People v. Scalise
40 N.E.3d 427
Ill. App. Ct.2015Background
- Ronald A. Scalise pleaded guilty to two counts of predatory criminal sexual assault of a child (counts I & II) in exchange for dismissal of four other counts and agreed total costs of $6,056, satisfied from his $50,000 bond.
- At sentencing the court imposed consecutive 12-year terms on each count, ordered DNA to be provided, and entered a written costs order listing a $500 "Sex Crimes (State offender DNA database)" assessment and a separate $200 DNA analysis fee (citing the same statute).
- Defendant later filed a postconviction petition raising ineffective assistance, coercion of the plea, and excessiveness of sentence; the petition was advanced to second stage but ultimately dismissed; defendant appealed only the financial assessment(s).
- The majority held the $500 sex-crimes assessment was unauthorized by the statute cited at sentencing and therefore void; it considered but rejected that the charge was instead the separate mandatory $500 sex-offender fine because that law took effect after the offenses and could not be applied retroactively.
- The court also concluded the judgment failed to include a statutorily mandatory $100 sexual-assault fine per conviction that was applicable to predatory criminal sexual assault of a child, and modified the judgment to add two $100 fines (total $200) and ordered a $300 refund to defendant of the $500 previously applied.
- Justice Wright dissented, arguing forfeiture should bar this belated challenge to an agreed monetary component of the plea, and contending many of the fee calculations were mutually negotiated and that net adjustments (if any) were minimal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of $500 "sex crimes" assessment | State: part of negotiated costs, not to be altered | Scalise: assessment not authorized by cited statute and/or was an ex post facto imposition | $500 assessment vacated as unauthorized under cited statute; cannot be sustained as post-facto sex-offender fine |
| Whether $500 was instead mandated sex-offender fine (ex post facto) | State: court intended/parties agreed to $500 fine as part of plea | Scalise: offenses predate statute imposing mandatory $500 fine; cannot be applied | Court: mandatory $500 sex-offender fine enacted after offenses — would violate ex post facto; cannot be applied |
| Omission of mandatory $100 sexual-assault fine per count | State did not argue; plea agreement covered total costs | Scalise: challenged the overall financial charges including $500 item | Court: $100 sexual-assault fine per conviction was mandatory and omitted; judgment void to extent it lacked those fines; court modified sentence to add $200 total |
| Remedy/refund and plea integrity | State: negotiated plea stands; minor fee adjustments do not void plea | Scalise: seeks correction/refund of improper charges | Court ordered $300 refund (applied $500 minus newly imposed $200 mandatory fines) and held plea remains valid despite fee corrections |
Key Cases Cited
- People v. Hunter, 358 Ill. App. 3d 1085 (explaining courts may not impose costs not authorized by statute)
- People v. Dalton, 406 Ill. App. 3d 158 (vacating sex-offender fine as ex post facto when law enacted after offense)
- People v. Montiel, 365 Ill. App. 3d 601 (discussion on informing defendants of all statutorily required fines/fees in plea agreements)
- People v. Thompson, 209 Ill. 2d 19 (appellate courts’ authority to vacate void orders sua sponte)
- People v. Arna, 168 Ill. 2d 107 (a sentence that fails to conform to statutory requirements is void)
- People v. Marshall, 242 Ill. 2d 285 (clarified DNA fee is payable once per defendant)
- People v. Caballero, 228 Ill. 2d 79 (forfeiture doctrine and limited circumstances to excuse forfeiture)