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People v. Fort11/15/2005
The trial judge convicted defendant, Odell Fort, of possession of a controlled substance and sentenced him to 30 months' imprisonment. Defendant does not challenge the conviction or the sentence. He does raise issues concerning other orders that flowed from the conviction.
Defendant contends: (1) it was error to impose a $500 assessment without first determining whether he had the ability to pay it; (2) he was entitled to a credit against the assessment based on the days he spent in custody before sentencing; (3) the statute mandating a $5 fee for deposit in the Spinal Cord Injury Paralysis Cure Research Trust Fund is unconstitutional; and (4) the compulsory extraction of his blood and perpetual storage of his DNA violate his fourth amendment right to be free from unreasonable searches and seizures.
We agree defendant is entitled to the credit against the assessment and we agree the imposition of the $5 fee violates his right to due process of law. We reject his other contentions.
FACTS
Since defendant does not challenge his conviction there is no need to go into facts that led to it. Suffice it to say a police officer saw him throw six baggies into a garbage can and the baggies were found to contain crack cocaine.
At the sentencing hearing, after reviewing the presentence investigation report and hearing arguments of counsel, the trial court sentenced defendant to 30 months' imprisonment. The court noted defendant spent 37 days in custody before the conviction, but did not credit those days against the assessment.
A form in the record lists the "fines, fees, assessments, penalties, and reimbursements" imposed by the court on defendant. They total $1,224. The following boxes are marked on the form:
| $190
| $60
| $20
|
| $200
| $20
| $4
| $5
| $5
| $15
|
|
|
| $500
|
| $100
| $100
| $5
|
| $1224"
|
DECISION
I. The Drug Assessment
Defendant was ordered to pay the $500 assessment pursuant to section 411.2(a)(3) of the Illinois Controlled Substances Act (Act). 720 ILCS 570/411.2(a)(3) (West 2002). He makes two claims concerning the assessment.
First, he contends the assessment really is a fine and should not have been imposed without a finding of his ability to pay it as required by section 5-9-1(d) of the Unified Code of Corrections (Code) (730 ILCS 5/5-9-1(d) (West 2002)). Section 5-9-1(d) provides:
"In determining the amount and method of payment of a fine, * the court shall consider:
(1) The financial resources and future ability of the offender to pay the fine." 730 ILCS 5/5-9-1(d) (West 2002).
Second, he contends section 110-14 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/110-14 (West 2002)) entitles him to a $185 credit against the drug assessment because of the 37 days he spent in presentence incarceration. Section 110-14 provides:
"(a) Any person incarcerated on a bailable offense who does not supply bail and against whom a fine
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