People v. Johnson
174 Ill. App. 3d 812, 124 Ill. Dec. 252, 528 N.E.2d 1360 (1988)
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Rule of Law:
A condition of court-ordered supervision must be a reasonable measure aimed at the rehabilitation of the offender and cannot be a form of public ridicule or shaming that goes beyond the statutory intent of supervision.
Facts:
- Julie Ann Johnson was charged with driving under the influence of alcohol.
- The incident did not involve any accident or injury to others.
- Johnson was a young woman with a history of being a good student and had no prior criminal record.
- An evaluation concluded that Johnson did not have an alcohol or drug problem.
- As a prerequisite for granting supervision, the trial court required Johnson to agree to place an advertisement in a local newspaper containing her booking photograph and a written apology for her conduct.
- Johnson agreed to this condition.
Procedural Posture:
- Defendant Julie Ann Johnson entered a plea of guilty to driving under the influence of alcohol in the trial court.
- The trial court entered a judgment based on the plea.
- Subsequently, the trial court vacated the judgment and placed Johnson under an order of supervision.
- The order of supervision included the condition that Johnson publish her booking photograph and an apology in a local newspaper.
- Johnson appealed the propriety of this specific condition to the Illinois Appellate Court.
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Issue:
Does a condition of court supervision requiring a defendant who pleaded guilty to DUI to publish her booking photograph and a public apology in a newspaper constitute a reasonable condition related to the offense or rehabilitation under the Illinois Unified Code of Corrections?
Opinions:
Majority - Justice Lund
No. A condition of supervision requiring a defendant to publish her booking photograph and a public apology is improper because it goes beyond the rehabilitative intent of the supervision statute. The Unified Code of Corrections allows for reasonable conditions relating to the offense or the rehabilitation of the defendant, such as fines, community service, or treatment for addiction. The overall statutory intent is to aid the defendant in rehabilitation and prevent future offenses. A condition requiring public advertisement of one's booking photo and an apology, however, primarily serves as public ridicule. The court cannot determine the psychological effect of such a condition, which could be adverse to the defendant and thus inconsistent with the rehabilitative goals of the statute.
Concurring - Presiding Justice Green
No. While the condition imposed is not necessarily too severe for the serious offense of DUI, and concerns about psychological harm may be overstated, the condition must be vacated because it is far more drastic than any of the punishments specifically authorized by the supervision statute. Supervision is an exceptionally mild disposition that avoids both a criminal conviction and license revocation. The trial court's attempt to add more 'bite' is understandable, but upholding such a novel, dramatic condition would encourage other courts to create their own unusual punishments. Such conditions should be defined and authorized by the legislature after careful study, not created on an ad hoc basis by individual judges.
Analysis:
This decision clarifies the scope of a trial court's discretion when imposing 'reasonable conditions' for supervision under the Illinois Unified Code of Corrections. It establishes that conditions must be primarily rehabilitative, not punitive or aimed at public shaming. By striking down this condition, the court reinforces the conceptual difference between supervision (meant to reform) and traditional sentences (meant to punish or deter). This precedent guides lower courts to tailor supervision conditions to the specific rehabilitative needs of the offender rather than using them as a tool for public spectacle or general deterrence.
