{ "id": 5766858, "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. STANTON ADAMS, Defendant-Appellant", "name_abbreviation": "People v. Adams", "decision_date": "2006-01-24", "docket_number": "No. 1-04-2680", "first_page": "34", "last_page": "41", "citations": [ { "type": "official", "cite": "363 Ill. App. 3d 34" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "354 F.3d 675", "category": "reporters:federal", "reporter": "F.3d", "case_ids": [ 9296486 ], "year": 2004, "pin_cites": [ { "page": "679" } ], "opinion_index": 0, "case_paths": [ "/f3d/354/0675-01" ] }, { "cite": "824 N.E.2d 287", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 2004, "opinion_index": 0 }, { "cite": "212 Ill. 2d 541", "category": "reporters:state", "reporter": "Ill. 2d", "year": 2004, "opinion_index": 0 }, { "cite": "349 Ill. App. 3d 845", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5436528 ], "weight": 2, "year": 2004, "pin_cites": [ { "page": "856" }, { "page": "854" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/349/0845-01" ] }, { "cite": "816 N.E.2d 703", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 2004, "opinion_index": 0 }, { "cite": "352 Ill. App. 3d 537", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5458219 ], "year": 2004, "pin_cites": [ { "page": "549-50" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/352/0537-01" ] }, { "cite": "817 N.E.2d 1110", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 2004, "opinion_index": 0 }, { "cite": "353 Ill. App. 3d 133", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3365123 ], "year": 2004, "pin_cites": [ { "page": "154" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/353/0133-01" ] }, { "cite": "817 N.E.2d 1152", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 2004, "opinion_index": 0 }, { "cite": "352 Ill. App. 3d 1002", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5456185 ], "weight": 2, "year": 2004, "pin_cites": [ { "page": "1007-08" }, { "page": "1004-05" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/352/1002-01" ] }, { "cite": "818 N.E.2d 814", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 2004, "opinion_index": 0 }, { "cite": "353 Ill. App. 3d 475", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3364329 ], "year": 2004, "pin_cites": [ { "page": "486" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/353/0475-01" ] }, { "cite": "819 N.E.2d 1133", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 2004, "opinion_index": 0 }, { "cite": "354 Ill. App. 3d 57", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3217714 ], "year": 2004, "pin_cites": [ { "page": "68-69" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/354/0057-01" ] }, { "cite": "821 N.E.2d 733", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 2004, "pin_cites": [ { "page": "740" } ], "opinion_index": 0 }, { "cite": "354 Ill. App. 3d 564", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3216148 ], "year": 2004, "pin_cites": [ { "page": "571" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/354/0564-01" ] }, { "cite": "828 N.E.2d 1206", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 2005, "opinion_index": 0 }, { "cite": "357 Ill. App. 3d 256", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 4136423 ], "year": 2005, "pin_cites": [ { "page": "264" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/357/0256-01" ] }, { "cite": "591 N.E.2d 918", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1992, "pin_cites": [ { "parenthetical": "\"Absent a clear violation of a constitutional limitation, *** we will not interfere with the legislature's determination of the character and extent of the penalty for the crime\"" } ], "opinion_index": 0 }, { "cite": "227 Ill. App. 3d 1040", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5793161 ], "year": 1992, "pin_cites": [ { "page": "1051", "parenthetical": "\"Absent a clear violation of a constitutional limitation, *** we will not interfere with the legislature's determination of the character and extent of the penalty for the crime\"" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/227/1040-01" ] }, { "cite": "764 N.E.2d 1206", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 2002, "pin_cites": [ { "parenthetical": "\"It is well established that the legislature, under its police power, has broad discretion to define offenses and prescribe penalties and aggravating factors for the offenses\"" } ], "opinion_index": 0 }, { "cite": "327 Ill. App. 3d 1106", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 79354 ], "year": 2002, "pin_cites": [ { "page": "1113", "parenthetical": "\"It is well established that the legislature, under its police power, has broad discretion to define offenses and prescribe penalties and aggravating factors for the offenses\"" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/327/1106-01" ] }, { "cite": "217 Ill. 2d 472", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3874941 ], "weight": 2, "year": 2005, "pin_cites": [ { "page": "480" }, { "page": "480" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/217/0472-01" ] }, { "cite": "523 N.E.2d 711", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1988, "opinion_index": 0 }, { "cite": "169 Ill. App. 3d 342", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3551754 ], "weight": 3, "year": 1988, "pin_cites": [ { "page": "356-57" }, { "page": "356" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/169/0342-01" ] }, { "cite": "455 N.E.2d 48", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1983, "opinion_index": 0 }, { "cite": "97 Ill. 2d 502", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5515833 ], "weight": 4, "year": 1983, "pin_cites": [ { "page": "509" }, { "page": "510" }, { "page": "510" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/97/0502-01" ] }, { "cite": "470 N.E.2d 501", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1984, "opinion_index": 0 }, { "cite": "104 Ill. 2d 19", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3146965 ], "weight": 5, "year": 1984, "pin_cites": [ { "page": "25" }, { "page": "25" }, { "page": "24" }, { "page": "25" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/104/0019-01" ] }, { "cite": "519 N.E.2d 884", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1988, "opinion_index": 0 }, { "cite": "119 Ill. 2d 453", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3192892 ], "weight": 3, "year": 1988, "pin_cites": [ { "page": "459" }, { "page": "459" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/119/0453-01" ] }, { "cite": "650 N.E.2d 648", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1995, "opinion_index": 0 }, { "cite": "272 Ill. App. 3d 537", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 252832 ], "year": 1995, "pin_cites": [ { "page": "540" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/272/0537-01" ] }, { "cite": "144 Ill. 2d 381", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5592803 ], "year": 1991, "pin_cites": [ { "page": "390" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/144/0381-01" ] }, { "cite": "740 N.E.2d 755", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 2000, "opinion_index": 0 }, { "cite": "194 Ill. 2d 1", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 1096297 ], "year": 2000, "pin_cites": [ { "page": "24" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/194/0001-01" ] }, { "cite": "403 N.E.2d 1029", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1980, "opinion_index": 0 }, { "cite": "79 Ill. 2d 410", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3069839 ], "year": 1980, "pin_cites": [ { "page": "417" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/79/0410-01" ] }, { "cite": "416 N.E.2d 259", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1981, "opinion_index": 0 }, { "cite": "83 Ill. 2d 537", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5472805 ], "year": 1981, "pin_cites": [ { "page": "542" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/83/0537-01" ] }, { "cite": "554 N.E.2d 235", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1990, "opinion_index": 0 }, { "cite": "136 Ill. 2d 157", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3254662 ], "weight": 6, "year": 1990, "pin_cites": [ { "page": "161" }, { "page": "161" }, { "page": "161-62" }, { "page": "162" }, { "page": "161" }, { "page": "161" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/136/0157-01" ] }, { "cite": "739 N.E.2d 433", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 2000, "opinion_index": 0 }, { "cite": "193 Ill. 2d 413", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 963706 ], "year": 2000, "pin_cites": [ { "page": "418" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/193/0413-01" ] }, { "cite": "827 N.E.2d 416", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 2005, "opinion_index": 0 }, { "cite": "214 Ill. 2d 394", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 8451214 ], "weight": 3, "year": 2005, "pin_cites": [ { "page": "398" }, { "page": "399" }, { "page": "399" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/214/0394-01" ] }, { "cite": "817 N.E.2d 1152", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 2004, "pin_cites": [ { "parenthetical": "Hall, J., dissenting" } ], "opinion_index": 1 }, { "cite": "352 Ill. App. 3d 1002", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5456185 ], "year": 2004, "pin_cites": [ { "page": "1013-14", "parenthetical": "Hall, J., dissenting" } ], "opinion_index": 1, "case_paths": [ "/ill-app-3d/352/1002-01" ] } ], "analysis": { "cardinality": 880, "char_count": 16618, "ocr_confidence": 0.769, "pagerank": { "raw": 4.7492960360752035e-08, "percentile": 0.2985127704356509 }, "sha256": "7a36a11e2388383798b410640166c24d8da1fa198f77cfdafad4d6afccc5f6e1", "simhash": "1:2ab605d65b4517a0", "word_count": 2722 }, "last_updated": "2023-07-14T18:25:30.372916+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. STANTON ADAMS, Defendant-Appellant." ], "opinions": [ { "text": "JUSTICE WOLFSON\ndelivered the opinion of the court:\nFollowing a bench trial, the defendant was convicted of involuntary manslaughter, usually considered a Class 3 felony. Because the victim was the defendant\u2019s son, the offense was elevated to a Class 2 felony. 720 ILCS 5/9 \u2014 3(f) (West 2000). Defendant was sentenced to 12 years in prison. The major issue in this case is whether the change in class violates the defendant\u2019s right to due process of law. We conclude it does not.\nFACTS\nOn February 28, 2001, defendant was taking care of his son, Stanton Adams, Jr. Stanton was two months old. According to defendant, he began bouncing Stanton on his knee and tossing him in the air. The last time defendant tossed Stanton in the air and tried to catch him, Stanton slipped through his hands, hit the side of a sofa, and fell to the floor. Defendant picked Stanton up. When Stanton did not respond, defendant panicked and began shaking him. Defendant then attempted CPU. After Stanton did not respond, defendant wrote several suicide notes and attempted to kill himself. Dr. Nancy Jones, assistant medical examiner for Cook County, described Stanton\u2019s extensive injuries. Jones opined Stanton died \u201cas a result of cerebral injuries due to blunt head trauma due to child abuse.\u201d\nThe trial court found defendant guilty of involuntary manslaughter. At the sentencing hearing, the trial court found it was undisputed that the victim and defendant shared a father-son relationship. The offense was then elevated from a Class 3 felony to a Class 2 felony pursuant to section 9 \u2014 3(f) of the Criminal Code of 1961 (Code) (720 ILCS 5/9 \u2014 3(f) (West 2000)). After reviewing the presentence investigation report and hearing arguments of counsel, the trial court sentenced defendant to 12 years\u2019 imprisonment and imposed a $5,000 fine. The court noted defendant spent 1,199 days in custody before the conviction but did not credit those days against the fine.\nDECISION\nI. Section 9 \u2014 3(f)\nDefendant contends section 9 \u2014 3(f) is unconstitutional because it violates his right to due process. He contends the statute bears no rational relationship to the legislature\u2019s stated purpose, to fight and deter domestic violence.\nSection 9 \u2014 3(a) states: \u201cA person who unintentionally kills an individual without lawful justification commits involuntary manslaughter if his acts whether lawful or unlawful which cause the death are such as are likely to cause death or great bodily harm to some individual, and he performs them recklessly ***.\u201d 720 ILCS 5/9 \u2014 3(a) (West 2000). Involuntary manslaughter is generally a Class 3 felony (720 ILCS 5 \u2014 9\u20143(d)(1) (West 2000)) for which the penalty is \u201cnot less than 2 years and not more than 5 years\u201d (730 ILCS 5/5 \u2014 8\u2014 1(a)(6) (West 2000)). Section 9 \u2014 3(f), however, provides:\n\u201cIn cases involving involuntary manslaughter in which the victim was a family or household member ***, the penalty shall be a Class 2 felony, for which a person if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 3 years and not more than 14 years.\u201d 720 ILCS 5/9 \u2014 3(f) (West 2000).\nAll statutes are presumed to be constitutional. People v. Wilson, 214 Ill. 2d 394, 398, 827 N.E.2d 416 (2005). The party challenging a statute\u2019s validity bears the burden of clearly demonstrating a constitutional violation. Wilson, 214 Ill. 2d at 399. If reasonably possible, a court should construe a statute so as to confirm its constitutionality and validity. Wilson, 214 Ill. 2d at 399. Whether a statute is constitutional is a question of law we review de novo. People v. Malchow, 193 Ill. 2d 413, 418, 739 N.E.2d 433 (2000).\nUnder the State\u2019s police power, the legislature has wide discretion to establish penalties for criminal offenses. People v. Morris, 136 Ill. 2d 157, 161, 554 N.E.2d 235 (1990). Legislation will not be invalidated \u201c \u2018unless the challenged penalty is clearly in excess of the very broad and general constitutional limitations applicable.\u2019 \u201d Morris, 136 Ill. 2d at 161, quoting People ex rel. Carey v. Bentivenga, 83 Ill. 2d 537, 542, 416 N.E.2d 259 (1981). However, \u201c[n]o person shall be deprived of life, liberty or property without due process of law.\u201d 111. Const. 1970, art. I, \u00a7 2; Morris, 136 Ill. 2d at 161-62.\nWhen reviewing a statute under the due process clause, the test focuses on the enactment\u2019s purpose and objective. Morris, 136 Ill. 2d at 162; People v. Bradley, 79 Ill. 2d 410, 417, 403 N.E.2d 1029 (1980). A statute will be upheld if it \u201c \u2018bears a reasonable relationship to a public interest to be served, and the means adopted are a reasonable method of accomplishing the desired objective.\u2019 \u201d People v. Wright, 194 Ill. 2d 1, 24, 740 N.E.2d 755 (2000), quoting People v. Adams, 144 Ill. 2d 381, 390 (1991); Morris, 136 Ill. 2d at 161. To satisfy the due process clause, the penalty prescribed for a particular crime need only be reasonably tailored to remedy the evil the legislature has determined to be a threat to the public health, safety, and general welfare. People v. Anderson, 272 Ill. App. 3d 537, 540, 650 N.E.2d 648 (1995). Courts determine the reasonableness of a statute. Morris, 136 Ill. 2d at 161.\nDefendant contends section 9 \u2014 3\u00ae was enacted in order to \u201cfight and deter\u201d domestic violence. He contends section 9 \u2014 3\u00ae is not reasonably designed to implement the legislature\u2019s purpose because involuntary manslaughter is an unintentional act, and an unintentional act cannot be deterred by an enhanced penalty. See People v. Martin, 119 Ill. 2d 453, 519 N.E.2d 884 (1988); People v. Fernetti, 104 Ill. 2d 19, 470 N.E.2d 501 (1984); People v. Alejos, 97 Ill. 2d 502, 455 N.E.2d 48 (1983); People v. Land, 169 Ill. App. 3d 342, 523 N.E.2d 711 (1988).\nIn Martin, our supreme court observed that deterrence as an aggravating factor had, at best, marginal applicability to the offense of involuntary manslaughter. Martin, 119 Ill. 2d at 459. The court said \u201can enhanced penalty would have very little, if any, deterrent effect on potential offenders.\u201d Martin, 119 Ill. 2d at 459. However, the court did not address whether statutorily increasing the penalty for involuntary manslaughter under specific circumstances would violate due process. Martin involved a sentencing judge\u2019s improper consideration of the victim\u2019s death as an aggravating factor.\nIn Fernetti, our supreme court said: \u201cInvoluntary manslaughter, by statute, is defined by its \u2018unintentional\u2019 nature. [Citation.] It consists of the killing of a human being without any intent to do so.\u201d Fernetti, 104 Ill. 2d at 25. The court held involuntary manslaughter could not serve as a predicate felony under the armed violence statute. Fernetti, 104 Ill. 2d at 25. Relying on Alejos, the court held the purpose of the armed violence statute was not only to \u201c \u2018punish the criminal and protect society from him but also to deter his conduct \u2014 that of carrying the weapon while committing a felony.\u2019 \u201d Fernetti, 104 Ill. 2d at 24, quoting Alejos, 97 Ill. 2d at 509. In light of the statute\u2019s purpose, the court concluded it was \u201cdifficult to comprehend how the armed-violence provisions of the criminal code would be able to deter an unintentional act.\u201d Fernetti, 104 Ill. 2d at 25.\nIn Land, the court concluded, based on the statutory language and policy underlining the felony murder statute, that the predicate felony upon which a felony murder conviction is based must involve an intentional or knowing state of mind. Land, 169 Ill. App. 3d at 356-57. In reaching its decision, the court relied on Fernetti and said:\n\u201cThe purpose underlying the increased penalty for a murder that results during the commission of a felony is deterrence. Where an individual acts recklessly, deterrence is not possible. Consequently, a predicate conviction for a reckless act would not serve the deterrent purposes underlying the felony murder statute.\u201d Land, 169 Ill. App. 3d at 356.\nFernetti, Alejos, and Land centered on statutory construction, not due process. The decisions in Femetti, Alejos, and Land hold that involuntary manslaughter cannot be used as a predicate felony for a separate and greater offense, such as felony murder or armed violence, because the legislature could not have intended to deter unintentional conduct. However, there is no suggestion in Femetti, Alejos, or Land that a defendant\u2019s due process rights would be violated by statutorily increasing the class level of an involuntary manslaughter offense under certain specific circumstances.\nThe armed violence and felony murder statutes at question in Fernetti, Alejos, and Land were ambiguous as to whether involuntary manslaughter and other non-intentional offenses were meant to be included as predicate felonies. Since no legislative history existed to assist the court in determining legislative intent, ambiguities in the armed violence statute had to be resolved in favor of the defendant. See Alejos, 97 Ill. 2d at 510. In light of the fact that carrying a weapon was not a criminal offense in all instances and the improbability that the armed violence provision would deter unintentional acts, the court concluded the rule of lenity was appropriate and declined to apply the armed violence statute literally. Alejos, 97 Ill. 2d at 510.\nWe have considered the legislative debates concerning section 9 \u2014 3(f). Contrary to defendant\u2019s contention, the comments are vague at best, not helpful. The plain language of section 9 \u2014 3(f), however, makes it clear the legislature intended the penalty for involuntary manslaughter to be more severe under certain circumstances. We see no reason why the legislature could not have created an additional offense of involuntary manslaughter against a family or household member, imposing a Class 2 penalty. In effect that is exactly what the legislature did in this statute. No reported decision suggests the legislature violated due process rights when it did it.\nOur conclusion is supported by our supreme court\u2019s recent decision in People v. Davis, 217 Ill. 2d 472, 480 (2005), although the issue was not the one we deal with here. In Davis, an involuntary manslaughter case, the court said:\n\u201cAs noted, before defendant chose to have the jury instructed on the lesser offense, the circuit court accurately informed defendant of the penalty he faced, given that Anthony was his son. Armed with this knowledge, defendant freely elected to have the jury instructed. Given these facts, we conclude that, even assuming it was error to omit the family or household member allegation from the indictment, defendant failed to suffer any prejudice in the preparation of his defense.\u201d (Emphasis added.) Davis, 217 Ill. 2d at 480.\nIn light of the legislature\u2019s wide discretion when establishing penalties for criminal offenses, we find section 9 \u2014 3(f) is reasonably tailored to accomplish the legislature\u2019s goal. See People v. Torres, 327 Ill. App. 3d 1106, 1113, 764 N.E.2d 1206 (2002) (\u201cIt is well established that the legislature, under its police power, has broad discretion to define offenses and prescribe penalties and aggravating factors for the offenses\u201d); People v. Sesmas, 227 Ill. App. 3d 1040, 1051, 591 N.E.2d 918 (1992) (\u201cAbsent a clear violation of a constitutional limitation, *** we will not interfere with the legislature\u2019s determination of the character and extent of the penalty for the crime\u201d).\nWe find section 9 \u2014 3(f) of the Code is constitutional.\nII. Sentencing Credit\nDefendant contends, and the State agrees, the mittimus should be corrected to reflect a sentencing credit for 1,226 days, rather than 1,199 days, served in pretrial custody. We amend the mittimus to reflect a 1,226-day sentencing credit.\nIII. Custodial Credit\nIn addition to the prison term, the trial court imposed a $5,000 fine. Defendant contends, and the State agrees, he was entitled to receive a $5-per-day credit toward his fine for each day he spent in custody before sentencing. 725 ILCS 5/110 \u2014 14 (West 2000). The record reflects defendant spent 1,226 days in custody before the conviction. His fine should have been satisfied by the custodial credit. We amend his judgment to reflect the credit.\nIV DNA\nDefendant contends the compulsory extraction and perpetual storage of his DNA violate his fourth amendment right to be free from unreasonable searches and seizures under the federal and state constitutions. U.S. Const., amend. IV; 111. Const. 1970, art. I, \u00a7 6. Section 5 \u2014 4\u20143 of the Unified Code of Corrections mandates DNA sampling from any person convicted or found guilty of \u201cany offense classified as a felony under Illinois law.\u201d 730 ILCS 5/5 \u2014 4\u20143(a\u20145) (West 2000).\nThis court repeatedly has addressed this issue and rejected defendant\u2019s position. See People v. Redmond, 357 Ill. App. 3d 256, 264, 828 N.E.2d 1206 (2005); People v. Foster, 354 Ill. App. 3d 564, 571, 821 N.E.2d 733, 740 (2004); People v. Butler, 354 Ill. App. 3d 57, 68-69, 819 N.E.2d 1133 (2004); People v. Edwards, 353 Ill. App. 3d 475, 486, 818 N.E.2d 814 (2004); People v. Peppers, 352 Ill. App. 3d 1002, 1007-08, 817 N.E.2d 1152 (2004); People v. Ramos, 353 Ill. App. 3d 133, 154, 817 N.E.2d 1110 (2004); People v. Hall, 352 Ill. App. 3d 537, 549-50, 816 N.E.2d 703 (2004); People v. Garvin, 349 Ill. App. 3d 845, 856 (2004), appeal allowed, 212 Ill. 2d 541, 824 N.E.2d 287 (2004). Every state and federal court that has addressed the constitutionality of a similar DNA statute has upheld the statute. Peppers, 352 Ill. App. 3d at 1004-05, citing Green v. Berge, 354 F.3d 675, 679 (7th Cir. 2004), and Garvin, 349 Ill. App. 3d at 854.\nWe find, consistent with virtually unanimous authority, that section 5- \u2014 4'\u20143 is constitutional and defendant\u2019s constitutional rights were not violated by the order to extract his DNA.\nCONCLUSION\nFor the foregoing reasons, we affirm defendant\u2019s conviction, sentence, and entry of the DNA order. We amend the costs and fees order to reflect a credit of $5,000 against defendant\u2019s $5,000 fine, and we amend the mittimus to reflect a 1,226-day sentencing credit.\nAffirmed as modified.\nGARCIA, EJ., concurs.", "type": "majority", "author": "JUSTICE WOLFSON" }, { "text": "JUSTICE HALL,\nconcurring in part and dissenting in part:\nI concur with the majority\u2019s decision except for its conclusion that section 5 \u2014 4\u20143 of the Code (730 ILCS 5/5 \u2014 4\u20143 (West 2002), as amended by Public Act 92 \u2014 829 (Pub. Act 92 \u2014 829, eff. August 22, 2002)) is constitutional. I continue to believe that the compulsory collection and storage of DNA evidence from convicted felons is unconstitutional because it violates the offender\u2019s fourth amendment right to be free from unreasonable searches and seizures. See People v. Peppers, 352 Ill. App. 3d 1002, 1013-14, 817 N.E.2d 1152 (2004) (Hall, J., dissenting); People v. Zhani, No. 1-03-2326 (2004) (unpublished order under Supreme Court Rule 23) (Hall, J., concurring in part and dissenting in part).\nI believe that requiring DNA samples from convicted felons cannot be justified under either the special needs exception or the balancing test. In regard to the special needs exception, the mandatory collection of DNA evidence from convicted felons cannot be considered a special need since it does not serve any need above and beyond law enforcement purposes.\nUnder the balancing test, the court is charged with balancing the privacy interests of the prisoner in remaining free of bodily invasion against the State\u2019s interest in carrying out the search. However, in light of the State\u2019s predominate law enforcement interests compared to the subject prisoner\u2019s greatly reduced privacy rights, one would be hard-pressed to find a case in which the balance would not be struck in favor of the government. The balancing test favors the government to such an extent that it cannot fairly determine if the compulsory collection of DNA evidence from a prisoner, based solely on the prisoner\u2019s status as a convicted felon, is a permissible exception to the fourth amendment\u2019s requirements of probable cause and individualized suspicion. A balancing test that always favors one side is not actually a test at all. Accordingly, I respectfully concur in part and dissent in part.", "type": "concurring-in-part-and-dissenting-in-part", "author": "JUSTICE HALL," } ], "attorneys": [ "Michael J. Pelletier and Emily E. Filpi, both of State Appellate Defender\u2019s Office, of Chicago, for appellant.", "Richard A. Devine, State\u2019s Attorney, of Chicago (James E. Fitzgerald, Alan Spellberg, Michelle Katz, and Tasha-Marie Kelly, Assistant State\u2019s Attorneys, of counsel), for the People." ], "corrections": "", "head_matter": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. STANTON ADAMS, Defendant-Appellant.\nFirst District (2nd Division)\nNo. 1-04-2680\nOpinion filed January 24, 2006.\nHALL, J., concurring in part and dissenting in part.\nMichael J. Pelletier and Emily E. Filpi, both of State Appellate Defender\u2019s Office, of Chicago, for appellant.\nRichard A. Devine, State\u2019s Attorney, of Chicago (James E. Fitzgerald, Alan Spellberg, Michelle Katz, and Tasha-Marie Kelly, Assistant State\u2019s Attorneys, of counsel), for the People." }, "file_name": "0034-01", "first_page_order": 52, "last_page_order": 59 }