Case remanded for reassessment of correct fines and fees. Otherwise, the 21 year armed robbery convictions stands.

People v. Dillard, 2014 IL App (3d) 121020 (July).

Facts

After a stipulated bench trial, the trial court found defendant guilty of armed robbery with a firearm (720 ILCS 5/18-2(a)(2)) and sentenced him to 21 years’ incarceration. The sentencing order mandated that “a judgment be entered against the defendant for costs.” 

Included in the record on appeal is a document from the Peoria County circuit clerk’s office titled “CASE PAYMENTS.” The case payments sheet does not bear any indication the court reviewed the information or approved the clerk’s calculation prior to the sentencing hearing

 Appellate court has said they need to stop doing that.

Issue

He was only appealing the various fines and fees that were tallied into the clerk’s costs sheets.

 He specifically was challenging these fees:

• $250 DNA Fee
• $100  fine for Violent Crime Victims Assistance Fund (VCV) (725 ILCS 240/10(c)
•  $30 fine for State Police Services Fund (730 ILCS 5/5-9.17 }
• $14.75 in drug court fines (55 ILCS 5/5-1101(f)
• $15 State Police Operations Assistance Fund fine (705 ILCS 105/27.3a (6)
• $50 court fund fine (55 ILCS 5/5-1101(c) 

See Also the Post on Illinois Fines & Costs, and also see The Illinois Sentencing Guide.

Analysis

The VCV assessment constitutes a fine and, although mandatory, may not be imposed by the circuit clerk absent a specific order from
the court. 

Yes, a sentencing judge may delegate the task of calculating the statutorily mandated minimum fines and costs to the clerk. However, delegating the task of calculating costs to a circuit clerk does not relieve the trial court of its obligation to oversee the clerk’s good-faith efforts by correcting any improper monetary charges in the clerk’s tally sheet.

Here, we cannot discern whether the trial court intended to impose any mandated fines in the case at bar. In addition, the clerk’s tally sheet is not a substitute for a written court order regarding fines.

We vacate all other fines inaccurately labeled in the circuit clerk’s tally sheet as “costs.”

Judge’s Homework

Appellate court gave the trial judge homework.

We remand the matter to the trial court with directions to conduct its own independent review of the clerk’s payments sheet and recalculate all of the financial charges, including mandatory fines,which defendant must pay according to statute. Thereafter, the trial court is directed to enter a
written order clearly stating the nature of the financial charges defendant is ordered to pay and identifying the total amount due after properly applying all necessary credits required by existing case law and applicable statutes. The trial court should provide defendant a copy of this order without delay.

Appellate court should have just listed the mandatory fines and fees for us all.