Appeal from Circuit Court of Adams County No. 09JD16 Honorable John C. Wooleyhan, Judge Presiding.
The opinion of the court was delivered by: Justice Pope
JUSTICE POPE delivered the judgment of the court, with opinion. Justices Steigmann and Knecht concurred in the judgment and opinion.
¶ 1 In April 2009, the Adams County circuit court adjudicated respondent, Christopher P. (born April 7, 1994), a delinquent minor pursuant to the Juvenile Court Act of 1987 (Juvenile Act) (705 ILCS 405/1-1 to 7-1 (West 2008)) on the grounds he committed the offense of theft of property not exceeding $300 in value, a Class A misdemeanor (720 ILCS 5/16-1(a)(1)(A), (b)(1) (West 2008)). In May 2009, the court sentenced respondent to a year's probation with conditions including successful completion of the Adams County Juvenile Detention Center treatment program (Treatment Program). After his release from the Treatment Program, the court revoked respondent's probation twice. In September 2009, the trial court revoked respondent's probation a third time and resentenced him to the Department of Juvenile Justice (Department). The court denied respondent's request for presentencing credit for time spent in the Treatment Program from May 18, 2009, to September 11, 2009, a total of 117 days.
¶ 2 Respondent appeals, arguing the trial court erred when it denied sentencing credit for time spent in the Treatment Program. Specifically, respondent argues (1) the Treatment Program qualifies as "custody" for sentencing credit purposes; (2) the distinctions from Adams County Juvenile Detention Center (Detention Center) residents----namely (a) assignment to a "treatment coordinator," (b) "privileges" of chores, (c) supervised outings, and (d) home visits----do not affect Treatment Program residents' custody status; (3) the Juvenile Act requires they be awarded credit for time spent in custody; and (4) the Treatment Program is unauthorized "detention" beyond the 30-day limit in the Juvenile Act (705 ILCS 405/5-710(1)(a)(v) (West 2008)).
¶ 3 The State responds (1) respondent's appeal is moot; (2) respondent is attempting to appeal his underlying probation order; (3) respondent is not entitled to sentencing credit because the court's September 2010 order was a "temporary" commitment to the Department; and (4) respondent does not show the Treatment Program was not a "county juvenile impact incarceration program" (55 ILCS 5/3-6039(f) (West 2008)).
¶ 4 We agree respondent is entitled to sentencing credit for time spent in the Treatment Program as it is "custody" within the meaning of section 5-8-7(b) of the Unified Code of Corrections (Unified Code) (730 ILCS 5/5-8-7(b) (West 2008) (now 730 ILCS 5/5-4.5-100(b) (West 2010) (eff. July 1, 2009))); and we reverse and remand with directions to accord him sentence credit for time served in the Treatment Program. We conclude we are without jurisdiction to reach respondent's contention that time served in the Treatment Program is unauthorized "detention." We affirm in part, reverse in part, and remand with directions.
¶ 6 On March 25, 2009, the State filed a petition for adjudication for wardship of respondent pursuant to section 5-105 of the Juvenile Act (705 ILCS 405/5-105 (West 2008)) on the grounds he committed theft (720 ILCS 5/16-1(a)(1)(A) (West 2008)) on November 24, 2008. Respondent had been under informal supervision but the petition was filed based on his lack of progress. In April 2009, respondent admitted the allegations contained in the March 2009 delinquency petition. According to the factual basis, respondent took a coat that did not belong to him from another student's locker at Quincy Junior High School. The school dean observed respondent wearing the coat and respondent admitted he took the coat from another student's locker. In May 2009, the trial court held the first sentencing hearing. A social investigation report (SIR) pursuant to section 5-701 of the Juvenile Act (705 ILCS 405/5-701 (West 2008)) was introduced. The court placed respondent on one year's probation and ordered him to complete the Treatment Program and serve 30 days' home confinement and 30 days (stayed) in the Detention Center. The court ordered respondent to complete the Treatment Program under section 5-715(2)(e) of the Juvenile Act, which permits the court to order a minor "as a condition of probation *** [to] attend or reside in a facility established for the instruction or residence of persons on probation" (705 ILCS 405/5-715(2)(e) (West 2008)).
¶ 7 Respondent participated in the Treatment Program for 117 days from May 18, 2009, to September 11, 2009. According to the record, while in the Treatment Program, respondent received room confinement on at least nine occasions. One such confinement was for 24 hours. Additionally, respondent completed at least two home visits while in the Treatment Program, but the record is unclear as to the length and whether there were subsequent visits.
¶ 8 After respondent's release from the Treatment Program, the State filed supplemental petitions alleging probation violations. In November 2009, the State filed a first supplemental petition; and in December 2009, by agreement of the parties, the trial court ordered respondent to complete substance-abuse treatment at the Gateway Foundation (Gateway) in Springfield, Illinois. In April 2010, the State filed a second supplemental petition, alleging respondent violated his probation by running away from Gateway on April 6, 2010. In May 2010, the trial court extended respondent's probation until November 2010 and ordered 30 days' home confinement.
¶ 9 In August 2010, the State filed a third supplemental petition, alleging respondent violated his probation by committing criminal trespass to property (720 ILCS 5/21-3(a)(2) (West 2010)). Respondent admitted violating probation. In September 2010, the trial court held a third sentencing hearing. The trial court sentenced respondent to the Department, explaining this was "for evaluation purposes for him to complete a psychiatric and psychological examination" and that he would "be temporarily committed to the [Department] for a period of about 90 days to allow that evaluation to be completed." The court ordered respondent be returned to the court on December 14, 2010. The court credited respondent for time served in custody at the Detention Center as follows: March 25, 2009, to May 12, 2009; December 1, 2009, to December 28, 2009; April 8, 2010, to May 4, 2010; and August 4, 2010, to September 13, 2010.
¶ 10 In October 2010, respondent's counsel filed a motion to reconsider, asserting he was entitled to an additional 7 days' credit for time served in the Detention Center from September 13, 2010, to September 22, 2010, and 117 days' credit for time served in the Treatment Program from May 18, 2009, to September 11, 2009. At the November 2010 hearing on the motion, respondent's counsel argued the Treatment Program was "custody" for sentencing credit purposes and respondent was entitled to 117 days' credit for time spent in the Treatment Program. Counsel argued "regardless of the designation, any treatment center time is time spent in custody."
¶ 11 Based on evidence presented at the motion to reconsider hearing and previously in respondent's case, the Treatment Program is summarized as follows. The Treatment Program is a "90-day behavior modification program" designed "towards helping [residents] avoid future trouble with the law." Probation officers identify Treatment Program residents' individual needs through a Youth Assessment and Screening Instrument (YASI). The probation officer discusses the resident's YASI with the resident's Treatment Program treatment coordinator. Treatment coordinators are also Adams County detention officers and do not have special training or credentials for their Treatment Program duty. Treatment coordinators are assigned to residents on a rotating basis to the next resident ordered to complete the Treatment Program. The Treatment Program programming includes physical recreation and classes. The Treatment Program curriculum materials consist of computer programs, pamphlets, and other materials selected by the treatment coordinator. Treatment Program residents do not have required activities in addition to those of Detention Center residents.
¶ 12 Treatment Program residents are given a target release date, but they may remain in the Treatment Program longer than 90 days if the resident fails to make adequate progress. Treatment Program residents are assessed on a scale of different graded levels from, at least, "A" to "D" with "A" being the highest level. Residents earn points for day-to-day activities and complying with expectations. Treatment Program residents on A and B levels may be permitted to perform chores such as cooking, dish washing, and unloading a truck. Residents who have completed at least six to eight weeks in the program and are on Level B are allowed to participate in a supervised outing (supervised by a treatment coordinator and another Detention Center staff member). Treatment Program residents who, after at least two months, are on Level B are also allowed a home visit. Home visits are to "reintegrate the youth into the family home." A first home visit may last 6 to 8 hours with successive home visits lasting up to 24 to 48 hours. Residents on home visits are required to follow Detention Center rules and regulations. When a resident returns from a home visit, he is subject to a strip search, pat-down search, and urinalysis testing. During the strip search, the juvenile stands in the nude, raises his arms, and spreads his legs to ensure nothing is tucked underneath his genitals. Detention Center residents are not permitted home visits.
¶ 13 Treatment Program residents have the option of community-based mental-health services or a therapist employed by the Detention Center. This therapist is available to other residents who do not have another counselor. Christopher received counseling from the Detention Center therapist.
¶ 14 The Treatment Program is housed in the Adams County juvenile detention center. Detention Center residents are juveniles detained awaiting trial or sentencing on a delinquency petition or sentenced to a period of detention. Treatment Program residents are subject to the same housing conditions as Detention Center residents and are not segregated from them. Residents' rooms are locked and consist of a concrete slab with a mat, a pillow, and a combined sink and toilet. Treatment Program residents attend the same school as and dine together with Detention Center residents. Treatment Program residents wear the same navy blue uniform as the other residents. All residents participate in the same recreational areas as one another. The outdoor area is either walled or fenced and the fence is 50 to 75 feet high and curves in toward the recreational area. Treatment Program minors are not permitted to walk through any door at the Detention Center without permission. The Detention Center is a locked facility, and Treatment Program residents are not freely permitted to leave the Detention Center.
¶ 15 The trial court denied respondent's motion to award credit for 117 days spent in the Treatment Program, May 18, 2009, to September 11, 2009. The ...