People v. Clark
2017 Ill. App. LEXIS 682
| Ill. App. Ct. | 2017Background
- Elizabeth Clark pleaded guilty to burglary and unlawful use of a debit card and was sentenced to probation with drug-treatment conditions; probation was later revoked and reimposed with additional jail time.
- Clark was released on a $50,000 recognizance bond to attend inpatient substance-abuse treatment and then to enter an extended residential-care halfway house as a bond condition.
- Modified bond terms allowed limited unsupervised departures from the halfway house (work, medical needs, 12-step meetings) and required Clark to "immediately return to the custody of Whiteside County Jail" upon discharge.
- On June 5, 2014, Clark left the halfway house and did not immediately report to the county jail; a warrant was issued and she surrendered 11 days later.
- The State charged Clark with escape under 720 ILCS 5/31-6(a) for failing to report; after a stipulated bench trial the court found her guilty and sentenced her to 30 months’ probation.
- On appeal the question was whether Clark was "in custody" such that her failure to report constituted the offense of escape.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Clark committed escape by failing to report to jail after halfway-house discharge | Clark’s failure to return was a statutory "failure to report"/escape under 31-6(a) because bond required immediate return to custody | Clark was released on recognizance/bail and not in custody; escape requires the defendant to be in custody | Reversed: defendant was not in custody while on recognizance and thus State failed to prove escape beyond a reasonable doubt |
Key Cases Cited
- People v. Campa, 217 Ill. 2d 243 (Ill. 2005) (custody includes physical and constructive custody; bail release is not custody)
- People v. Tillery, 141 Ill. App. 3d 610 (Ill. App. Ct. 1986) (defendant released to treatment on recognizance not in custody given light restrictions)
- People v. Simmons, 88 Ill. 2d 270 (Ill. 1981) (failure to return from day release can constitute escape where legal custody remains)
- People v. Hunt, 234 Ill. 2d 49 (Ill. 2009) (defendants released on bail/recognizance are no longer in law-enforcement custody)