but we can do small things with great love, and together, we can do something wonderful.”- Mother Teresa
* PREA (2003) is a federal act that requires youth in detention be free from sexual abuse, sexual harassment, and sexual misconduct. Facilities that detain youth nationwide are to be certified PREA compliant. Per AOIC standards each facility is to initiate PREA audit process by January, 2027. (Source- AOIC)