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In Re: Darius L., A Minor v. Darius L

September 12, 2012

IN RE: DARIUS L., A MINOR,
THE PEOPLE OF THE STATE OF ILLINOIS, PETITIONER-APPELLEE,
v.
DARIUS L., RESPONDENT-APPELLANT.



Appeal from Circuit Court of Adams County No. 10JD90 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.

OPINION

¶ 1 In November 2010, the Adams County circuit court adjudicated respondent, Darius L. (born July 6, 1995), a delinquent minor pursuant to the Juvenile Court Act of 1987 (Juvenile Act) (705 ILCS 405/1-1 to 7-1 (West 2010)) when he pleaded guilty to retail theft (720 ILCS 5/16A-3(a) (West 2010)), a Class A misdemeanor, and the court sentenced him to a year's probation, including as a condition his successful completion of the Adams County Detention Center treatment program (Treatment Program). After his release from the Treatment Program, the court revoked respondent's probation twice. In September 2011, the trial court revoked respondent's probation a third time and resentenced him to the Department of Juvenile Justice (Department) for an indeterminate period. The court denied respondent's request for sentencing credit for time spent in the Treatment Program from November 16, 2010, to March 18, 2011, a total of 123 days. Additionally, the court did not award credit for time spent in the Adams County Detention Center (Detention Center) from July 12 to July 15, 2011.

¶ 2 Respondent appeals, arguing the circuit 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 Detention Center residents----namely (a) assignment to a detention center officer to work on "areas of concern," (b) "privileges" of chores, (c) supervised outings, and (d) home visits----do not affect Treatment Program residents' custody status; (3) the Juvenile Act requires he 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 2010)).

¶ 3 The State responds (1) respondent's appeal is moot; (2) respondent is attempting to appeal his underlying probation order; and (3) respondent does not show he could be prosecuted for "escape" from the Treatment Program.

¶ 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 5-4.5-100(b) of the Unified Code of Corrections (Unified Code) (730 ILCS 5/5-4.5-100(b) (West 2010)) and 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 as modified, reverse in part, and remand with directions.

¶ 5 I. BACKGROUND

¶ 6 In September 2010, the State filed a petition for adjudication of wardship pursuant to section 5-105 of the Juvenile Act (705 ILCS 405/5-105 (West 2010)) against respondent, alleging that on September 18, 2010, he committed one count of retail theft (first offense), a Class A misdemeanor (720 ILCS 5/16A-3(a) (West 2010)), and one count of theft over $300, a Class 3 felony (720 ILCS 5/16-1(b)(4) (West 2010)). In October 2010, respondent admitted retail theft as alleged in the September 2010 petition and the State dismissed the count of theft over $300. According to the factual basis, respondent took a package of stereo earbuds, valued less than $150, from a Quincy Family Dollar store without paying. In November 2010, the trial court held the initial sentencing hearing. The State introduced a social investigation report (SIR) pursuant to section 5-701 of the Juvenile Act (705 ILCS 405/5-701 (West 2010)). The State recommended respondent complete the Treatment Program and one year of probation. The court sentenced respondent to probation for one year and, as a condition of probation, ordered him to successfully complete the Treatment Program. Additionally, respondent was ordered to serve 30 days' home confinement after release from the Treatment Program and 30 days' (stayed) detention in the Detention Center.

¶ 7 The trial 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 2010)).

¶ 8 Respondent participated in the Treatment Program for 122 days from November 16, 2010, to March 18, 2011. At the February 15, 2011, review hearing, Rollie Thomas, respondent's probation officer, reported respondent was involved with counseling services at Recovery Resources and mental-health counseling at the Treatment Program facility. According to the record, at some time while at the Treatment Program, respondent refused to continue attending substance-abuse treatment at Recovery Resources. The record indicates respondent received a home visit on February 26, 2011, March 4, 2011, March 5, 2011, and March 11, 2011.

¶ 9 According to respondent's Treatment Program report dated April 14, 2011, his areas of concern were identified as "legal history, peer/community relations, and school." Respondent's goals were identified as (1) learning how to pick appropriate peer groups; (2) learning to respect authority figures; and (3) learning to set goals and what it takes to accomplish them. Further, the report shows respondent participated in drug and alcohol education and support groups provided by Addicts Victorious.

¶ 10 After respondent was released from the Treatment Program, the State filed supplemental petitions alleging probation violations. In May and June 2011, the State filed supplemental petitions alleging respondent violated probation terms and on June 6, 2011, the trial court modified the probation terms to place respondent on home confinement until further order of the court. On June 15, 2011, the State filed an amended supplemental petition restating the allegations set forth in the earlier June petition and alleging respondent violated the June 6 court order. At the June 20, 2011, hearing on the June petitions, respondent admitted the allegations contained in the June petitions. At the July 11, 2011, resentencing hearing, the State recommended respondent be resentenced to the Department. Respondent told the court he had a substance-abuse problem. The court amended respondent's probation order to require him to attend substance-abuse treatment at Gateway Foundation (Gateway) in Springfield, Illinois, and extended probation until July 10, 2012, including as a condition 30 days' home confinement once released from Gateway. Respondent remained in the Detention Center until July 15, 2011, when he was transferred to Gateway.

¶ 11 In August 2011, the State filed a third amended supplemental petition alleging respondent was unsuccessfully discharged from Gateway on August 16, 2011, and he failed to remain in home confinement. The same day a hearing was held on the third amended petition, and respondent admitted the allegations set forth in the petition. In September 2011, a third resentencing hearing was held and the court revoked respondent's probation and resentenced him to an indeterminate period of commitment in the Department. The court awarded credit for 122 days served. According to the written judgment, credit was awarded for time spent in the Detention Center as follows: September 18, 2010, to November 15, 2010; June 1, 2011, to June 6, 2011; June 17, 2011, to July 11, 2011; and August 19, 2011, to September 19, 2011. Respondent requested credit for 122 days spent in the Treatment Program from November 17, 2010, to March 18, 2011, but the court denied his request.

¶ 12 In October 2011, respondent filed a motion to reconsider, arguing the trial court erred in not granting credit for time served in the Treatment Program. In January 2012, the court held a hearing on the motion to reconsider. Respondent again argued he should receive credit for time served during the Treatment Program.

¶ 13 In the trial court, the parties stipulated to facts regarding the Treatment Program as follows. The Treatment Program is a 90-day program where the resident "works on areas of concern, such as schooling, appropriately interacting with or responding to authority, [and] drug use." Areas of concern are identified through a Youth Assessment and Screening Instrument (YASI) administered by the resident's probation officer. The detention center officer who works with the resident does not have special training for his or her Treatment Program duty.

ΒΆ 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 who have been sentenced to a period of detention. Treatment Program residents are housed together with Detention Center residents. Residents' rooms 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 with Detention Center residents. Treatment Program residents wear the same uniform as Detention Center residents. All residents participate in the same recreational area as one another. The outdoor recreational area is either walled or fenced and the fence is 50 to 75 feet high and curves in toward the recreational area. ...


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