People v. W.J.

The issue before us today is not one of first impression, as the courts in In re R.L., 282 Ill. App. 3d 839, 668 N.E.2d 70 (1996), and In re J.E., 282 Ill. App. 3d 794, 668 N.E.2d 1052 (1996), have interpreted the transfer statute as requiring a proceeding independent of the detention proceeding. The majority embrace this statutory analysis, rejecting the State’s argument that a determination of probable cause in the detention hearing constitutes probable cause in the transfer hearing, and I concur with this portion of the majority’s opinion. However, the majority then hold the detention…