People v. Kerns
966 N.E.2d 514
Ill. App. Ct.2012Background
- Defendant Jonathan Kerns was convicted of criminal sexual assault and sentenced to seven years’ imprisonment.
- The trial court imposed a two-year term of mandatory supervised release (MSR).
- DOC inmate records listed the MSR term as 3 years to Life–To Be Determined.
- Kerns appeals, arguing the DOC-imposed MSR term is void and the trial court should set a specific MSR term under 5-8-1(d)(4).
- Illinois courts hold MSR is part of the sentence and the trial court, not the DOC, must set MSR within statutory guidelines, with MSR for this offense ranging from 3 years to natural life.
- The court remands to the trial court to impose an indeterminate MSR term of 3 years to natural life under 5-8-1(d)(4).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the DOC-imposed MSR term void? | Kerns contends DOC lacked authority to impose MSR term. | Kerns acknowledges MSR must conform to 5-8-1(d)(4) and that the DOC should not impose a fixed term. | Yes; DOC term void; remand to impose indeterminate MSR 3 years to natural life. |
| Does 5-8-1(d)(4) require a determinate term within the range or permit indeterminate MSR? | The statute provides a range and implies selecting a specific determinate term. | The statute contemplates indeterminate MSR terms for offenses listed in 5-8-1(d)(4). | Indeterminate MSR within 3 years to natural life is authorized. |
| Who has the authority to set the MSR term? | Trial court has sole authority to sentence, including MSR, within statutory guidelines. | DOC/P.R.B. can terminate MSR, but cannot set the MSR term itself. | Trial court has exclusive authority to impose MSR; remand to set MSR. |
Key Cases Cited
- People v. Rinehart, 2012 IL 111719 (2012) (5-8-1(d)(4) contemplates indeterminate MSR terms)
- People v. Whitfield, 217 Ill. 2d 177 (2005) (MSR is part of a defendant’s sentence)
- People v. Thompson, 209 Ill. 2d 19 (2004) (sentence not authorized by statute is void)
- People v. Alcozer, 241 Ill. 2d 248 (2011) (statutory construction; de novo review)
- Hawkins, 2011 IL 110792 (2011) (read statute as a whole; give effect to every word)