People v. Clark

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Clark pled guilty to charges of burglary and unlawful use of a credit card and was released on bond pending the imposition of sentence. While awaiting sentencing, Clark was found guilty of violating 720 ILCS 5/31-6(a) for knowingly failing to report to the Whiteside County Jail after leaving a substance abuse treatment center, as required by her bail bond. Section 31-6(a) has two independent clauses: one contains an escape from custody provision and the other contains a knowing failure to report provision. The appellate court found that Clark's failure to report did not constitute an escape because she was not in custody while on bond awaiting sentencing. The Illinois Supreme Court reinstated the judgment of the circuit court. The plain and unambiguous language of the knowing failure to report provision of section 31-6(a) does not contain a “custody” element; the statute is violated when two elements are proved: a person is convicted of a felony, and the person knowingly fails to report to a penal institution or to report for periodic imprisonment. View "People v. Clark" on Justia Law