Illinois Appellate Court
Criminal Court
Restitution
In a case of first impression, the appellate court considered whether a defendant is entitled to return of funds paid when a defendant is ordered to pay court costs, fees, and restitution but the conviction is subsequently vacated and, if so, what procedure should be followed. The appellate court held that the funds must be returned by the circuit court and further held that substantial procedural hurdles may not be imposed on a defendant’s right to return of the funds. (GAMRATH, concurring and HYMAN, specially concurring)