Illinois Official Reports 

Appellate Court

People v. Johnson, 2015 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 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.”
- 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 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 

 

1Because defendant’s offense was committed in 2013, the Violent Crime Victims Assistance Fund 

fine should be $100. 
- 4 - 

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. 

 

2The 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. 
(* 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 criminal 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) 

120691, ¶ 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. DrugPrescription 

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- People 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 

Enforcement 

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. 3d 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- People 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)

Every felony conviction & not only violent offenses.

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. Dalton, 406 Ill. App. 3d 158, 

164 (2nd 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 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

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 

CostsExtradition

725 ILCS 5/124A-5 Upon conviction for costs of serving arrest warrant and 

extradition from other state or county.

$ Actual Cost 

◊40

.

Sheriff 

Costs55 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 (2nd 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 Corrections46. 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- People 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