People v. Clark

Defendant sold cocaine to an undercover officer and was convicted of delivery of a controlled substance. He did not post bail and spent 482 days in pre-sentence custody. He was sentenced to 15 years in prison. The court imposed various fines, fees, and costs under the heading “Fees and costs not offset by the $5 per-day presentence incarceration credit.” On appeal, the defendant argued that certain charges imposed were fines, not fees. The state conceded that several of the charges were fines and the defendant withdrew his challenge to the $25 “Court Services (Sheriff)” charge. The state then conceded that the $2 Public Defender Records Automation Fund charge is a fine. The Illinois Supreme Court affirmed the classification as fees of the remaining items: the $2 Public Defender Records Automation Fund fee (55 ILCS 5/3-4012), the $2 State’s Attorney Records Automation Fund fee (section 4-2002.1(c)), the $15 Court Document Storage Fund fee (705 ILCS 105/27.3a), the $190 “Felony Complaint Filed, (Clerk)” fee (section 27.2a(w)(1)(A)), and the $15 court automation fee (section 27.3a). All of those items compensate the state for a cost related to the defendant’s prosecution and not subject to the defendant’s presentence incarceration credit. View "People v. Clark" on Justia Law