People v. Gutierrez
405 Ill. App. 3d 1000
| Ill. App. Ct. | 2010Background
- Gutierrez pleaded guilty to predatory criminal sexual assault of a child and was sentenced to 20 years with 345 days of presentencing custody credited.
- After sentencing, the clerk imposed various fines including a $250 public defender fee, a $75 pretrial bond supervision fee, and a $10 mental health court fine.
- Gutierrez appealed challenging the legality and propriety of the fees and whether he could receive a credit against the mental health court fine for presentencing time.
- The court filed a record supplement showing the fees assessed and the judge’s role in imposing them, prompting the appeal on notice, hearing, and authority grounds.
- The court held that the public defender fee and pretrial bond supervision fee were improperly imposed and needed proper procedures or removal, and that the mental health court fine could be offset by presentencing custody credit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Public defender fee proper notice and hearing | Gutierrez argues lack of notice/hearing prior to imposing fee. | People contend fee proper under statute and practice. | Vacated; remanded for notice and a hearing. |
| Pretrial bond supervision fee when no bond posted | Gutierrez asserts fee imposed without release/bond was improper. | People rely on bond conditions authorizing such fees. | Vacated. |
| Credit against mental health court fine for presentencing custody | Gutierrez seeks credit against the $10 mental health court fine for time served. | People acknowledge the assessment but contend no offset is due without review. | Vacated and reimposed at $10, offset by 345 days’ presentencing custody. |
Key Cases Cited
- People v. Schneider, 403 Ill.App.3d 301 (2010) (remand for proper notice/hearing on counsel fees)
- People v. Spotts, 305 Ill.App.3d 702 (1999) (notice and hearing required for costs/fees)
- People v. Love, 177 Ill.2d 550 (1997) (able to assess ability to pay for appointed counsel)
- People v. Evangelista, 393 Ill.App.3d 395 (2009) (mandatory fines may be offset by custody credit)
- People v. Woodard, 175 Ill.2d 435 (1997) (allow credit for time incarcerated on appeal for fines)
- People v. Graves, 235 Ill.2d 244 (2009) (mandatory fines interpreted; offset where applicable)