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People v. Ross

Court of Appeals of Illinois, Third District

May 7, 2019

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee,
v.
ARTIS J. ROSS, Defendant-Appellant.

          Modified upon denial of rehearing June 25, 2019

          Appeal from the Circuit Court of Will County, No. 14-CF-2393; the Hon. Edward A. Burmila Jr., Judge, presiding.

          James E. Chadd, Peter A. Carusona, and Santiago A. Durango, of State Appellate Defender’s Office, of Ottawa, for appellant

          James 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.

          Panel JUSTICE McDADE delivered the judgment of the court, with opinion. Presiding Justice Schmidt and Justice Holdridge concurred in the judgment and opinion.

          OPINION

          McDADE, JUSTICE

         ¶1 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 He argues that a portion of his probation fee, which he paid in full, should be refunded because his probation was revoked.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).

         ¶2 I. BACKGROUND

         ¶3 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.

         ¶4 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.

         ¶5 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.

         ¶6 II. ANALYSIS

         ¶7 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 forfeited.

         ¶8 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 ...


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