People v. Dalton 

Illinois Appellate Court
Criminal Court
Fines and Fees
Citation
Case Number: 
No. 2-09-0458
Decision Date: 
Wednesday, December 29, 2010
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed in part and vacated in part.
Justice: 
McLAREN
Defendant was convicted of predatory criminal sexual assault of a child. Court ordered sentence of incarceration and lifetime MSR, but did not indicate whether any fees or fines were to be assessed. Public defender fee must be vacated, as clerk of court had no authority to impose fee without notice and hearing before the trial court. Pretrial bond supervision fee must be vacated, as Defendant never posted bond and thus never utilized pretrial services. Ex post facto principles do not apply to Clerk Operation and Administrative Fund assessment, which is a fee for services resulting from conviction, or to State's Attorney Fee, which is compensation for professional services. Sex Offender Investigation Fund Fine is a fine, and as statute authorizing it was not in effect at time of offense, imposition of the fine violated ex post facto principles and must be vacated. (JORGENSEN and HUDSON, concurring.)