People v. Johnson

Full title: THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. TRACY EUGENE…

Court: APPELLATE COURT OF ILLINOIS THIRD DISTRICT

Date published: Dec 23, 2015

2015 Ill. App. 3d 140364 (Ill. App. Ct. 2015)

Opinion

Docket No. 3-14-0364

12-23-2015

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. TRACY EUGENE JOHNSON, Defendant-Appellant.

Counsel on Appeal Michael J. Pelletier and Peter A. Carusona, both of State Appellate 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.

JUSTICE WRIGHT delivered the judgment of the court, with opinion.

Illinois Official Reports

Appellate Court

Decision Under Review Appeal from the Circuit Court of Rock Island County, No. 13-CF-591; the Hon. Walter D. Braud, Judge, presiding. Judgment Vacated and remanded with directions. Counsel on Appeal Michael J. Pelletier and Peter A. Carusona, both of State Appellate 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."

¶ 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 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.

1 Because defendant's offense was committed in 2013, the Violent Crime Victims Assistance Fund fine should be $100.

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. --------

¶ 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.

Appendix—Mandatory "Add-On" Fines

(for felonies excluding serious traffic offenses)

Fines Eligible for $5 Per Diem CreditAssessed based on date of offense
1.	DiscretionaryFelony Fine	730 ILCS 5/5-4.5-50(b)	Eff.7/1/09	Cannot exceed $25,000 (or amount specifiedin statute).	$ Varies*
2.	Offense Specific Mandatory MinimumFine		As required by statute when applicable	$ Varies*
3.	ExpungementJuvenileRecords Fine	730 ILCS5/5-9-1.17(a)	Eff.1/1/10	Shall be added to every criminal sentenceand remitted as follows:$10 to State Police Services Fund,$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	$30.00*
?4.	Violation ofOrder ofProtectionFine	730 ILCS5/5-9-1.16(a)	Eff.1/1/09		$200.00*
5.	Drug-StreetValue Fine	730 ILCS 5/5-9-1.1(a)730 ILCS5/5-9-1.1-5(a)	Eff.1/1/82	Determined by Judge based on evidence.Fine- People v. Lewis, 234 Ill. 2d 32, 44-45(2009)Fine- People v. Bell, 2012 IL App (5th)100276, ¶ 42	$ Varies*
6.	Drug-CJIAProjects Fund(Drug TaskForce Fund)	730 ILCS 5/5-9-1.1(e)730 ILCS5/5-9-1.1-5(c)	Eff.9/11/05	Fine- People v. Williams, 2014 IL App (3rd)120240, ¶ 14	$25.00*
7.	Drug-PrescriptionPill/DrugDisposal Fund	730 ILCS 5/5-9-1.1(f)730 ILCS5/5-9-1.1-5(d)	Eff.1/1/12	1/1/12-12/31/15 $20; After 12/31/15 $40Fine- People v. Williams, 2014 IL App (3rd)120240, ¶ 14	$ Varies*
8.	Drug TraumaCenter Fund	730 ILCS 5/5-9-1.1(b)705 ILCS 105/27.6(c)	Eff.7/18/96	Fine- People v. Jones, 223 Ill. 2d 569, 593(2006)Applies to Cannabis, C/S, and Meth	$100.00*
9.	DrugAssessmentFine	720 ILCS 550/10.3(a)720 ILCS 570/411.2(a)	Eff.1/1/92	Fine- People v. Jones, 223 Ill. 2d 569, 588(2006)One assessment per casehighest assessment to be appliedClass XClass 1Class 2	$3,000.00*$2,000.00*$1,000.00*

(* Denotes $5 Eligible Fines, ? Denotes No Cases to Date)

				Class 3 or 4	$500.00*
?10	Drug- Contr.Subst.ManufactureEmergencyResponse Fine	720 ILCS570/411.4(b)	Eff.1/1/12	Emergency response = collecting evidenceor securing a site where controlledsubstances were manufactured - per statute"fine"	$750.00*First Offense$1,000.00*SecondOffense
?11	Drug- Meth.Manu. Emerg.Response Fine	720 ILCS 646/90(c)	Eff.1/1/12	Emergency response = collecting evidenceor securing a site where meth wasmanufactured - per statute "fine"	$2,500.00*
?12	Drug-MethLawEnforcementFine	730 ILCS5/5-9-1.1-5(b)	Eff.1/1/06	Meth cases only.	$100.00*
?13	Gang MemberFine	730 ILCS 5/5-9-1.19	Eff.7/13/10		$100.00*
?14	Parole Fine	730 ILCS 5/5-9-1.20	Eff.8/5/11		$25.00*
15.	DomesticViolence Fine	730 ILCS 5/5-9-1.5	Eff.1/1/05	Fine- People v. Pohl, 2012 IL App (2d)100629, ¶ 13	$200.00*
	Local Fines- Eff. Date-date of County Board ResolutionPeople v. Graves, 235 Ill. 2d 234, 252-55 (2009): Legislature conferred authority forCounty Boards to approve certain "fines" for criminal sentences.
16.	Court SystemFine	55 ILCS 5/5-1101(c)		Fine- People v. Smith, 2013 IL App (2d) 120691,¶¶ 17-21; People v. Ackerman, 2014 IL App (3d)120585, ¶30; People v. Larue, 2014 IL App (4th)120595, ¶70	$50.00*
17.	SpecialtyCourt Fund	55 ILCS 5/5-1101(d-5)		"On a judgment of guilty or grant of supervision."Funds Mental Health, Drug, and Veteran's Court.Fine- People v. Graves, 235 Ill. 2d 244, 255(2009)	$10.00*
18.	Peer CourtFund	55 ILCS 5/5-1101(e)		Where Youth Diversion/Peer Court exists.Fine- People v. Graves, 235 Ill. 2d 244, 255(2009)	$5.00*
19.	Drug CourtFund	55 ILCS 5/5-1101(f)		Where Drug Court existsFine- People v. Williams, 2011 IL App (1st)091667-B, ¶19; People v. Warren, 2014 IL App(4th) 120721, ¶129	$5.00*

(* Denotes $5 Eligible Fines, ? Denotes No Cases to Date)

20.	Children'sAdvocacyCenter Fund	55 ILCS 5/5-1101(f-5)	Where Child Advocacy Center exists. asset by County Board -$5-$30Fine- People v. Jones, 397 Ill. App. 3d 651, 664(1st Dist. 2009); People v. Cameron, 2012 ILApp (3d) 110020, ¶ 42	$ amt. percounty board*
?21	CASA Fund	55 ILCS 5/5-1101(f-10)	$10-$30 as set by County Board	$ amt. percounty board*
?22	JudicialFacility Fund	55 ILCS 5/5-1101.3	Will and Kane Counties only	$25.00*

"Add-On" Fines NOT Eligible for $5 Per Diem Credit
23.	MedicalCosts Fine	730 ILCS125/17	Eff.8/14/96	Fine- People v. Larue, 2014 IL App (4th) 120595,¶ 57	$10.00
?24.	DomesticBattery Fine	730 ILCS 5/5-9-1.6	Eff. 1/1/92		$10.00
?25	Violation ofOrder ofProtectionFine-FamilyMember	730 ILCS 5/5-9-1.11(a)	Eff. 1/1/98	Assessed if the protected person is a family member	$20.00
?26	UUWTraumaCenter Fund	730 ILCS 5/5-9-1.10	Eff.7/18/96	Unlawful use of weapon convictions only.	$100.00
27.	SexualOffense Fine	730 ILCS5/5-9-1.7(b)(1)	Eff. 1/1/05	Sex and pornography offenses only.Fine- People v. Smith, 2014 IL App (4th) 121118,¶¶75-77	$200.00
28.	Sex OffenderInvestigationFund Fine	730 ILCS 5/5-9-1.15	Eff. 6/1/08	Sex and pornography offenses only.Fine- People v. Dalton, 406 Ill. App. 3d 158, 164 (2dDist. 2010); People v. Smith, 2014 IL App (4th)121118, ¶81	$500.00
?29.	Child Porn.Fine	730 ILCS 5/5-9-1.14	Eff. 1/1/08	Child pornography offenses only.	$500.00
?30.	Arson Fine	730 ILCS 5/5-9-1.12(a)	Eff.7/10/03	Arson offenses only.	$500.00
31.	Drug SpinalCord Injury	730 ILCS 5/5-9-1.1(c)	Eff. 1/1/02	Applies to Cannabis, Meth, Controlled Subs.Fine- People v. Jones, 223 Ill. 2d 569, 599 (2006)	$5.00

(* Denotes $5 Eligible Fines, ? Denotes No Cases to Date)

32.	ViolentCrime VictimAssist.	725 ILCS 240/10(b)	Every felony conviction & not only violent offenses.Crimes before 7/16/12, $4/40 of total eligible fines,crimes after 7/16/12, $100Fine- 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	$100.00or$__________
33.	CriminalSurcharge	730 ILCS5/5-9-1(c)	Crimes before 8/12/15 $10/ 40 of total eligible fines;Crimes after 8/12/15 $15/40 of total eligible fines.Fine- People v. Jones, 223 Ill. 2d 560, 582-87 (2006)	$ Varies
34.	State'sAttorney'sCosts	55 ILCS5/4-200255 ILCS5/4-2002.1(See Also #44)	Added to every countDownstate: $30 + $2 SA Auto Cost;Cook: $60 + $2 SA Auto Cost;Cost- People v. Bradford, 2014 IL App (4th)130288, ¶ 41; People v. Dalton, 406 Ill. App. 3d 158,164 (2nd Dist. 2010)	$ Varies
35.	PublicDefenderAuto. Cost	55 ILCS5/3-4012	Cook County OnlyCost- People v. Bowen, 2015 IL App (1st) 132046,¶ 64	$2.00

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 PostedCook: Not more than $100Cost- People v. Lange, 102 Ill. 2d 225, 228-29 (1984)	$ Varies
37.	Clerk FilingCost(based onsize ofcounty)	705 ILCS105/27.1a(w)705 ILCS 105/27.2(w)705 ILCS 105/27.2a(w)	Cost- People v. Pohl, 2012 IL App (2d) 100629, ¶¶ 7-9Cost- People v. Larue, 2014 IL App (4th) 120595, ¶ 66180,000- 500,000500,000-3,000,0003,000,000+	CF=$40-$100CF=$80-$125CF=$125-$190
38.	Drug CrimeLab Anal.Cost	730 ILCS 5/5-9-1.4(b)	Caution: Cost- People v. White, 333 Ill. App. 3d 777 (2dDist. 2002); Fine- People v. Williams, 2013 IL App (4th)120313	$100.00
?39	SheriffCosts-Extradition	725 ILCS 5/124A-5	Upon conviction for costs of serving arrest warrant andextradition from other state or county.	$ Actual Cost
?40	SheriffCosts-	55 ILCS 5/4-5001	Costs to bring offender from jail to court. $10 per courtappearance.	$10.00/ CtApp.

(* Denotes $5 Eligible Fines, ? Denotes No Cases to Date)

?41	CourtSecurity(Services)Cost	55 ILCS 5/5-1103	One Cost per felony complaint. $1-$25, as set by county boardresolution.Caution See People v. Graves, 235 Ill. 2d 244, 252-55 (2009):Legislature has conferred authority upon County Boards toapprove fines to be imposed as part of criminal sentences	$ Varies perCountyBoardResolution
42.	ClerkAutomationCost	705 ILCS105/27.3a(1)	One Cost per felony complaint. $1-$25, as set by county boardresolution.Cost- People v. Martino, 2012 IL App (2d) 101244, ¶ 30;Caution See People v. Graves, 235 Ill. 2d 244, 252-55 (2009):Legislature has conferred authority upon County Boards toapprove fines to be imposed as part of criminal sentences	$ Varies perCountyBoardResolution
43.	ClerkDocumentStorageCost	705 ILCS105/27.3c(a)	One Cost per felony complaint. $1-$25, as set by county boardresolution. $1-$25.Cost- People v. Tolliver, 363 Ill. App. 3d 94, 97 (1st Dist.2008).Cost- People v. Martino, 2012 IL App (2d) 101244, ¶ 30Cost- People v. Larue, 2014 IL App (4th) 120595, ¶ 62	$ Varies perCountyBoardResolution
44.	State'sAttorney'sCosts	55 ILCS 5/4-200255 ILCS 5/4-2002.1(See Also #34)	Downstate: $10 Prelim. Hrg. Cost;$25/ day of trialCook: $20 Prelim. Hrg. Cost;$50/ day of trialCost- People v. Dalton, 406 Ill. App. 3d 158, 164 (2nd Dist.2010)	$ Varies
45.	DNAAnalysisCost	730 ILCS 5/5-4-3(j)	Does not apply if defendant has been ordered to pay DNA Costin a prior case.Cost- People v. Johnson, 2011 IL 111817, ¶ 28	$250.00

CAUTION: Amounts authorized by Clerks Act without reference in Crim. Code or Codeof Corrections-
46. State PoliceOps.AssistanceFund	705 ILCS105/27.3a(1.5)		Applies only where County has ClerkAutomation CostAmount Varies ($0-$15)Fine- People v. Moore, 2014 IL App(1st) 112592-B, ¶ 46Fine- People v. Wynn, 2013 IL App(2d) 120575, ¶ 13Fine- People v Larue, 2014 IL App(4th) 120595, ¶ 56	$ Variesbased onamount ofautomationfund*
47.	ProbationOps. Fund	705 ILCS105/27.3a(1.1)		Fine or Cost? Caution People v.Rogers, 2014 IL App 4th 121088, ¶ 39	$10.00 *
?48	Arson BurnVictim Relief	705 ILCS 105/27.6(p)	Eff. 1/1/16	Arson offenses only. Remitted toGeorge Bailey Memorial Fund.	$250.00
?49	State PoliceMerit BoardSafety Fund	705 ILCS 105/27.6(n)	Eff. 1/1/13	Any person convicted of a "violationof the Criminal Code".	$15.00

(* Denotes $5 Eligible Fines, ? Denotes No Cases to Date)