People v. Rodney H.

Chief Justice Thomas and Justices Freeman, Kilbride, Garman, Karmeier, and Burke concurred in the judgment and opinion.

OPINION

In this direct appeal, the State challenges the circuit court of Cook County’s order declaring section 5 — 710(l)(a)(iv) of the Juvenile Court Act of 1987 (see 705 ILCS 405/5 — 710(l)(a)(iv) (West 2004)) and section 5(1) of the Children and Family Services Act (see 20 ILCS 505/5(1) (West 2004)) unconstitutional under the proportionate penalties clause of the Illinois Constitution (see Ill. Const. 1970, art. I, §11). For the reasons that follow, we reverse and remand.

BAC…