1. Assessing the Assessments

2. A two-pronged fix The new Court Rules The New Legislation
ISC Rules 452, 472, 557 and 558
Clarify who does what when imposing the assessments
Adds a review process, hopefully reducing mistakes
Clearly define who is responsible for what – and making sure it happens
Creates a way to remedy errors after
The Criminal and Traffic Assessment Act
Simplify the assessment procedure – make it easier for those imposing the assessments to know what to impose
Combine and streamline the imposition and collection process, eliminating errors due to confusion
Provide relief to those who cannot pay

3. Imposing the assessments
Previously, there was no procedure for who was responsible for what when it came time to impose the assessments
Judge declared sentence, someone (sometimes an ASA, sometimes a clerk) prepared the accompanying order imposing fees and fines
Problems with this:
ASAs had to know the entire assessment system or they would impose the wrong ones (or fail to impose the right ones)
Clerks had computerized systems (outside of Cook), but sometimes would make errors, and judges would not sign orders (fines are punishment, and only a judge can impose punishment)

4. The Supreme Court had enough
Issued two new rules with the same basic goal: streamline the process and reduce the errors
Makes everyone responsible for correctly imposing and reviewing the assessments
Rule 452 and 557 (for criminal and traffic cases)
Mandates that the court must “enter a written order imposing the sentence and all applicable fines, fees, assessments and costs against the defendant and specifying applicable credits.”
The State (or prosecuting authority) must draft the order
Present it to the defendant for review
Then submit to the court for final imposition
The Supreme Court had enough

5. How assessments should Now be imposed
Judge imposes sentence, including fees, fines and assessments (scheduled and conditional), as well as ordering sentencing credits (days in custody and per diem)
State (ASA) drafts written order, reflecting assessments (including the right schedule), fines and credits and presents it to the defendant for review
Defendant (most likely through counsel) reviews the order to make sure the correct assessment is imposed, and makes sure credits are applied
Both parties present the order to the judge for final review and signing

6. Eliminating Errors with review
Overriding goal: make everyone in the courtroom accountable for making the right assessments
Ensures a defendant is paying what s/he is supposed to, but not paying what s/he isn’t
Goal is to collect what should have been collected while not imposing hardship on defendants who were forced to pay assessments they shouldn’t have had to pay

7. The 13 (14) Schedules 705 ILCS 135/15 et seq.
Schedule 1: Generic felony offense
$549
Schedule 2: Felony DUI offenses
$1,709
Schedule 3: Felony drug offenses
$2,215
Schedule 4: Felony sex offenses
$1,314
Schedule 5: Generic misdemeanor offenses
$439
Schedule 6: Misdemeanor DUI offenses
$1,381
Schedule 7: Misdemeanor drug offenses
$905
Schedule 8: Misdemeanor sex offenses
$1,184
Schedule 9: Major traffic offenses
$325, $362 (Cook)
Schedule 10: Minor traffic offenses
$226, $254 (Cook)
Schedule 10.5: Truck weight/load offenses
$260
Schedule 11: Conservation offenses
$195
Schedule 12: ISC R. 529 Dispos (written guilty pleas)
$164
Schedule 13: Non-traffic, petty or business offenses
$100
The 13 (14) Schedules ILCS 135/15 et seq.

8. Conditional Assessments
1. Arson – Fire Prevention Fund
$500
2. Child Pornography
$500 per conviction
3. Crime Lab Drug Analysis
$100
4. DNA Analysis – ISP Database
$250
5. DNA Analysis – Other
$150
6. Drug-related “Full street value”
Varies
6.5 Will and Kane county assessment
$30
7. Meth offenses “street value”
8. Order of Protection Violation (1)
$200
9. Order of Protection Violation (2)
$25
10 State’s Attorney Assessment
Varies
11. Construction zone – speeding
$250
12. Vehicle Code Supervision
$.50
13. Household victim assessment
$200 per offense
14. DUI – causing accident (emergency services response)
$1,000 maximum
15. Drug-related incident
(emergency services response)
16. Reckless driving assessment
17. Certain trafficking- and prostitution-related offenses
18. Weapons violations
$100
per conviction

9. the assessments are imposed
Now what?

10. The biggest change was the addition of the assessment waiver for indigent and low-income defendants
Schedules – standardizing the assessments means steadier streams of revenue from criminal cases
Waivers – protects indigent and impoverished defendants who would never be able to pay and never will pay
Defendants who are indigent or income is less than 200% of the federal poverty level get a full waiver
Sliding scale for above 200% FPL, up to 400% of FPL
The Assessment Waiver

11. Applying for the Waiver
MUST use standardized form from the Supreme Court/AOIC
Instructions and application can be found online at Illinoiscourts.gov/forms/approved/default.asp
Can apply anytime once a case begins (complaint/indictment filed)
MUST apply within 30 days of sentencing – or no relief
Applicant/defendant may need to provide proof of indigency or income levels
Waivers are mandatory; if the defendant qualifies, the court MUST grant it

12. Indigency
Defined in the Assessment Wavier Section (725 ILCS 5/124A-20)
Anyone receiving Means-Based Public Benefits – income already vetted, so no need to show income level
Supplemental Security Income (SSI, not Social Security)
Aid to the Aged, Blind and Disabled (AABD)
Temporary Assistance for Needy Families (TANF)
Supplemental Nutrition Assistance Program (SNAP, or Food Stamps)
General Assistance, Transitional Assistance, or State Children and Family Assistance
Overall household income is less than 200% of the federal poverty level (In 2019, $12,490 for single person, $25,740 for family of four)

13. If a defendant is not indigent, they can still get relief – sliding scale
75% of assessments waived if income is between 200% and 250% of FPL
50% of assessments waived if income is between 250% and 300% of FPL
25% of assessments waived if income is between 300% and 400% of FPL
Sliding scale Waivers

14. Substantial Hardship Waivers
If, in the discretion of the court, the assessments would pose a “substantial hardship” on the defendant, the court can waive them
Court may require a hearing and ask for proof of the substantial hardship
If the waiver is denied, Court may allow applicant to defer payment of assessments, make installment payments, or other “reasonable terms”
Victim provision: If the court finds that imposition of the assessments would cause undue burden on the victim of a case, court may reduce or waive the assessments (does not require the waiver)
Substantial Hardship Waivers

15. Notices should be in every courtroom, informing defendants they have the right to apply for the waiver
Prepare the application, and be prepared to offer any kind of proof if possible
If denied, the judge MUST explain why
Judge MUST use form order from the Supreme Court/AOIC (found on the website with the waivers)
What to expect

16. Fixing the errors
(Or, what happens when everyone screws up, like they did for so many years)

17. Correction of Certain Errors in Sentencing
Rules 472 and 558 (“A Rule 472 Motion”)
“The circuit court retains jurisdiction to correct the following sentencing errors at any time following judgement[:]”
Errors in imposition or calculation of fines, fees, assessments or costs
Errors in the application of per diem credit against fines (days in custody = money saved)
Errors in the calculation of presentence custody credit (AKA the “We lawyers don’t count so good” rule)
Clerical errors in the written sentencing order or other part of the record resulting in discrepancy between the record and actual judgment.
Any time = indefinite jurisdiction, upon motion
Cannot appeal any of these decisions without first moving in the circuit court to fix the errors, but can appeal after court rules pursuant to the applicable rule