People v. Guadarrama
2011 IL App (2d) 100072
Ill. App. Ct.2011Background
- Guadarrama was charged with unlawful possession of a controlled substance with intent to deliver and held in custody until bond posted on April 13, 2006.
- He pleaded guilty and was sentenced to 48 months of intensive supervision; later violated the terms and was sentenced to four years' imprisonment.
- At sentencing, the court and clerk imposed several assessments: Crime Stoppers fine ($500), DNA analysis fee ($200), mental health court fine ($10), street-value of drugs fine ($200), and Trauma Center Fund fine ($100).
- Defendant seeks a $5 daily credit for 194 days in custody prior to sentencing, arguing some fines were improperly imposed and may be offset by credits.
- The State concedes credit for the 194 days for some fines but contends the DNA analysis fee is a fee (not a fine) and thus not creditable.
- The court held that the DNA analysis fee is a fee, not a fine, and therefore not subject to the pre-sentencing custody credit; it affirmed the judgment as modified to reflect credits for other fines.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the DNA analysis fee a fine or a fee for credit purposes? | Guadarrama argued it is a fine; thus credit applies. | Guadarrama contends it is a fee; no credit should apply. | DNA analysis fee is a fee, not a fine; no credit allowed. |
| Whether a pre-sentencing custody credit applies to fines versus fees under 110-14(a). | Credit applies to fines and possibly mis-imposed fines could be adjusted. | Credit applies only to fines, not fees. | Credit applies to fines as defined; fees are not subject to credit. |
| Whether the other fines (Mental Health Court, Street-Value, Trauma Center Fund, Crime Stoppers) are subject to credit and may be vacated/reimposed. | Credits can offset those fines; some fines can be vacated and reimposed per Graves and Jones. | Those fines should be subject to the monetary credit; some may be vacated and reimposed. | Mental Health Court, Street-Value, Trauma Center Fund, and Crime Stoppers fines are subject to credit; vacated and reimposed as appropriate; DNA fee remains unaffected. |
Key Cases Cited
- People v. White, 333 Ill. App. 3d 777 (2002) (distinguishes fines from fees; fines are punitive, fees are collateral/compensatory)
- People v. Marshall, 242 Ill. 2d 285 (2011) (DNA analysis fee is used to cover costs of analysis; informs fee vs. fine analysis)
- People v. Long, 398 Ill. App. 3d 1028 (2010) (DNA analysis fee discussed as potentially a fine in prior decisions)
- People v. Clark, 404 Ill. App. 3d 141 (2010) (followed Long on DNA fee characterization)
- People v. Mingo, 403 Ill. App. 3d 968 (2010) (DNA fee analysis per Marshall framework)
- People v. Graves, 235 Ill. 2d 244 (2009) (monetary credit applicable to certain fines; vacancy/reimposition guidance)
- People v. Jones, 223 Ill. 2d 569 (2006) (monetary credit framework for fines; authority to vacate/reimpose fines)
- People v. Dowding, 388 Ill. App. 3d 936 (2009) (Crime Stoppers fine subject to monetary credit)
- People v. Caballero, 228 Ill. 2d 79 (2008) (street-value fine subject to monetary credit)