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In re K.S.

December 29, 2004

IN RE K.S., AN ALLEGED DELINQUENT MINOR
THE PEOPLE OF THE STATE OF ILLINOIS, PETITIONER-APPELLEE,
v.
K.S., RESPONDENT-APPELLANT.



Appeal from the Circuit Court of Jefferson County. No. 03-JD-13. Honorable George W. Timberlake, Judge, presiding.

The opinion of the court was delivered by: Justice Welch

UNPUBLISHED

The respondent, K.S., was found to be a delinquent minor based upon her admissions of guilt for two misdemeanor thefts (720 ILCS 5/ 16-1(b)(1) (West 2002)). She was placed on probation, and her probation was subsequently revoked. She was placed in the Illinois Department of Corrections, Juvenile Division, until her twenty-first birthday. On appeal, the respondent contends that the judgment must be corrected because she has been placed in the Department of Corrections (DOC) for a longer period of time than that an adult would have to serve for committing the same offenses. She also contends that she is entitled to an as-yet-undetermined number of days' credit toward her placement in the DOC. The State confesses error on the first issue and responds that this court should modify the trial court's dispositional order to show that she has been placed in the DOC for a period not to exceed 364 days.

On February 25, 2003, a petition for an adjudication of wardship was filed. It alleged two counts of misdemeanor theft.

On April 28, 2003, the respondent admitted the allegations contained in the juvenile petition, and the court found her to be a delinquent minor, made her a ward of the court, and placed her on 18 months' probation.

On November 25, 2003, a petition to revoke probation was filed. It alleged that the respondent violated school rules by leaving school without authority on November 24, 2003.

On April 12, 2004, another petition to revoke probation was filed. It alleged that the respondent was not in the place where she was supposed to be.

On April 26, 2004, the respondent admitted the allegations contained in each of the petitions to revoke probation, and for each petition the court found that she had violated her probation. The court set May 10, 2004, for the entry of a dispositional order.

On May 10, 2004, the respondent, age 16, was placed in the DOC "for an indeterminate term."

On appeal, the respondent initially contends that the judgment must be corrected because she has been placed in the DOC for a longer period of time than that an adult would have to serve for committing the same offenses. The State responds that this court should modify the trial court's dispositional order to show that the respondent has been placed in the DOC for a period not to exceed 364 days.

The minor relies on her construction of section 5-710(7) of the Juvenile Court Act of 1987 (the Act) (705 ILCS 405/5-710(7) (West 2002)). Section 5-710(7) provides:

"In no event shall a guilty minor be committed to the Department of Corrections, Juvenile Division[,] for a period of time in excess of that period for which an adult could be committed for the same act." 705 ILCS 405/5-710(7) (West 2002).

We agree with the minor that the plain language of section 5-710(7) prohibits the commitment of a juvenile offender to the DOC for a period greater than the maximum adult sentence for the same offense. See In re C.L.P., 332 Ill. App. 3d 640, 644, 773 N.E.2d 188, 190 (2002).

In this case, the minor admitted committing misdemeanor theft, a Class A misdemeanor (720 ILCS 5/16-1(b)(1) (West 2002)). The maximum period of incarceration for an adult who commits a Class A misdemeanor is 364 days. 730 ILCS 5/5-8-3(a)(1) (West 2002). Therefore, under section 5-710(7), the maximum period for which the trial court could commit the minor to the ...


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