People v. Clark
2017 IL App (3d) 140987
| Ill. App. Ct. | 2017Background
- Elizabeth Clark pled guilty to burglary and unlawful use of a debit card and received probation with drug-treatment conditions; probation was later revoked and reinstated with additional jail time.
- Clark was released on a $50,000 recognizance bond to attend inpatient substance-abuse treatment and, after completion, was ordered to enter an extended residential halfway house as a bond condition.
- The modified bond allowed Clark limited leave for work, medical needs, and 12-step meetings and required that upon discharge from the halfway house she "immediately return to the custody of Whiteside County Jail."
- On June 5, 2014, Clark left the halfway house and failed to report immediately to the jail; a warrant was issued and she surrendered ten days later.
- The State charged Clark with escape under 720 ILCS 5/31-6(a) for failing to report to the penal institution; the trial court found her guilty and sentenced her to 30 months’ probation.
- Clark appealed, arguing the State failed to prove she was "in custody," a prerequisite for escape.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to report from the halfway house constituted "escape" under §31-6(a) | Clark’s failure to return as ordered satisfied the statute’s failure-to-report language | Clark was not in custody while on recognizance/bail and thus could not commit escape | Reversed — defendant was not in custody, so the State failed to prove escape |
Key Cases Cited
- People v. Patterson, 217 Ill.2d 407 (statutory construction and proof beyond a reasonable doubt principles)
- People v. Campa, 217 Ill.2d 243 (custody includes physical and constructive restraint; release on bail is not custody)
- People ex rel. Morrison v. Sielaff, 58 Ill.2d 91 (bail = security for release; time on bail is not custody)
- People v. Ramos, 138 Ill.2d 152 (time released on bail is not custody for presentence credit)
- People v. Tillery, 141 Ill. App.3d 610 (defendant in treatment under light restrictions was not in custody)
- People v. Freeman, 95 Ill. App.3d 297 (minimal restrictions in treatment program meant no custody)
- People v. Hunt, 234 Ill.2d 49 (defendants released on bail are not in law-enforcement custody)
- People v. Simmons, 88 Ill.2d 270 (day-release failure-to-return can be escape when legal custody continues)