People v. Goossens
39 N.E.3d 956
Ill.2015Background
- Raymond Goossens, a police sergeant, was convicted by a jury of intimidation (Class 3 felony) and sentenced to two years’ probation.
- The trial court imposed a probation condition requiring Goossens to "become current in his child support in case number 2002 D 528" and not be released from probation until payments were current.
- The presentencing report showed Goossens owed $11,779.89 in back child support.
- On appeal he argued the trial court lacked authority under 730 ILCS 5/5-6-3(b) to order child support as a probation condition because the condition did not relate to the underlying offense (intimidation).
- The Illinois Appellate Court affirmed; the Illinois Supreme Court granted leave and likewise affirmed, holding subsection (b)(6) ("support his dependents") authorizes such a condition regardless of relatedness to the offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a trial court may impose child support payment as a condition of probation for an unrelated offense | State: §5-6-3(b) expressly authorizes listed conditions (including support dependents) and need not relate to the offense | Goossens: Enumerated conditions must still relate to the nature of the offense; absent relatedness the court exceeded statutory authority | The Court held subsection 5-6-3(b)(6) authorizes imposing child support as a probation condition without a relatedness requirement; Campbell to the contrary overruled |
Key Cases Cited
- People v. Lampitok, 207 Ill.2d 231 (recognizing subsection (b) lists conditions a court may impose in its discretion)
- People v. Meyer, 176 Ill.2d 372 (holding unenumerated conditions must be reasonable and relate to the offense or defendant's rehabilitation)
- People v. Campbell, 325 Ill. App. 3d 569 (4th Dist.) (interpreted §5-6-3(b) to require relatedness; rejected and overruled to the extent inconsistent)
