People v. Folks 

Illinois Appellate Court
Criminal Court
Fines and Fees
Citation
Case Number: 
No. 4-09-0579
Decision Date: 
Tuesday, December 28, 2010
District: 
4th Dist.
Division/County: 
McLean Co.
Holding: 
Affirmed as modified.
Justice: 
MYERSCOUGH
Defendant pled guilty to unlawful use of weapon by felon and aggravated battery, and was sentenced to nine years imprisonment; plea agreement also provided for imposition of court costs and fees. Circuit clerk lacked authority to impose fines, and lacked authority to reduce to zero the DNA analysis assessment. Drug-court and children's advocacy center assessments are fines, rather than fees, and thus must be imposed by the court, not the circuit clerk. (KNECHT and POPE, concurring.)