Original petition for mandamus.
MR. JUSTICE KLUCZYNSKI DELIVERED THE OPINION OF THE COURT:
These are three consolidated cases in which judges of the circuit court of Cook County held unconstitutional section 5-12 of the Juvenile Court Act (Ill. Rev. Stat., 1979 Supp., ch. 37, par. 705-12) and denied the State's petitions to proceed thereunder. We granted the State's petitions for leave to file original petitions for writs of mandamus. (See 73 Ill.2d R. 381; Ill. Const. 1970, art. VI, sec. 4(a).) For the reasons which follow, the petitions are granted, and the writs shall issue.
On October 31, 1979, section 1 of Public Act 81-1104 became law and simultaneously went into effect. The law, which added section 5-12 to the Juvenile Court Act (Ill. Rev. Stat. 1979, ch. 37, par. 701-1 et seq.) is commonly referred to as the Habitual Juvenile Offender Act and provides as follows:
"(a) Any minor having been twice adjudicated a delinquent minor for offenses which, had he been prosecuted as an adult, would have been felonies under the laws of this State, and who is thereafter adjudicated a delinquent minor for a third time shall be adjudged an Habitual Juvenile Offender where:
1. the third adjudication is for an offense occurring after adjudication on the second; and
2. the second adjudication was for an offense occurring after adjudication on the first; and
3. the third offense occurred after January 1, 1980; and
4. the third offense was based upon the commission of or attempted commission of the following offenses: murder, voluntary or involuntary manslaughter; rape or deviate sexual assault; aggravated or heinous battery involving permanent disability or disfigurement or great bodily harm to the victim; burglary of a home or other residence intended for use as a temporary or permanent dwelling place for human beings; home invasion; robbery or armed robbery; or aggravated arson.
Any minor adjudged an Habitual Juvenile Offender shall be committed to the Department of Corrections until his 21st birthday, without possibility of parole, furlough, or non-emergency authorized absence from confinement of any sort. Provided, however, that the minor shall be entitled to earn one day of good conduct credit for each day served as reductions against the period of his confinement. Such good conduct credits shall be earned or revoked according to the procedures applicable to the allowance and revocation of good conduct credit for adult prisoners serving determinate sentences for felonies.
For purposes of determining good conduct credit commitment as an Habitual Juvenile Offender shall be considered a determinate commitment, and the difference between the date of commitment and the minor's 21st birthday shall be considered the determinate period of his confinement.
Any minor prosecuted as an Habitual Juvenile Offender shall have a right to trial by jury.
Nothing in this section shall preclude the States Attorney from seeking to prosecute a minor as an adult as an alternative to ...