Monday, March 10, 2014

Trial Court Not Authorized under the Juvenile Court Act to Sentence Minor to County Jail

In re B.P.D., 2014 IL APP(3d) 120781

     In 2007 the minor was found by a trial court to be delinquent; that is, in violation of a criminal law.  The trial court sentenced the 15 year-old minor to 5 years' probation. In 2012 the State filed a petition alleging that minor had violated the terms of his probation.  (Minor is now 20 years old.)  The trial court revoked minor's probation and sentenced him to 5 days in the county jail.
     The appellate court found that the Juvenile Court Act, specifically 705 ILCS 405/5-710, allows a trial court to sentence a minor to juvenile detention not to exceed 30 days.  Further, when a minor's probation is revoked, he or she can only be sentenced to terms available to the court at the original sentencing.  Therefore, the appellate court held that the trial court did not have authority to sentence the minor to county jail.  The sentence was vacated.