People v. Stocke

571 N.E.2d 192, 212 Ill. App. 3d 547, 156 Ill. Dec. 605, 1991 Ill. App. LEXIS 678
CourtAppellate Court of Illinois
DecidedApril 23, 1991
Docket5-90-0405
StatusPublished
Cited by10 cases

This text of 571 N.E.2d 192 (People v. Stocke) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Stocke, 571 N.E.2d 192, 212 Ill. App. 3d 547, 156 Ill. Dec. 605, 1991 Ill. App. LEXIS 678 (Ill. Ct. App. 1991).

Opinion

JUSTICE WELCH

delivered the opinion of the court:

On December 22, 1989, defendant, Tyson W. Stocke, was charged with driving too fast for conditions, a violation of section 11 — 601(a) of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, par. 11—601(a)), as a result of a vehicle collision in which several individuals were seriously injured. On May 15, 1990, following a bench trial before the circuit court of White County, the defendant was found guilty as charged. Defendant waived a presentence investigation report and, following a sentencing hearing on June 7, 1990, he was sentenced. The sentencing order was modified on July 5, 1990, following defendant’s motion to reconsider. Defendant appeals the sentence.

Defendant was placed on conditional discharge for six months. One of the conditions of his discharge is that he serve a period of 75 days’ home confinement within the interior of his parents’ home except to go to work, to seek medical or dental treatment, to report to his probation officer, or as his probation officer directs. Defendant was also sentenced to serve 15 hours of community service in the form of preparing a speech about the disastrous effect of driving a motor vehicle too fast for conditions and presenting it to driver’s education classes throughout the school district. Finally, defendant was ordered to pay cash restitution in the amount of $95,309.04 to the three individuals in the vehicle he struck who were seriously injured. The amount of restitution was to be reduced by the amount paid to the victims by the defendant or by any person on behalf of defendant, including any insurance proceeds the victims may receive on account of the accident or by virtue of any court actions.

At the time of the sentencing hearing, defendant was 18 years of age. He had finished his third year of special education classes at his high school but did not have enough credits to be considered a senior. He was working at a summer job earning minimum wage and had no assets to speak of. There is no evidence that defendant had any past criminal history, or any prior traffic offenses. Defendant’s father worked as a mail carrier, his mother as a beautician. Defendant lived with his mother and father.

Defendant presents several issues on appeal: (1) whether a sentence to home confinement is proper as a condition of conditional discharge for a petty offense; (2) whether the order of restitution was proper; (3) whether requiring defendant to present speeches to driver’s education classes was an abuse of the trial court’s discretion; and (4) whether the sentence as a whole was too severe and therefore an abuse of the trial court’s discretion. We will address the issues seriatim.

Defendant’s first argument is that home confinement is not a proper sentence upon conviction of a petty offense because it amounts to imprisonment, a sentence not authorized by the Unified Code of Corrections (Ill. Rev. Stat. 1989, ch. 38, par. 1001—1—1 et seq.) for a petty offense. Defendant argues that, although home confinement is specifically authorized as a condition of conditional discharge, the legislature did not intend for it to be available in the case of a petty offense. Defendant argues that home confinement was made available as a sentencing alternative as a less expensive method of confining a defendant who was already eligible for a jail sentence. Defendant also argues that to make home confinement available as a sentence for a petty offense increases the penalty for a petty offense because home confinement is tantamount to imprisonment. Defendant argues the legislature never contemplated such a result and certainly never intended such a result.

The State agrees that driving too fast for conditions is a petty offense and that imprisonment is not available as a sentencing option for a petty offense. The State argues, however, that conditional discharge is an appropriate sentence for one convicted of a petty offense, and that home confinement is specifically authorized as a condition of conditional discharge. Furthermore, home confinement is not the equivalent of imprisonment or incarceration.

Section 5 — 5—3(c)(5) of the Unified Code of Corrections sets forth the authorized dispositions upon conviction of a petty offense. The court may sentence an offender convicted of a petty offense to a period of conditional discharge, to a fine, or to make restitution to the victim. (Ill. Rev. Stat. 1989, ch. 38, par. 1005—5—3(c)(5).) The period of conditional discharge is not to exceed six months in the case of a petty offense. (Ill. Rev. Stat. 1989, ch. 38, par. 1005—6—2(b)(4).) Section 5—6—3 of the Code sets forth the permissible conditions of conditional discharge. Among the conditions permitted but not required is that a defendant serve a period of home confinement. (Ill. Rev. Stat. 1989, ch. 38, par. 1005—6—3(b)(10).) This condition was added to section 5 — 6—3 by the passage of Public Act 81 — 1021, effective in 1979.

The language of section 5 — 6—3 does not limit the availability of the condition of home confinement to misdemeanants or felons. However, defendant argues that the condition is so limited by implication because home confinement is the equivalent of imprisonment, imprisonment is not an authorized penalty for a petty offense, and the legislature did not intend to increase the penalty for petty offenses by passage of Public Act 81 — 1021.

We agree with defendant that the legislature did not intend, by passage of Public Act 81 — 1021, to increase the penalty for petty offenses. However, we do not agree with defendant that home confinement is the equivalent of imprisonment. To the contrary, we think it is quite different from imprisonment and that it is authorized as a penalty for petty offenses by the Unified Code of Corrections.

In People v. Ramos (1990), 138 Ill. 2d 152, 159, 561 N.E.2d 643, 647, our supreme court held that home confinement is not the equivalent of incarceration:

“Home confinement, though restrictive, differs in several important respects from confinement in a jail or prison. An offender who is detained at home is not subject to the regimentation of penal institutions and, once inside the residence, enjoys unrestricted freedom of activity, movement, and association. Furthermore, a defendant confined to his residence does not suffer the same surveillance and lack of privacy associated with becoming a member of an incarcerated population.”

Although Ramos dealt with whether a defendant should receive credit against his sentence of imprisonment for time spent while on bail but subject to home confinement, we think the court’s reasoning applies equally to the case at bar. Home confinement simply is not the equivalent of imprisonment. See also People v. Denning (1990), 204 Ill. App. 3d 720, 562 N.E.2d 354.

In the instant case, defendant may leave his residence to go to his employment, he may eat and drink what and when he pleases, and, within the confines of his home, may associate with whomever, whenever, he pleases. He is not under guard and, other than not being able to leave his home for purposes of entertainment or personal pleasure, may live a normal life.

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Bluebook (online)
571 N.E.2d 192, 212 Ill. App. 3d 547, 156 Ill. Dec. 605, 1991 Ill. App. LEXIS 678, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-stocke-illappct-1991.