# Illinois Official Reports

Appellate Court

People v. Johnson , 201 5 IL App ( 3d ) 140364

Appellate Court Caption THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff

- Appellee, v.

TRACY EUGENE JOHNSON, Defendant

- Appellant.

District & No. Third District

Docket No. 3

- 14

- 0364

Filed December 23, 2015

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.

### - 2 - 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 judgm ent 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 challeng e 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.”

### - 3 - ¶ 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 clea rly 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 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 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.

### - 4 -

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 defendan t’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, th e 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.

### (* Denotes $5 Eligible Fines, ◊ Denotes No Cases to Date) 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 Felony Fine 730 ILCS 5/5

- 4.5

- 50(b) Eff

. 7/1/09 Cannot exceed $25,000 (or amount specified

in statute). $ Varies*



### 2. Offense Specific Mandatory Minimum

Fine As required by statute when applicable $ Varies*



### 3. Expungement

Juvenile

Records Fine 730 ILCS

5/5

- 9

- 1.17(a) Eff

. 1/1/10 Shall be added to every crim i nal sentence

and 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)

12 0691, ¶ 16 ; People v Larue , 2014 IL App (4th) 120595, ¶ 56 $30.00*



### ◊4. Violation of

Order of

Protection

Fine 730 ILCS

5/5

- 9

- 1.16(a) Eff

. 1/1/09 $200.00*



### 5. Drug

- Street

Value Fine 730 ILCS 5/5

- 9

- 1.1(a)

730 ILCS

5/5

- 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

- CJIA Projects Fund (Drug Task Force Fund) 730 ILCS 5/5

- 9

- 1.1(e)

730 ILCS

5/5

- 9

- 1.1

- 5(c) Eff

. 9/11/05 Fine

- People v. Williams , 2014 IL App (3rd)

120240, ¶ 14 $25.00*



### 7. Drug

Prescription Pill/Drug Disposal Fund 730 ILCS 5/5

- 9

- 1.1(f)

730 ILCS

5/5

- 9

- 1.1

- 5(d) Eff

. 1/1/12 1/1/12

- 12/31/15 $20; After 12/31/15 $40

Fine

- People v. Williams , 2014 IL App (3rd) 120240, ¶ 14 $ Varies*



### 8. Drug Trauma

Center Fund 730 ILCS 5/5

- 9

- 1.1(b)

705 ILCS 105/27.6(c) Eff

. 7/18/96 Fine

- P eople v. Jones

, 223 Ill. 2d 569, 593

(2006) Applies to Cannabis, C/S, and Meth $100.00*



### 9. Drug

Assessment

Fine 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 case 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.

Subst.

Manufacture Emergency Response Fine 720 ILCS

570/411.4(b) Eff

. 1/1/12 Emergency response = collecting evidence

or securing a site where controlled

substances were manufactured

– per statute

“ fine ” $750.00*

First Offense

$1

, 000.00*

Second

Offense



### ◊11

. Drug

- Meth.

Manu

. Emerg

. Response Fine 720 ILCS 646/90(c) Eff

. 1/1/12 Emergency response = collecting evidence

or securing a site where meth was

manufactured

– per statute “ fine ” $2,500.00*



### ◊12

. Drug

- Meth

Law

E nf orcement
Fine 730 ILCS

5/5

- 9

- 1.1

- 5(b) Eff.

1/1/06 Meth cases only. $100.00*



### ◊13

. Gang Member

Fine 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. Domestic

Violence 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 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

Fine 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. Specialty

Court 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 Court

Fund 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 Court

Fund 55 ILCS 5/5

- 1101(f) Where Drug Court exists

Fine

- 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 ’ s Advocacy

Center Fund 55 ILCS 5/5

- 1101(f

- 5) Where Child Advocacy Center exists. as

set by County Board

- $5

- $30

Fine

- People v. Jones , 397 Ill. App. 3 d 651, 664 (1st Dist. 2009) ; People v. Cameron , 2012 IL App (3d) 110020, ¶ 42 $ amt

. per county board

*



### ◊21

. CASA Fund 55 ILCS 5/5

- 1101 (f

- 10) $10

- $30 as set by County Board $ amt

. per county board

*



### ◊22

. Judicial Facility 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. Medical

Costs Fine 730 ILCS

125/17 Eff

.

8/14/96 Fine

- P eople v. Larue , 2014 IL App (4th) 120595,

¶ 57 $10.00



### ◊24

. Domestic Battery Fine 730 ILCS 5/5

- 9

-

1.6 Eff

. 1/1/92 $10.00



### ◊25

. Violation of

Order of

Protection

Fine

- Family

Member 730 ILCS 5/5

- 9

-

1.11(a) Eff

. 1/1/98 Assessed if the protected person is a family member $20.00



### ◊26

. UUW

Trauma

Center Fund 730 ILCS 5/5

- 9

-

1.10 Eff

.

7/18/96 Unlawful use of weapon convictions only. $100.00



### 27. Sexual

Offense Fine 730 ILCS

5/5

- 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 Offender Investigation

Fund 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 (2d Dist. 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 Spinal Cord 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. Violent

Crime Victim

Assist

. 725 ILCS 240/

10(b) E very felony conviction & not only violent offense s. Crimes before 7/16/12, $4/40 of total eligible fines, crimes 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 $100.00

or $

__________

_



### 33. Criminal Surcharge 730 ILCS

5/5

- 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 ’ s Attorney ’ s Costs 55 ILCS

5/4

- 2002

55 ILCS

5/4

- 2002.1 (See Also #44) Added to every count

Downstate : $30 + $2 SA Auto Cost;

Cook : $60 + $2 SA Auto Cost;

Cost

- People v. Bradford

, 2014 IL App (4th) 130288, ¶ 41; People v. Dalto n, 406 Ill. App. 3d 158, 164 (2 n d Dist

. 2010) $ Varies



### 35. Public

Defender

Auto

. Cost 55 ILCS

5/3

- 4012 Cook County Only

Cost

- People v. Bowen , 2015 IL App (1st) 132046, ¶ 64 $2.00



### Costs NO T Subject to $5 Per Diem Credit

– use date of sentencing

36. Bond Cost 725 ILCS 5/110

- 7(f) Downstate : 10% of Bond Posted

Cook : Not more than $100

Cost

- People v. Lange , 102 Ill. 2d 225, 228

- 29 (1984) $ Varies



### 37. Clerk Filing

Cost (based on

size of county) Cost

- People v. Pohl , 2012 IL App (2d) 100629, ¶ ¶ 7

- 9

Cost

- People v. Larue , 2014 IL App (4th) 120595, ¶ 66

705 ILCS 105/27.1a(w) 180,000

- 500,000 CF= $40

- $100 705 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

Lab Anal

. Cost 730 ILCS 5/5

- 9

- 1.4(b) Caution: Cost

- People v. White , 333 Ill. App. 3d 777 (2d Dist. 2002) ; Fine

- People v. Williams , 2013 IL App (4th)

120313 $100.00



### ◊39

. Sheriff

Costs

Extradition 725 ILCS 5/124A

- 5 Upon conviction for costs of serving arrest warrant and extradition from other state or county. $ Actual Cost



### ◊40

. Sheriff

Costs

55 ILCS 5/4

- 5001 Costs to bring offender from jail to court. $10 per court

appearance. $10.00/ Ct App.

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

◊41

. Court Security (Services)

Cost 55 ILCS 5/5

- 1103 One Cost per felony complaint. $1

- $25, as set by county board

resolution.

Caution See People v. Graves , 235 Ill. 2d 244, 252

- 55 (2009 ): Legislature has conferred authority upon County Boards to approve fines to be imposed as part of criminal sentences $ Varies per County

Board

Resolution



### 42. Clerk

Automation

Cost 705 ILCS

105/27.3a(1) . One Cost per felony complaint. $1

- $25, as set by county board

resolution.

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 to approve fines to be imposed as part of criminal sentences $ Varies per County

Board

Resolution



### 43. Clerk

Document Storage

Cost 705 ILCS

105/27.3c(a) One Cost per felony complaint. $1

- $25, as set by county board resolution. $1

- $25.

Cost

- People v. Tolliver , 363 Ill. App. 3d 94, 97 (1st Dist. 2008).

Cost

- People v. Martino , 2012 IL App (2d) 101244, ¶ 30

Cost

- People v. Larue

, 2014 IL App (4th) 120595, ¶ 62 $ Varies per County

Board

Resolution



### 44. State ’ s Attorney ’ s Costs 55 ILCS 5/4

- 2002

55 ILCS 5/4

- 2002.1 (See Also #34) Downstate : $10 Prelim. Hrg. Cost; $25/ day of trial

Cook: $20 Prelim. Hrg. Cost; $50/ day of trial

Cost

- People v. Dalton , 406 Ill. App. 3d 158, 164 (2 n d Dist. 2010) $ Varies



### 45. DNA Analysis

Cost 730 ILCS 5/5

- 4

- 3(j) Does not apply if defendant has been ordered to pay DNA Cost in 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 Code

of Corrections

46. State Police Ops.

Assistance

Fund 705 ILCS

105/27.3a(1.5) Applies only where County has Clerk

Automation Cost

Amount Varies ($0

- $15)

Fine

- People v. Moore , 2014 IL App (1st) 112592

- B, ¶ 46

Fine

- P eople v. Wynn , 2013 IL App (2d) 120575, ¶ 13

Fine

- People v Larue , 2014 IL App (4th) 120595, ¶ 56 $ Varies

based on

amount of

automation

fund*



### 47. Probation Ops. Fund 705 ILCS

105/27.3a(1.1) Fine or Cost? Caution People v. Rogers , 2014 IL App 4th 121088, ¶ 39 $10.00 *



### ◊48

. Arson Burn

Victim Relief 705 ILCS 105/27.6(p) Eff

. 1/1/16 Arson offenses only. Remitted to George Bailey Memorial Fund. $250.00



### ◊49

. State Police

Merit Board Safety Fund 705 ILCS 105/27.6(n) Eff

. 1/1/13 Any person convicted of a “ violation

of the Criminal Code ”

. $15.00