People v. Hill
2014 IL App (3d) 120472
Ill. App. Ct.2014Background
- Bruce A. Hill pled guilty in 2009 to failure to register as a sex offender (09-CF-36) and received 24 months probation. While on that probation he was later convicted (jury) of aggravated battery and domestic battery arising from a 2011 incident (11-CF-430).
- At a joint sentencing/violation hearing the court revoked probation in 09-CF-36 and sentenced Hill to 30 months in DOC concurrent with the 30-month sentence in 11-CF-430.
- The court ordered Hill to submit a DNA sample and pay a $200 DNA analysis fee in 11-CF-430 unless a sample was already on file. The clerk’s records show $106 of bail was applied toward the DNA fee, leaving $94 unpaid. No DNA fee was assessed in 09-CF-36.
- The trial court credited Hill with only 2 days’ presentence custody in 11-CF-430 (though the record showed 4 days total) and gave no credit in 09-CF-36 despite a PSI indicating 2 days in custody. Hill moved to reconsider sentences but did not raise costs or credit issues below.
- Hill appealed, arguing (1) the $200 DNA fee in 11-CF-430 should be vacated because his DNA was previously submitted in 1995, (2) additional sentencing credit (4 days in 11-CF-430; at least 2 days in 09-CF-36), and (3) application of the $5 per-diem presentence credit against any fines.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity/assessment of $200 DNA analysis fee in 11-CF-430 | State: fee was properly ordered and only one DNA fee was assessed; clerk partially collected $106 against the $200 fee | Hill: DNA fee should be vacated because he previously submitted a DNA sample in 1995 | Court affirmed fee: no void order; fee properly imposed in 11-CF-430 and partially paid; forfeiture not excused |
| Sentencing credit for presentence custody in 11-CF-430 | State conceded remand for additional credit (but originally opposed) | Hill: entitled to 4 days (June 10–12 and Dec. 21, 2011) rather than 2 days | Remanded: amend mittimus to add 2 more days (total 4 days) |
| Sentencing credit in 09-CF-36 after probation revocation | State conceded a small clerical credit adjustment only | Hill: at least 2 days credit for presentence custody on original offense | Remanded: amend mittimus to reflect 2 days credit in 09-CF-36 |
| $5 per-diem credit against fines for days in custody | State: partially conceded as to clerical fine reduction but disputed remand scope | Hill: entitled to $5 per day credit against fines ($20 in 11-CF-430; $10 in 09-CF-36) | Remanded: trial court must enter a written order specifying each charge/fine and then apply applicable $5 per-diem credit in each case |
Key Cases Cited
- People v. Marshall, 242 Ill. 2d 285 (examining when sentencing orders are void for appellate review)
- People v. Thompson, 209 Ill. 2d 19 (void sentencing orders may be challenged on appeal)
- People v. Jimerson, 404 Ill. App. 3d 621 (judicial notice of ISP records showing prior DNA submission)
- People v. Whitmore, 313 Ill. App. 3d 117 (mandatory credit for time spent in custody)
- People v. Johnson, 396 Ill. App. 3d 1028 (credit for any part of a day in custody counts as a day)
- People v. Scheib, 76 Ill. 2d 244 (resentencing after probation revocation requires credit for presentence custody on the original offense)