People v. Johnson
2011 IL 111817
Ill.2011Background
- Defendant Amos Johnson was convicted by bench trial of two counts of the lesser‑included offense of possession of a controlled substance; convictions followed a 344‑day pretrial custody period.
- At sentencing, Johnson received an extended term of five years’ imprisonment and the court ordered the DNA indexing and several monetary charges, including a $200 DNA analysis charge under 730 ILCS 5/5‑4‑3(j).
- The appellate court affirmed Johnson’s convictions and sentence but modified only the fines/fees regarding a $5 court system fee and a $30 children’s advocacy center charge; the $200 DNA charge was left uncould offset.
- Johnson appealed asking whether the DNA analysis charge is subject to offset by presentence incarceration credit under 725 ILCS 5/110‑14(a).
- Statutory background: 725 ILCS 5/110‑14 provides a $5/day credit for fines for incarcerated defendants; the DNA charge is governed by 730 ILCS 5/5‑4‑3 and funded through a state DNA Offender Identification Fund.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the DNA analysis charge is a fine eligible for offset. | Johnson argues the DNA charge is a fine and thus offsettable. | State contends the DNA charge is compensatory, not punitive, and not a fine. | DNA charge not a fine; not offsettable. |
| Whether the DNA analysis charge is punitive or compensatory under the DNA database statutes. | Johnson relies on text and purpose to argue payment is punitive. | State argues charge covers costs of analysis and database maintenance. | Charge is compensatory, not punitive. |
Key Cases Cited
- People v. Tolliver, 363 Ill. App. 3d 94 (2006) (offset only applies to fines; not to other costs or fees)
- People v. Jones, 223 Ill. 2d 569 (2006) (statutory interpretation of fines vs. costs; presentence credit applicability)
- People v. Marshall, 242 Ill. 2d 285 (2011) (DNA analysis charge is compensatory and charged once; not punitive)
- Jones, 223 Ill. 2d 580 (2011) (definition of fines; de novo review for statutory interpretation)
- Rigsby, 405 Ill. App. 3d 916 (2010) (one DNA analysis suffices for database purpose; supports compensatory view)
- Brewster, 218 P.3d 249 (Wash. Ct. App. 2009) (DNA collection fee not punitive; factors for determining punishment)