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In re Ashley C.

Court of Appeals of Illinois, Fourth District

April 2, 2014

In re: ASHLEY C., a Minor, THE PEOPLE OF THE STATE OF ILLINOIS, Petitioner-Appellee,
v.
ASHLEY C., Respondent-Appellant

Appeal from Circuit Court of Livingston County. No. 13JD61. Honorable Jennifer H. Bauknecht, Judge Presiding.

Affirmed.

SYLLABUS

The trial court satisfied the statutory requirements of the Juvenile Court Act in sentencing respondent minor to the Department of Juvenile Justice, especially in view of the fact that the court had exhausted all local resources available for respondent and incarceration was necessary to protect the public; furthermore, the trial court did not err in including the criminal histories of respondent's parents and stepfather, including the information as to their incarceration, in the social history report that was considered in connection with respondent's sentencing, since that information was relevant to the issue of whether respondent could be placed with them as an alternative to being incarcerated. Decision Under

Michael J. Pelletier, Karen Munoz, and Jacqueline L. Bullard, all of State Appellate Defender's Office, of Springfield, for appellant.

Seth Uphoff, State's Attorney, of Pontiac (Patrick Delfino, David J. Robinson, and Anastacia R. Brooks, all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

JUSTICE POPE delivered the judgment of the court, with opinion. Justices Knecht and Steigmann concurred in the judgment and opinion.

OPINION

POPE, JUSTICE

Page 1143

In September 2013, respondent, Ashley C. (born February 4, 1997), entered a plea of guilty to six charges: (1) residential burglary (720 ILCS 5/19-3(a) (West 2012)), (2) two counts of burglary of two separate motor vehicles (720 ILCS 5/19-1(a) (West 2012)), (3) unlawful possession of a stolen or converted vehicle (625 ILCS 5/4-103(a)(1) (West 2012)), and (4) two counts of theft under $500 (720 ILCS 5/16-1(a)(1)(A) (West 2012)). In addition, her admissions to these six offenses served as the basis for petitions to revoke respondent's probation in three other cases, Livingston County case Nos. 11-JD-50, 11-JD-92, and 12-JD-77. In October 2013, the trial court sentenced respondent to the Illinois Department of Juvenile Justice (DOJJ) for an indeterminate term not to exceed respondent's twenty-first birthday. Respondent appeals, arguing (1) her sentencing hearing failed to comport with the statutory requirements for committing minors to DOJJ; (2) the social history report prepared by probation should not have included the criminal histories of her father, mother, and stepfather; and (3) the social history report should not have listed a sentence of secure detention for up to six months for contempt as an available disposition.

We affirm the circuit court's judgment.

I. BACKGROUND

The facts discussed below are gleaned from respondent's brief and the record submitted with this appeal. When respondent was age 14, the State filed a three-count petition (No. 11-JD-50) charging her with two counts of theft of alcohol from Walmart (720 ILCS 5/16A-3(a) (West 2010)) and one count of unlawful consumption of alcohol (235 ILCS 5/6-20(e) (West 2010)), occurring on April 23, 2011. In September 2011, the State filed a petition (No. 11-JD-92) charging respondent with committing two counts of criminal trespass to a motor vehicle on July 23, 2011. 720 ILCS 5/21-2 (West 2010). In December 2011, respondent admitted the charges in both Nos. 11-JD-50 and 11-JD-92 and was placed on probation for two years. Prior to her sentence in these two cases, respondent entered residential substance-abuse treatment at Chestnut Health Systems in Maryville, Illinois. However, on October 21, 2011, just two weeks after beginning treatment, respondent left the program against staff advice. Over the course of 2012, respondent started and/or completed three substance-abuse evaluations. She was discharged unsuccessfully once for missing too many appointments prior to going to detention. She was unable to complete " Teen Group" because she was once again in detention. She completed her fourth evaluation in October

Page 1144

2012, with a recommendation of no further treatment.

The social history report reflects during 2011 respondent was involved with counseling through " Project Oz" due to missing school and family issues. Following her sentence of probation, respondent began mental-health counseling at the Institute for Human Resources (IHR) in January 2012 and continued to receive mental-health treatment through the course of all further delinquency proceedings. Through IHR, respondent became involved with Screening, Assessment, and Support Services (SASS) for the " normal time frame," returning to regular counseling thereafter.

In August 2012, a new petition was filed, Livingston County case No. 12-JD-77, charging respondent with committing burglary of a motor vehicle on July 9, 2012, and an unrelated theft on August 2, 2012. She admitted committing these offenses and was sentenced to a two-year term of probation. While on probation in Nos. 11-JD-50, 11-JD-92, and 12-JD-77, respondent committed the six offenses that are the subject of this appeal.

At the August 2013 detention hearing in the instant case, the State represented on October 14, 2013, in Fairbury, Illinois, respondent entered a Dodge Durango owned by Bradley H. Respondent stated to police at the time she entered the vehicle, she intended to take it. The keys were in the console. She drove the vehicle to Pontiac, Illinois, where she entered a second vehicle, belonging to Amber W. (It should be noted respondent did not have a driver's license.) While inside Amber W.'s vehicle, respondent took a wallet and checkbook belonging to Amber W. Respondent told police she attempted to burglarize another vehicle while in Pontiac.

Respondent then drove back to Fairbury in the Dodge Durango, hitting a vehicle that was in a parking lot. She left the Durango near a church, where it was later found. Through their investigation, the police determined respondent may have stolen the Durango. They went to respondent's residence and found Amber W.'s wallet and the keys to the Durango. In addition, police found a black Hewlett-Packard laptop computer that Levi C. had recently reported stolen from his home. Respondent admitted entering Levi C.'s residence and taking the computer. Respondent was detained. In ...


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