People v. JohnsonAnnotate this Case
Defendant, originally charged with possession of a controlled substance with intent to deliver, was found guilty of two counts of the lesser-included offense of possession of a controlled substance. He was in custody for 344 days before sentencing. He received an extended term of five years; the court also ordered indexing of defendant's DNA, and imposed monetary charges, including a $200 DNA analysis charge pursuant to 730 ILCS 5/5-4-3(j). The appellate court affirmed the convictions and sentence, but modified his fines and fees order with regard to a $5 court system fee and a $30 children’s advocacy center charge. The court declined to modify the order with regard to the DNA analysis charge, which the court held was not subject to offset by defendant’s presentence incarceration credit. The Illinois Supreme Court affirmed. DNA analysis charge is not punitive. It is a one-time charge intended to cover the cost of analyzing the DNA sample submitted by the qualifying offender and is compensatory. .