Illinois police no longer required to arrest juveniles in domestic violence cases

CHICAGO – Illinois police now have more flexibility when responding to domestic violence cases involving juveniles.

What we know:

A new law ends the long-standing rule that police must arrest juveniles accused of domestic violence.

Instead, officers can now refer them to counseling, family services, or other programs that help address the root of the problem, according to Kane County State’s Attorney Jamie Mosser.

The law, known as Public Act 104-0290, was signed by Gov. JB Pritzker in August. Mosser and State Rep. Matt Hanson led the effort to change the law.

Why it matters:

Since 1986, officers under the Illinois Domestic Violence Act have had to make arrests in nearly every domestic violence case, even when the situation involved a child. The intention was to protect victims and ensure accountability.

Sometimes, however, Mosser said that approach did more harm than good.

“Throughout my career as a prosecutor, I have specialized in domestic violence cases and seen how this behavior is often learned and passed down through generations,” she said in a statement. “Because research shows that young people’s brains are still developing, we must treat them differently from adults. Our Juvenile Justice Center is filled with youth accused of domestic violence, and many of them need counseling or family support, not detention. This law gives officers the flexibility to connect kids and families to the help they need instead of relying on a one-size-fits-all response.”

Rep. Hanson added, “Allowing law enforcement to use discretion in response to juvenile domestic violence situations is overdue, and they now have the ability to help and support young people when diversion is a safe alternative to an arrest.”

What’s next:

The law took effect on Thursday.

Mosser’s office is offering training for police departments across the state to help them learn how to apply the new rules.