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In Re R.l.l.

OPINION FILED MAY 12, 1982.

IN RE R.L.L., A MINOR. — (THE PEOPLE OF THE STATE OF ILLINOIS, PETITIONER-APPELLANT,

v.

R.L.L., RESPONDENT-APPELLEE.)



APPEAL from the Circuit Court of Cumberland County; the Hon. JAMES R. WATSON, Judge, presiding.

JUSTICE LONDRIGAN DELIVERED THE OPINION OF THE COURT:

R.L.L., a minor, was arrested on May 1, 1981, and charged with the murder of Veva Dengler, his foster mother. A detention hearing was held on May 4, 1981. A statement made by the minor after his arrest in Dyersburg, Tennessee, was admitted into evidence. In the statement, the minor is quoted as saying:

"[S]he [Mrs. Dengler] finally got me mad on that day and * * * I went in and I took a friend's knife and I went into the bedroom * * * she was laying there asleep. And I stabbed her twice. And she got up and screamed * * *. And I ran over, I took her purse and I ran outside and I got in the car and I took off."

When asked why he had become angry with Mrs. Dengler, R.L.L. stated:

"[W]e were almost constantly arguing the whole time I lived there and she wouldn't listen to what I was trying to say to her. She wouldn't let me explain to her, if I done something * * * that I didn't mean to do * * * she'd * * * yell at me, and I tried to explain to her and she wouldn't listen to me. And, finally it just built up * * *. [I]t just kept building up and building up and then I finally * * * I just went crazy."

At the conclusion of the detention hearing, the trial court ordered the minor detained pending adjudication. The State also filed a motion seeking to have R.L.L. tried as an adult pursuant to section 2-7(3)(a) of the Juvenile Court Act (Ill. Rev. Stat. 1979, ch. 37, par. 702-7(3)(a)).

A hearing on the motion was held on December 16, 1981. Luke Holsapple, sheriff of Cumberland County, testified regarding the details of the homicide and the subsequent apprehension of the minor. The State then called Michael Hughes, the chief probation officer of Coles and Cumberland counties. He stated that no secure facilities, other than the county jails, existed in the two counties in which a juvenile adjudicated delinquent as a result of a homicide offense could be held.

The prosecution then asked Hughes to state his opinion as to the facility or agency that would best serve the needs of a minor adjudicated delinquent for committing a homicide offense. At this point, the following exchange took place:

"A. If I understand the question correctly, first of all state in my opinion — and this would be in the form of social history investigation or pre-sentence investigation — in my opinion probation would not be a suitable disposition in the case due to the fact that we do not offer any secure settings to begin with or during the course of probation.

Q. Thank you. I don't mean to cut you off, but you have answered the question. Mr. Hughes, do you — are you aware of any facilities that are available for the type of detention or type of supervision of which you speak?

A. In Coles/Cumberland Counties, or the surrounding counties to my knowledge, there are no facilities that offer that type of environment, other than the department of corrections facilities in the northern part of the State.

Q. And that is the Illinois Department of Corrections?

A. Yes.

Q. Is there a particular division that would be able ...


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