People v. Johnson

2015 IL App (3d) 140364
Opinion filed December 23, 2015
_____________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
THIRD DISTRICT
A.D., 2015
THE PEOPLE OF THE STATE OF ) Appeal from the Circuit Court
ILLINOIS, ) of the 14th Judicial Circuit,
) Rock Island County, Illinois,
Plaintiff-Appellee, )
) Appeal No. 3-14-0364
v. ) Circuit No. 13-CF-591
)
TRACY EUGENE JOHNSON, ) Honorable
) Walter D. Braud,
Defendant-Appellant. ) Judge, Presiding.
_____________________________________________________________________________
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.
1
¶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
2
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."
¶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 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
3
is a fine)); $20 Violent Crimes Victims Assistance Fund fine 1 (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
1
Because defendant's offense was committed in 2013, the Violent Crime Victims
Assistance Fund fine should be $100.
4
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 own
appendix 2 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.
5
-
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. 7/1/09 Cannot exceed $25,000 (or amount specified in $ Varies*
statute).
Felony Fine
2. Offense Specific Mandatory Minimum Fine As required by statute when applicable $ Varies*
3. Expungement 730 ILCS 5/5-9-1.17(a) Eff. 1/1/10 Shall be added to every criminal sentence and $30.00*
remitted as follows:
Juvenile $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 5/5-9-1.16(a) Eff. 1/1/09 $200.00*
Order of
Protection Fine
5. Drug-Street 730 ILCS 5/5-9-1.1(a) Eff. 1/1/82 Determined by Judge based on evidence. $ Varies*
Fine- People v. Lewis, 234 Ill. 2d 32, 44-45 (2009)
Value Fine 730 ILCS 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. 9/11/05 Fine- People v. Williams, 2014 IL App (3rd) $25.00*
120240, ¶ 14
Projects Fund 730 ILCS 5/5-9-1.1-5(c)
(Drug Task
Force Fund)
7. Drug- 730 ILCS 5/5-9-1.1(f) 730 Eff. 1/1/12 1/1/12-12/31/15 $20; After 12/31/15 $40 $ Varies*
Fine- People v. Williams, 2014 IL App (3rd)
Prescription ILCS 5/5-9-1.1-5(d)
120240, ¶ 14
Pill/Drug
Disposal Fund
8. Drug Trauma 730 ILCS 5/5-9-1.1(b) Eff. 7/18/96 Fine- People v. Jones, 223 Ill. 2d 569, 593 (2006) $100.00*
Applies to Cannabis, C/S, and Meth
Center Fund 705 ILCS 105/27.6(c)
9. Drug 720 ILCS 550/10.3(a) Eff. 1/1/92 Fine- People v. Jones, 223 Ill. 2d 569, 588 (2006)
One assessment per case
Assessment 720 ILCS 570/411.2(a)
highest assessment to be applied
Fine
Class X $3,000.00*
Class 1 $2,000.00*
Class 2 $1,000.00*
Class 3 or 4 $500.00*
(* Denotes $5 Eligible Fines, ◊ Denotes No Cases to Date)
6
◊10. Drug- Contr. 720 ILCS 570/411.4(b) Eff. 1/1/12 Emergency response = collecting evidence or
securing a site where controlled substances were
$750.00*
Subst. First Offense
manufactured – per statute “fine”
Manufacture
Emergency $1,000.00*
Response Fine Second Offense
◊11. Drug- Meth. 720 ILCS 646/90(c) Eff. 1/1/12 Emergency response = collecting evidence or
securing a site where meth was manufactured – per
$2,500.00*
Manu. Emerg. statute “fine”
Response Fine
◊12. Drug- Meth 730 ILCS 5/5-9-1.1-5(b) Eff. 1/1/06 Meth cases only. $100.00*
Law Enforce-
ment Fine
◊13. Gang Member 730 ILCS 5/5-9-1.19 Eff. 7/13/10 $100.00*
Fine
◊14. Parole Fine 730 ILCS 5/5-9-1.20 Eff. 8/5/11 $25.00*
15. Domestic 730 ILCS 5/5-9-1.5 Eff. 1/1/05 Fine- People v. Pohl, 2012 IL App (2d) 100629, $200.00*
¶ 13
Violence Fine
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, ¶¶ 17- $50.00*
21; People v. Ackerman, 2014 IL App (3d) 120585, ¶30;
Fine People v. Larue, 2014 IL App (4th) 120595, ¶70
17. Specialty Court 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.
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 (2009)
Fund
19. Drug Court 55 ILCS 5/5-1101(f) Where Drug Court exists $5.00*
Fine- People v. Williams, 2011 IL App (1st) 091667-B,
Fund ¶19; People v. Warren, 2014 IL App (4th) 120721, ¶129
20. Children's 55 ILCS 5/5-1101(f-5) Where Child Advocacy Center exists. $ amt. per
as set by County Board -$5-$30
Advocacy county board *
Fine- People v. Jones, 397 Ill. App. 3d 651, 664 (1st
Center Fund 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 Facility 55 ILCS 5/5-1101.3 Will and Kane Counties only $25.00*
Fund
(* Denotes $5 Eligible Fines, ◊ Denotes No Cases to Date)
7
"Add-On" Fines NOT Eligible for $5 Per Diem Credit
23. Medical Costs 730 ILCS 125/17 Eff. 8/14/96 Fine- People v. Larue, 2014 IL App (4th) 120595, ¶ 57 $10.00
Fine
◊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 Trauma 730 ILCS 5/5-9- Eff. 7/18/96 Unlawful use of weapon convictions only. $100.00
Center Fund 1.10
27. Sexual Offense 730 ILCS 5/5-9- Eff. 1/1/05 Sex and pornography offenses only. $200.00
Fine- People v. Smith, 2014 IL App (4th) 121118, ¶¶75-77
Fine 1.7(b)(1)
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 Dist.
Investigation 1.15
2010); People v. Smith, 2014 IL App (4th) 121118, ¶81
Fund Fine
◊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. 7/10/03 Arson offenses only. $500.00
1.12(a)
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)
32. Violent Crime 725 ILCS 240/ Every felony conviction & not only violent offenses. $100.00
Crimes before 7/16/12, $4/40 of total eligible fines, crimes
Victim Assist. 10(b) or
after 7/16/12, $100
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 5/5-9- Crimes before 8/12/15 $10/ 40 of total eligible fines; $ Varies
Crimes after 8/12/15 $15/40 of total eligible fines.
Surcharge 1(c)
Fine- People v. Jones, 223 Ill. 2d 560, 582-87 (2006)
34. State's 55 ILCS 5/4-2002 Added to every count $ Varies
Downstate: $30 + $2 SA Auto Cost;
Attorney's 55 ILCS 5/4-
Cook: $60 + $2 SA Auto Cost;
Costs 2002.1 Cost- People v. Bradford, 2014 IL App (4th) 130288, ¶ 41;
(See Also #44) People v. Dalton, 406 Ill. App. 3d 158, 164 (2nd Dist. 2010)
35. Public Defender 55 ILCS 5/3-4012 Cook County Only $2.00
Cost- People v. Bowen, 2015 IL App (1st) 132046, ¶ 64
Auto. Cost
(* Denotes $5 Eligible Fines, ◊ Denotes No Cases to Date)
8
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 105/27.1a(w) 180,000- 500,000 CF= $40-$100
size of 500,000-3,000,000
705 ILCS 105/27.2(w) CF= $80-$125
county)
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 Dist. $100.00
2002); Fine- People v. Williams, 2013 IL App (4th) 120313
Lab Anal.
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 App.
Costs-
◊41. Court 55 ILCS 5/5-1103 One Cost per felony complaint. $1-$25, as set by county board
resolution.
$ Varies per
Security County Board
Caution See People v. Graves, 235 Ill. 2d 244, 252-55 (2009):
(Services) Legislature has conferred authority upon County Boards to approve Resolution
Cost fines to be imposed as part of criminal sentences
42. Clerk 705 ILCS 105/27.3a(1) . One Cost per felony complaint. $1-$25, as set by county board $ Varies per
resolution.
Automation County Board
Cost- People v. Martino, 2012 IL App (2d) 101244, ¶ 30;
Cost Caution See People v. Graves, 235 Ill. 2d 244, 252-55 (2009): Resolution
Legislature has conferred authority upon County Boards to approve
fines to be imposed as part of criminal sentences
43. Clerk 705 ILCS 105/27.3c(a) One Cost per felony complaint. $1-$25, as set by county board $ Varies per
resolution. $1-$25.
Document County Board
Cost- People v. Tolliver, 363 Ill. App. 3d 94, 97 (1st Dist. 2008).
Storage Cost- People v. Martino, 2012 IL App (2d) 101244, ¶ 30 Resolution
Cost 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 in a $250.00
prior case.
Analysis Cost- People v. Johnson, 2011 IL 111817, ¶ 28
Cost
(* Denotes $5 Eligible Fines, ◊ Denotes No Cases to Date)
9
CAUTION: Amounts authorized by Clerks Act without reference in Crim. Code or Code of Corrections-
46. State Police 705 ILCS 105/27.3a(1.5) Applies only where County has Clerk $ Varies based
Automation Cost
Ops. Assistance on amount of
Amount Varies ($0-$15)
Fund Fine- People v. Moore, 2014 IL App (1st) automation
112592-B, ¶ 46 fund*
Fine- People v. Wynn, 2013 IL App (2d)
120575, ¶ 13
Fine- People v Larue, 2014 IL App (4th)
120595, ¶ 56
47. Probation Ops. 705 ILCS 105/27.3a(1.1) Fine or Cost? Caution People v. Rogers, $10.00 *
2014 IL App 4th 121088, ¶ 39
Fund
◊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 of the
Criminal Code".
$15.00
Merit Board
Safety Fund
(* Denotes $5 Eligible Fines, ◊ Denotes No Cases to Date)
10