People v. Clark, 90 N.E.3d 474

Elizabeth Clark pleaded guilty to burglary and unlawful use of a debit card and was on recognizance bond with substance-abuse treatment and halfway-house placement as conditions.
Bond conditions required her, upon discharge from the halfway house, to "immediately return to the custody of Whiteside County Jail" via the most direct route.
On June 5, 2014, Clark left the halfway house and did not immediately report to the jail; a warrant issued and she surrendered June 16.
The State charged Clark with escape under 720 ILCS 5/31-6(a) for failing to report to the penal institution.
At a stipulated bench trial the court found Clark guilty of escape and sentenced her to 30 months’ probation; Clark appealed challenging whether she was "in custody" for escape.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Clark was guilty of escape under section 31-6(a) for failing to report to jail after halfway-house discharge	Clark’s failure to return to jail as ordered satisfied the statute’s "fails to report" language and thus was escape	Clark was released on recognizance/bail and therefore not in "custody," an element required for escape	Reversed: Clark was not in custody while on recognizance bond; State failed to prove escape beyond a reasonable doubt

People v. Campa, 217 Ill. 2d 243 (2005) (custody requires analysis of physical or constructive restraint; defendants on bail generally not in custody)
People v. Tillery, 141 Ill. App. 3d 610 (1986) (defendant released to treatment under light restrictions was not in custody)
People v. Simmons, 88 Ill. 2d 270 (1981) (failure to return from day release can constitute escape where legal custody by corrections continues)
People v. Hunt, 234 Ill. 2d 49 (2009) (defendants released on bail are not in law enforcement custody)
People ex rel. Morrison v. Sielaff, 58 Ill. 2d 91 (1974) (bail is security for release; time on bail is not custody)