Modified upon denial of rehearing June 25, 2019
from the Circuit Court of Will County, No. 14-CF-2393; the
Hon. Edward A. Burmila Jr., Judge, presiding.
E. Chadd, Peter A. Carusona, and Santiago A. Durango, of
State Appellate Defender’s Office, of Ottawa, for
W. Glasgow, State’s Attorney, of Joliet (Patrick
Delfino, Thomas D. Arado, and Justin A. Nicolosi, of
State’s Attorneys Appellate Prosecutor’s Office,
of counsel), for the People.
JUSTICE McDADE delivered the judgment of the court, with
opinion. Presiding Justice Schmidt and Justice Holdridge
concurred in the judgment and opinion.
Defendant, Artis J. Ross, appeals following the revocation of
his probation and subsequent sentencing to the Department of
Corrections. He argues that a portion of his probation fee,
which he paid in full, should be refunded because his
probation was revoked. We remand the matter pursuant to
Illinois Supreme Court Rule 472(e) (eff. May 17, 2019).
The State charged defendant with unlawful possession of a
controlled substance (720 ILCS 570/402(c) (West 2014)). On
February 16, 2016, the court sentenced defendant to a term of
30 months' probation.
The court also ordered defendant to pay $1664 in monetary
assessments. Defendant received $1060 in monetary presentence
custody credit, reducing his costs subtotal to $604. The
court then imposed a probation fee of $600. The resulting sum
of $1204 was fully offset by defendant's bond deposit of
$2000. The assessments order thus provided defendant with a
refund of $796.
On July 14, 2016, the State filed an amended petition to
revoke defendant's probation. On October 27, 2016,
defendant admitted to the allegations in the petition, and
the court revoked his probation. Defendant was remanded to
custody on that date and remained in custody through his
resentencing. On January 6, 2017, the court resentenced
defendant to a term of 5½ years' imprisonment. The
court did not issue a new monetary assessments order or
otherwise modify its original assessments.
On appeal, defendant contends that the $600 probation fee
imposed by the court, which was paid in full out of his bond
deposit, contemplated 30 months of probation. Because
defendant only spent eight months under the supervision of
probation services, he argues that he is entitled to a $440
refund of this assessment. The State concedes that defendant
is not obligated to pay a fee for time in which he was not on
probation and that a person in his position would ordinarily
be entitled to a refund. However, the State points out that
defendant failed to raise this issue at any point in the
circuit court and argues that the matter is therefore
Section 5-6-3(i) of the Unified Code of Corrections mandates
that the circuit court shall impose "a fee of $50 for
each month of probation or conditional discharge supervision
or supervised community service ordered by the court, unless
after determining the inability of the person sentenced to
probation or conditional discharge or supervised community
service to pay the fee, the court assesses a lesser
fee." 730 ILCS 5/5-6-3(i) (West 2016). That same
subsection specifies that "[t]he fee ...