People v. Unander
936 N.E.2d 795
| Ill. App. Ct. | 2010Background
- Defendant pleaded guilty to residential burglary in October 2008; sentencing occurred January 9, 2009 with 15 years' imprisonment and 236 days' credit.
- Court ordered fines and costs including a $200 DNA assessment, a $5 drug-court fee, a $10 Arrestee's Medical Costs Fund fee, and a $20 VCVA fee.
- PSI indicated defendant had prior DNA submissions in other cases; trial court conditioned the $200 fee on whether defendant had already submitted a DNA sample.
- Defendant filed motions to reconsider; issues on presentence credit, DNA fee, Arrestee's Medical Costs Fund, and VCVA fee were raised on appeal.
- Appellate court vacates the $200 DNA fee, remands to apply presentence credit to the $5 drug-court fee, and reduces the VCVA fee to $4; otherwise affirm as modified.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Credit against drug-court fee | State concedes defendant entitled to time credit against the $5 fee. | Unpaid time served should reduce the drug-court fee. | Time credit applied to $5 drug-court fee; fee treated as a fine. |
| DNA-analysis fee vacatur | Each felony conviction requires $200 DNA fee regardless of prior samples. | Fee improper where defendant already submitted DNA; duplication under Evangelista. | Vacate the $200 DNA-analysis fee; prior submission renders further fee improper in this case. |
| Arrestee's Medical Costs Fund fee | County may collect $10 per conviction regardless of injury or costs incurred. | Fee should be offset or invalid if no medical costs were incurred. | Fee proper and not offset by presentencing credit; amended statute confirms collection irrespective of injury. |
| VCVA assessment amount | Maintain $20 VCVA in light of remaining fines. | Request reduction to reflect remaining fine total under statutory scheme. | VCVA reduced to $4 consistent with remaining fines; remand for calculation. |
Key Cases Cited
- People v. Evangelista, 393 Ill.App.3d 395 (2009) (DNA fee vacatur when DNA submitted previously)
- People v. Grayer, 935 N.E.2d 518 (2010) (DNA-analysis fee applicability across felonies debated)
- People v. Paige, 378 Ill.App.3d 95 (2007) (fees vs. fines and time served credit distinction)
- People v. Jones, 861 N.E.2d 967 (2006) (fee characterization and time credit framework)
- People v. Elcock, 396 Ill.App.3d 524 (2009) (arrested medical costs fee not covered by presentence credit)