People v. Riley
984 N.E.2d 128
Ill. App. Ct.2013Background
- Defendant DeJuan Riley was convicted of possession of cannabis after a bench trial.
- Sentencing included two years’ imprisonment and nearly $1,200 in fines and fees, with some credits applied.
- At sentencing, Riley sought a $5-per-day credit for 210 days of home confinement plus 50 days in jail pre-sentencing.
- The court awarded 100 days’ credit (50 jail days doubled) and allowed a separate credit for electronic monitoring.
- The court also imposed a $200 DNA analysis fee under section 5-4-3 and applied a $500 monetary credit under section 110-14 for 100 days of presentence custody.
- On appeal, Riley challenged (1) the per diem credit for home confinement and (2) the DNA analysis fee; the appellate court vacated in part and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Per diem credit applicability for home confinement days | Riley seeks $5/day credit for all 210 days of home confinement. | Riley argues credit should cover all pre-sentence confinement days. | Per diem credit limited to days actually incarcerated; remand to recalc credit. |
| DNA analysis fee validity when DNA already in database | DNA fee should apply regardless of prior DNA collection. | DNA analysis fee should be vacated when DNA already collected. | DNA analysis fee vacated on remand. |
Key Cases Cited
- People v. Hare, 119 Ill. 2d 441 (Ill. 1988) (established per diem credit for incarceration against fines)
- People v. Robinson, 391 Ill. App. 3d 822 (Ill. App. 2009) (discussed scope of credits against fines)
- Kuhns, 372 Ill. App. 3d 829 (Ill. App. 2007) (dissent on interpretation of 'incarceration' vs. 'custody' for 110-14 credit)
- Beachem v. People, 229 Ill. 2d 237 (Ill. 2008) (clarified custody vs. incarceration; supports narrower 110-14 credit)
- People v. Caballero, 228 Ill. 2d 79 (Ill. 2008) (related to sentencing credits and 5-4.5-100(b))
- People v. Marshall, 242 Ill. 2d 285 (Ill. 2011) (DNA fee appellate consideration; supports vacatur)
