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People v. Campa10/1/2004
Following a bench trial, defendant, Benjamin Campa, was found guilty of driving under the influence of alcohol (625 ILCS 5/11-501(a)(2) (West 2000)), driving without a license (625 ILCS 5/6-101 (West 2000)), and operating an uninsured motor vehicle (625 ILCS 5/3-707 (West 2000)). The trial court sentenced defendant to 24 month's supervision and fined defendant a total of $555. Defendant appeals contending, inter alia, that the trial court erred when it denied his petition for discharge based on a violation of the speedy-trial provision of section 103-5 of the Code of Criminal Procedure of 1963 (the Code) (725 ILCS 5/103-5 (West 2000)) because the trial court incorrectly held that he was not "in custody" while participating in the Cook County sheriff's day reporting program. We reverse.
BACKGROUND
The relevant facts are not in dispute. Defendant was arrested on August 19, 2001. The record is unclear, but he was apparently placed on electronic home monitoring shortly after his arrest. The parties do not dispute that defendant was "in custody" for a period of 15 days while on electronic home monitoring. On September 5, 2001, defendant signed a document entitled "Agreement Governing Transfer to the Day Reporting Center." The agreement provided:
"This document constitutes an agreement between the above named participant, who has been released under the Cook County Department of Corrections administrative furlough, and the Department of Community Supervision and Intervention, Day Reporting Program. The agreement specifies the terms and conditions by which the undersigned is released to the Day Reporting Program.
PROGRAM CONDITIONS
Report to the DRC as scheduled.
Shall not leave the State of Illinois without permission of the court.
Attend all portions of the DRC program as determined and abide by program rules.
Attend all scheduled court dates and inform DRC personnel of any changes in dates or court status.
Submit to urinalysis as scheduled and participate in outpatient and/or residential drug and alcohol counseling/treatment as determined.
Report any changes in address and living arrangements within 24 hours.
If employed or in school, attend as reported.
Upon request of DRC personnel, furnish proof of school and/or employment, if applicable.
Notify DRC personnel immediately of any new arrests or outstanding warrants.
Refrain from use of alcohol and/or illicit substances.
Refrain from possessing a firearm or other dangerous weapons.
I have read or have had the above conditions read and explained to me and understand them. I understand that I am under the supervision of the DCSI Day Reporting Center as a condition of my release under administrative furlough and agree to abide by all DRC conditions and rules. I understand that my failure to comply with the above and any additional conditions shall result in the revocation of this agreement and return to the Cook County Department of Corrections."
*2 Before trial, defendant petitioned for discharge arguing that he was "in custody" and that more than 120 days had elapsed. The State responded, arguing that participation in the day reporting program was no different from being out on bond. The trial court held that defendant was not "in custody" within the meaning of the Code's speedy-trial provision and denied the petition for discharge. Defendant was subsequently tried and convicted. The State does not contest defendant's calculation that 157 days, not attributable to him, elapsed before trial.
In a posttrial motion, defendant again raised his speedy-trial challenge to his conviction. The trial court again held that defendant was not in custody. Defendant requested the trial court to make a finding regarding whether defendant was released on bail or recogn
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