People v. Johnson ( 2016 )

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Appellate Court this document
Date: 2016.02.09
13:20:29 -06'00'
People v. Johnson, 2015 IL App (3d) 140364Appellate Court THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v.
Caption TRACY EUGENE JOHNSON, Defendant-Appellant.
District & No. Third District
Docket No. 3-14-0364
Filed December 23, 2015
Decision Under Appeal from the Circuit Court of Rock Island County, No. 13-CF-591;
Review the Hon. Walter D. Braud, Judge, presiding.
Judgment Vacated and remanded with directions.
Counsel on Michael J. Pelletier and Peter A. Carusona, both of State Appellate
Appeal Defender’s Office, of Ottawa, for appellant.
John L. McGehee, State’s Attorney, of Rock Island (Terry A. Mertel,
of State’s Attorneys Appellate Prosecutor’s Office, of counsel), for the
People.
Panel JUSTICE WRIGHT delivered the judgment of the court, with opinion.
Justices Holdridge and Lytton concurred in the judgment and opinion.
OPINION
¶1 Defendant, Tracy Eugene Johnson, appeals from his burglary conviction, 30-year prison
sentence, and judgment that ordered defendant to the “pay the costs of prosecution herein.” On
appeal, defendant argues that the matter should be remanded with directions for the trial court
to review and correct the recorded judgment for “costs” and enter the correct amount of all
financial charges in a written order supported by statutory authority. We vacate the order for
the “costs of prosecution” and remand with directions.
¶2 FACTS
¶3 Defendant was charged by information with burglary (720 ILCS 5/19-1(a) (West 2012)).
The charging instrument alleged that defendant committed the offense on June 21, 2013. The
case proceeded to a jury trial, and at the conclusion of the trial, the jury found defendant guilty.
¶4 On March 28, 2014, the court sentenced defendant to 30 years’ imprisonment. The court
awarded defendant credit for time spent in presentence custody from June 26, 2013, to March
28, 2014, a total of 276 days. The written judgment also ordered defendant to “pay the costs of
prosecution herein.”
¶5 On April 9, 2014, the circuit clerk entered the judgment for costs in the amount of $409.02.
On April 17, 2014, defendant filed a motion to reconsider his sentence which did not challenge
the judgment of $409.02. On April 25, 2014, after the court denied defendant’s motion to
reconsider his sentence, defendant filed a notice of appeal.
¶6 A payment status information sheet, dated July 16, 2014, is included in the record on
appeal. The payment status sheet contains the following information:
“Clerk 100.00
State’s Atty 50.00
Sheriff 67.02
Court 50.00
Automation 15.00
Violent Crime 20.00
Judicial Security 25.00
Document Storage 15.00
Medical Costs 10.00
Youth Diversion 5.00
Clerk Op Deduction 0.25
Drug Court 4.75
Clerk Op Add-Ons 10.00
State Police Svcs 10.00
State Police Ops 15.00
SA Automation Fee 2.00
Probation Ops Fee 10.00
Total 409.02.”
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¶7 ANALYSIS
¶8 The only issue raised on appeal involves a challenge to the monetary component of
defendant’s sentence. Defendant asks this court to enter a summary order remanding the matter
with direction for the trial court to order any mandated statutory fines and for the circuit clerk
to disclose and name any of those additional costs imposed by the clerk. Defendant also asks
this court to direct the trial court to award the $5-per-day presentence incarceration credit for
eligible fines. 725 ILCS 5/110-14 (West 2014).
¶9 The State opposes a summary remand, in part, because “defendant was ordered to pay
costs” and “there is no indication that any fines were ordered.” Contrary to the State’s
conclusory assertion, the July 16, 2014, payment status information sheet contained in this
record refutes the State’s argument. The payment sheet clearly reveals the following fines were
included in the judgment total of $409.02: $50 court system fund fine (55 ILCS 5/5-1101(c)
(West 2012); People v. Ackerman, 2014 IL App (3d) 120585, ¶ 30 (holding the court systems
fund assessment is a fine)); $20 Violent Crimes Victims Assistance Fund fine1 (725 ILCS
240/10(b)(1) (West 2012); People v. Higgins, 2014 IL App (2d) 120888, ¶ 29 (finding that the
clear language of the statute classifies the Violent Crimes Victims Assistance Fund assessment
as a mandatory fine)); $10 medical costs fine (730 ILCS 125/17 (West 2012); People v.
Jernigan, 2014 IL App (4th) 130524, ¶ 38 (holding that the $10 “Medical Costs” assessment
imposed pursuant to section 17 of the County Jail Act is a fine)); $5 youth diversion fine (55
ILCS 5/5-1101(e) (West 2012); People v. Graves, 235 Ill. 2d 244, 251-54 (2009) (finding that
the youth diversion assessment was a fine despite its statutory label as a fee)); and $5 drug
court fine (55 ILCS 5/5-1101(f) (West 2012); People v. Warren, 2014 IL App (4th) 120721,
¶ 131 (holding the $5 drug court assessment, despite its statutory label as a “fee,” was a fine
because defendant never participated in drug court and, therefore, the fee did not reimburse the
State for the costs of prosecuting defendant)).
¶ 10 The above listed fines may only be imposed by an order of the trial court. Warren, 2014 IL
App (4th) 120721, ¶ 82 (the imposition of fines is a judicial act). The clerk of the court is a
nonjudicial member of the court, and it has no power to levy fines. People v. Shaw, 386 Ill.
App. 3d 704, 710 (2008). A fine imposed by the circuit clerk is void. People v. Larue, 2014 IL
App (4th) 120595, ¶ 56. To date, with reference to monetary sentencing errors, our supreme
court has held that “[a] challenge to an alleged void order is not subject to forfeiture” and may
be raised for the first time in a reviewing court. People v. Marshall, 242 Ill. 2d 285, 302 (2011).
¶ 11 We recognize that correctly calculating the financial component of a felony sentence has
become a very complex process, in part, because the various fines and costs are codified in
several different acts. See People v. Williams, 2013 IL App (4th) 120313, ¶ 25 (observing the
complexity of the fines and fees created by the legislature and providing a reference sheet to
the citation and monetary amount of several fines). In Williams, our respected colleagues from
the Fourth District Appellate Court included an appendix with their opinion for the purpose of
guiding the circuit courts, circuit clerks, prosecutors, and defense attorneys in that district. Id.
¶ 25. Similarly, in this case, we follow the precedent established in Williams and attach our
1
Because defendant’s offense was committed in 2013, the Violent Crime Victims Assistance Fund
fine should be $100.
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own appendix2 concerning fines and costs for the purpose of providing guidance to the trial
courts in the Third District struggling with the same financial sentencing issues.
¶ 12 In conclusion, we vacate the monetary assessments imposed by the clerk in the amount of
$409.02. We remand the matter to the trial court to review and correct the monetary component
of defendant’s sentence and allow the $5-per-day presentence incarceration credit towards the
eligible fines.
¶ 13 CONCLUSION
¶ 14 The judgment of the circuit court of Rock Island County is vacated and remanded with
directions.
¶ 15 Vacated and remanded with directions.
2
The appendix in this case is limited to felony dispositions, other than serious traffic offenses, and
differs from the broader approach of the Fourth District’s appendix in Williams. In addition, the
appendix attached to this opinion contains updated statutory authority, recent case law, and other useful
information which has developed since Williams was published in 2013.
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–
Appendix Mandatory “Add-On” Fines
(for felonies excluding serious traffic offenses)
Fines Eligible for $5 Per Diem Credit
Assessed based on date of offense
1. Discretionary 730 ILCS 5/5-4.5-50(b) Eff. Cannot exceed $25,000 (or amount specified $ Varies*
in statute).
Felony Fine 7/1/09
2. Offense Specific Mandatory Minimum As required by statute when applicable $ Varies*
Fine
3. Expungement 730 ILCS Eff. Shall be added to every criminal sentence $30.00*
and remitted as follows:
Juvenile 5/5-9-1.17(a) 1/1/10
$10 to State Police Services Fund,
Records Fine $10 to State’s Attorney’s Office, and
$10 to Circuit Court Clerk Op. Fund.
Fine- People v. Smith, 2013 IL App (2d)
120691, ¶ 16; People v Larue, 2014 IL App
(4th) 120595, ¶ 56
◊4. Violation of 730 ILCS Eff. $200.00*
Order of 5/5-9-1.16(a) 1/1/09
Protection
Fine
5. Drug-Street 730 ILCS 5/5-9-1.1(a) Eff. Determined by Judge based on evidence. $ Varies*
Fine- People v. Lewis, 234 Ill. 2d 32, 44-45
Value Fine 730 ILCS 1/1/82
(2009)
5/5-9-1.1-5(a) Fine- People v. Bell, 2012 IL App (5th)
100276, ¶ 42
6. Drug-CJIA 730 ILCS 5/5-9-1.1(e) Eff. Fine- People v. Williams, 2014 IL App (3rd) $25.00*
120240, ¶ 14
Projects Fund 730 ILCS 9/11/05
(Drug Task 5/5-9-1.1-5(c)
Force Fund)
7. Drug- 730 ILCS 5/5-9-1.1(f) Eff. 1/1/12-12/31/15 $20; After 12/31/15 $40 $ Varies*
Fine- People v. Williams, 2014 IL App (3rd)
Prescription 730 ILCS 1/1/12
120240, ¶ 14
Pill/Drug 5/5-9-1.1-5(d)
Disposal Fund
8. Drug Trauma 730 ILCS 5/5-9-1.1(b) Eff. Fine- People v. Jones, 223 Ill. 2d 569, 593 $100.00*
(2006)
Center Fund 705 ILCS 105/27.6(c) 7/18/96
Applies to Cannabis, C/S, and Meth
9. Drug 720 ILCS 550/10.3(a) Eff. Fine- People v. Jones, 223 Ill. 2d 569, 588
(2006)
Assessment 720 ILCS 570/411.2(a) 1/1/92
One assessment per case
Fine highest assessment to be applied
Class X $3,000.00*
Class 1 $2,000.00*
Class 2 $1,000.00*
(* Denotes $5 Eligible Fines, ◊ Denotes No Cases to Date)
Class 3 or 4 $500.00*
◊10 Drug- Contr. 720 ILCS Eff. Emergency response = collecting evidence
or securing a site where controlled
$750.00*
. Subst. 570/411.4(b) 1/1/12 First Offense
substances were manufactured – per statute
Manufacture “fine”
Emergency $1,000.00*
Response Fine Second
Offense
◊11 Drug- Meth. 720 ILCS 646/90(c) Eff. Emergency response = collecting evidence
or securing a site where meth was
$2,500.00*
. Manu. Emerg. 1/1/12
manufactured – per statute “fine”
Response Fine
◊12 Drug-Meth 730 ILCS Eff. Meth cases only. $100.00*
. Law 5/5-9-1.1-5(b) 1/1/06
Enforcement
Fine
◊13 Gang Member 730 ILCS 5/5-9-1.19 Eff. $100.00*
. Fine 7/13/10
◊14 Parole Fine 730 ILCS 5/5-9-1.20 Eff. $25.00*
. 8/5/11
15. Domestic 730 ILCS 5/5-9-1.5 Eff. Fine- People v. Pohl, 2012 IL App (2d) $200.00*
100629, ¶ 13
Violence Fine 1/1/05
Local Fines- Eff. Date-date of County Board Resolution
People v. Graves, 235 Ill. 2d 234, 252-55 (2009): Legislature conferred authority for
County Boards to approve certain “fines” for criminal sentences.
16. Court System 55 ILCS 5/5-1101(c) Fine- People v. Smith, 2013 IL App (2d) 120691, $50.00*
¶¶ 17-21; People v. Ackerman, 2014 IL App (3d)
Fine 120585, ¶30; People v. Larue, 2014 IL App (4th)
120595, ¶70
17. Specialty 55 ILCS 5/5-1101(d-5) “On a judgment of guilty or grant of supervision.” $10.00*
Funds Mental Health, Drug, and Veteran’s Court.
Court Fund Fine- People v. Graves, 235 Ill. 2d 244, 255
(2009)
18. Peer Court 55 ILCS 5/5-1101(e) Where Youth Diversion/Peer Court exists. $5.00*
Fine- People v. Graves, 235 Ill. 2d 244, 255
Fund (2009)
19. Drug Court 55 ILCS 5/5-1101(f) Where Drug Court exists $5.00*
Fine- People v. Williams, 2011 IL App (1st)
Fund 091667-B, ¶19; People v. Warren, 2014 IL App
(4th) 120721, ¶129
(* Denotes $5 Eligible Fines, ◊ Denotes No Cases to Date)
20. Children’s 55 ILCS 5/5-1101(f-5) Where Child Advocacy Center exists. as $ amt. per
set by County Board -$5-$30
Advocacy county board
Fine- People v. Jones, 397 Ill. App. 3d 651, 664
Center Fund (1st Dist. 2009); People v. Cameron, 2012 IL *
App (3d) 110020, ¶ 42
◊21 CASA Fund 55 ILCS 5/5-1101(f-10) $10-$30 as set by County Board $ amt. per
. county board
*
◊22 Judicial 55 ILCS 5/5-1101.3 Will and Kane Counties only $25.00*
. Facility Fund
“Add-On” Fines NOT Eligible for $5 Per Diem Credit
23. Medical 730 ILCS Eff. Fine- People v. Larue, 2014 IL App (4th) 120595, $10.00
¶ 57
Costs Fine 125/17 8/14/96
◊24 Domestic 730 ILCS 5/5-9- Eff. 1/1/92 $10.00
. Battery Fine 1.6
◊25 Violation of 730 ILCS 5/5-9- Eff. 1/1/98 Assessed if the protected person is a family member $20.00
. Order of 1.11(a)
Protection
Fine-Family
Member
◊26 UUW 730 ILCS 5/5-9- Eff. Unlawful use of weapon convictions only. $100.00
. Trauma 1.10 7/18/96
Center Fund
27. Sexual 730 ILCS Eff. 1/1/05 Sex and pornography offenses only. $200.00
Fine- People v. Smith, 2014 IL App (4th) 121118,
Offense Fine 5/5-9-1.7(b)(1)
¶¶75-77
28. Sex Offender 730 ILCS 5/5-9- Eff. 6/1/08 Sex and pornography offenses only. $500.00
Fine- People v. Dalton, 406 Ill. App. 3d 158, 164 (2d
Investigation 1.15
Dist. 2010); People v. Smith, 2014 IL App (4th)
Fund Fine 121118, ¶81
◊29 Child Porn. 730 ILCS 5/5-9- Eff. 1/1/08 Child pornography offenses only. $500.00
. Fine 1.14
◊30 Arson Fine 730 ILCS 5/5-9- Eff. Arson offenses only. $500.00
. 1.12(a) 7/10/03
31. Drug Spinal 730 ILCS 5/5-9- Eff. 1/1/02 Applies to Cannabis, Meth, Controlled Subs. $5.00
Fine- People v. Jones, 223 Ill. 2d 569, 599 (2006)
Cord Injury 1.1(c)
(* Denotes $5 Eligible Fines, ◊ Denotes No Cases to Date)
32. Violent 725 ILCS 240/ Every felony conviction & not only violent offenses. $100.00
Crimes before 7/16/12, $4/40 of total eligible fines,
Crime Victim 10(b) or
crimes after 7/16/12, $100
Assist. Fine- People v. Higgins, 2014 IL App (2d) 120888, $__________
¶ 29; _
People v. Dillard, 2014 IL App (3d) 121020, ¶ 11;
People v. Warren, 2014 IL App (4th) 120721,
¶¶ 133-137
33. Criminal 730 ILCS Crimes before 8/12/15 $10/ 40 of total eligible fines; $ Varies
Crimes after 8/12/15 $15/40 of total eligible fines.
Surcharge 5/5-9-1(c)
Fine- People v. Jones, 223 Ill. 2d 560, 582-87 (2006)
34. State’s 55 ILCS Added to every count $ Varies
Downstate: $30 + $2 SA Auto Cost;
Attorney’s 5/4-2002
Cook: $60 + $2 SA Auto Cost;
Costs 55 ILCS Cost- People v. Bradford, 2014 IL App (4th)
5/4-2002.1 130288, ¶ 41; People v. Dalton, 406 Ill. App. 3d 158,
(See Also #44) 164 (2nd Dist. 2010)
35. Public 55 ILCS Cook County Only $2.00
Cost- People v. Bowen, 2015 IL App (1st) 132046,
Defender 5/3-4012
¶ 64
Auto. Cost
Costs NOT Subject to $5 Per Diem Credit–use date of sentencing
36. Bond Cost 725 ILCS 5/110-7(f) Downstate: 10% of Bond Posted $ Varies
Cook: Not more than $100
Cost- People v. Lange, 102 Ill. 2d 225, 228-29 (1984)
37. Clerk Filing Cost- People v. Pohl, 2012 IL App (2d) 100629, ¶¶ 7-9
Cost- People v. Larue, 2014 IL App (4th) 120595, ¶ 66
Cost
(based on 705 ILCS 180,000- 500,000 CF=
size of 105/27.1a(w) $40-$100
county) 705 ILCS 105/27.2(w) 500,000-3,000,000 CF=
$80-$125
705 ILCS 105/27.2a(w) 3,000,000+ CF=
$125-$190
38. Drug Crime 730 ILCS 5/5-9-1.4(b) Caution: Cost- People v. White, 333 Ill. App. 3d 777 (2d $100.00
Dist. 2002); Fine- People v. Williams, 2013 IL App (4th)
Lab Anal. 120313
Cost
◊39 Sheriff 725 ILCS 5/124A-5 Upon conviction for costs of serving arrest warrant and
extradition from other state or county.
$ Actual Cost
. Costs-
Extradition
◊40 Sheriff 55 ILCS 5/4-5001 Costs to bring offender from jail to court. $10 per court
appearance.
$10.00/ Ct
. Costs- App.
(* Denotes $5 Eligible Fines, ◊ Denotes No Cases to Date)
◊41 Court 55 ILCS 5/5-1103 One Cost per felony complaint. $1-$25, as set by county board
resolution.
$ Varies per
. Security County
Caution See People v. Graves, 235 Ill. 2d 244, 252-55 (2009):
(Services) Legislature has conferred authority upon County Boards to Board
Cost approve fines to be imposed as part of criminal sentences Resolution
42. Clerk 705 ILCS . One Cost per felony complaint. $1-$25, as set by county board $ Varies per
resolution.
Automation 105/27.3a(1) County
Cost- People v. Martino, 2012 IL App (2d) 101244, ¶ 30;
Cost Caution See People v. Graves, 235 Ill. 2d 244, 252-55 (2009): Board
Legislature has conferred authority upon County Boards to Resolution
approve fines to be imposed as part of criminal sentences
43. Clerk 705 ILCS One Cost per felony complaint. $1-$25, as set by county board $ Varies per
resolution. $1-$25.
Document 105/27.3c(a) County
Cost- People v. Tolliver, 363 Ill. App. 3d 94, 97 (1st Dist.
Storage 2008). Board
Cost Cost- People v. Martino, 2012 IL App (2d) 101244, ¶ 30 Resolution
Cost- People v. Larue, 2014 IL App (4th) 120595, ¶ 62
44. State’s 55 ILCS 5/4-2002 Downstate: $10 Prelim. Hrg. Cost; $ Varies
$25/ day of trial
Attorney’s 55 ILCS 5/4-2002.1
Cook: $20 Prelim. Hrg. Cost;
Costs (See Also #34) $50/ day of trial
Cost- People v. Dalton, 406 Ill. App. 3d 158, 164 (2nd Dist.
2010)
45. DNA 730 ILCS 5/5-4-3(j) Does not apply if defendant has been ordered to pay DNA Cost $250.00
in a prior case.
Analysis Cost- People v. Johnson, 2011 IL 111817, ¶ 28
Cost
CAUTION: Amounts authorized by Clerks Act without reference in Crim. Code or Code
of Corrections-
46. State Police 705 ILCS Applies only where County has Clerk $ Varies
Automation Cost
Ops. 105/27.3a(1.5) based on
Amount Varies ($0-$15)
Assistance Fine- People v. Moore, 2014 IL App amount of
Fund (1st) 112592-B, ¶ 46 automation
Fine- People v. Wynn, 2013 IL App fund*
(2d) 120575, ¶ 13
Fine- People v Larue, 2014 IL App
(4th) 120595, ¶ 56
47. Probation 705 ILCS Fine or Cost? Caution People v. $10.00 *
Rogers, 2014 IL App 4th 121088, ¶ 39
Ops. Fund 105/27.3a(1.1)
◊48 Arson Burn 705 ILCS 105/27.6(p) Eff. 1/1/16 Arson offenses only. Remitted to
George Bailey Memorial Fund.
$250.00
. Victim Relief
◊49 State Police 705 ILCS 105/27.6(n) Eff. 1/1/13 Any person convicted of a “violation $15.00
of the Criminal Code”.
. Merit Board
Safety Fund
(* Denotes $5 Eligible Fines, ◊ Denotes No Cases to Date)