People v. Johnson

959 N.E.2d 1150, 355 Ill. Dec. 417
Illinois Supreme Court·Decided December 1, 2011·No. 111817·Published·Cited by 4 cases

Opinion

959 N.E.2d 1150 (2011)
355 Ill. Dec. 417

The PEOPLE of the State of Illinois, Appellee,
v.
Amos JOHNSON, Appellant.

No. 111817.

Supreme Court of Illinois.

December 1, 2011.

*1151 Michael J. Pelletier, State Appellate Defender, Alan D. Goldberg, Deputy Defender, and Jessica Wynne Arizo and Brett Zeeb, Assistant Appellate Defenders, of the Office of the State Appellate Defender, of Chicago, for appellant.

Lisa Madigan, Attorney General, of Springfield, and Anita Alvarez, State's Attorney, of Chicago (Alan J. Spellberg, Annette Collins and Manny Magence, Assistant State's Attorneys, of counsel), for the People.

OPINION

Justice FREEMAN delivered the judgment of the court, with opinion.

¶ 1 At issue in this case is whether the $200 DNA Identification System analysis charge (hereinafter, DNA analysis charge or DNA charge) is subject to offset by defendant Amos Johnson's presentence incarceration credit. The appellate court held that it was not. No. 1-09-1398 (unpublished order under Supreme Court Rule 23). We allowed defendant's petition for leave to appeal (Ill. S.Ct. R. 315 (eff. Feb. 26, 2010); R. 612 (eff. Sept. 1, 2006)), and now affirm the judgment of the appellate court.

¶ 2 I. BACKGROUND

¶ 3 Defendant, originally charged with two counts of possession of a controlled substance with intent to deliver, was found guilty, after a bench trial in the circuit court of Cook County, of two counts of the lesser-included offense of possession of a controlled substance. Defendant was in custody for 344 days before he was sentenced.

¶ 4 At sentencing, defendant received an extended term of five years' imprisonment. The court also ordered the indexing of defendant's DNA, and imposed several monetary charges, including a $200 DNA analysis charge pursuant to section 5-4-3(j) of the Unified Code of Corrections (Corrections Code) (730 ILCS 5/5-4-3(j) (West 2008)).

¶ 5 On appeal, the appellate court affirmed defendant's convictions and sentence of imprisonment, but modified his fines and fees order with regard to a $5 court system fee and a $30 children's advocacy center charge. The court declined to *1152 modify the order with regard to the $200 DNA analysis charge, which the court held was not subject to offset by defendant's presentence incarceration credit. No. 1-09-1398 (unpublished order under Supreme Court Rule 23).

¶ 6 II. ANALYSIS

¶ 7 Before this court, defendant does not challenge his convictions or sentence of imprisonment. The sole issue he raises is a narrow one: whether he is entitled to the statutory offset, which is dependent on whether the DNA charge falls within the definition of a "fine."

¶ 8 Section 110-14 of the Code of Criminal Procedure provides, in pertinent part: "Any person incarcerated on a bailable offense who does not supply bail and against whom a fine is levied on conviction of such offense shall be allowed a credit of $5 for each day so incarcerated upon application of the defendant." 725 ILCS 5/110-14(a) (West 2008). The parties do not dispute that the credit under section 110-14 operates to offset only fines. This is in accord with the plain language of the statute, which indicates the credit applies only to "fines" imposed pursuant to a conviction, not to any other court costs or fees. People v. Tolliver, 363 Ill.App.3d 94, 96, 299 Ill.Dec. 821, 842 N.E.2d 1173 (2006); see People v. Jones, 223 Ill.2d 569, 580, 308 Ill.Dec. 402, 861 N.E.2d 967 (2006).

¶ 9 Before we begin our analysis, we believe it would be helpful in understanding this case to provide an overview of the DNA database statute. Section 5-4-3 of the Corrections Code provides, inter alia, that any person convicted or found guilty of any offense classified as a felony under Illinois law must submit specimens of blood, saliva, or tissue to the Illinois State Police for DNA analysis. The primary purpose of section 5-4-3 is the creation of a criminal DNA database of the genetic identities of recidivist offenders. People v. Marshall, 242 Ill.2d 285, 291, 351 Ill.Dec. 172, 950 N.E.2d 668 (2011).

¶ 10 Section 5-4-3(j), the specific provision at issue here, provides, in pertinent part:

"(j) Any person required by subsection (a) [of section 5-4-3] to submit specimens of blood, saliva, or tissue to the Illinois Department of State Police for analysis and categorization into genetic marker grouping, in addition to any other disposition, penalty, or fine imposed, shall pay an analysis fee of $200." 730 ILCS 5/5-4-3(j) (West 2008).

¶ 11 Section 5-4-3(k)(1) establishes a State Offender DNA Identification System Fund (Fund), "a special fund in the State Treasury." 730 ILCS 5/5-4-3(k)(1) (West 2008). Section 5-4-3(k)(2), in turn, requires circuit court clerks to deposit the DNA analysis assessments into the Fund, less $10 from each collected assessment to offset administrative costs in carrying out the clerk's responsibilities under section 5-4-3. 730 ILCS 5/5-4-3(k)(2) (West 2008).

¶ 12 Moreover, section 5-4-3(k)(3) provides that the Fund is for the exclusive use of the state's crime laboratories, to be applied to costs such as, but not limited to, those incurred in: (1) providing analysis and genetic marker categorization; (2) maintaining genetic marker groupings; (3) purchasing and maintaining equipment for use in performing analyses; (4) continuing research and development of new techniques for analysis and genetic marker categorization; and (5) continuing education, training, and professional development of forensic scientists.

¶ 13 DNA database statutes such as section 5-4-3 are not unique to Illinois. Every state has enacted a statute creating a DNA database for use in solving various classes of crimes. Robin Cheryl Miller, *1153 Annotation, Validity, Construction, and Operation of State DNA Database Statutes, 76 A.L.R.5th 239 (2000). A survey of such statutes indicates they are founded on certain basic views, which inform their goals: DNA databases are important tools in criminal investigations, in the exclusion of individuals who are the subject of investigations or prosecutions, and in detecting recidivist acts.

¶ 14 Views such as these were discussed in the Illinois General Assembly during debates on amendments to section 5-4-3:

"[I]f I were incarcerated, I would want the DNA sample so that if they come after me upon my release and say, you know[,] this crime looks a lot like your modus, your method of operation, we think you're a suspect in this crime. I'm going to assume that they find DNA at the crime scene[,] and if I'm already in the database, it's a heck of a good way to eliminate someone as a suspect." 92d Ill. Gen. Assem., House Proceedings, May 14, 2002, at 46 (statements of Representative Black).

¶ 15 With this statu

Free access — add to your briefcase to read the full text and ask questions with AI

People v. Johnson, 959 N.E.2d 1150, 355 Ill. Dec. 417 (Ill. 2011).

959 N.E.2d 1150 (People v. Johnson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Gomez
2018 IL App (1st) 150605 (Appellate Court of Illinois, 2018)
People v. Mullen
2018 IL App (1st) 152306 (Appellate Court of Illinois, 2018)
People v. Cox
2017 IL App (1st) 151536 (Appellate Court of Illinois, 2017)
People v. Elliott
2012 IL App (5th) 100584 (Appellate Court of Illinois, 2012)