Rule 404. Application for Waiver of Court Assessments

Rule 404. Application for Waiver of Court Assessments

(a) Contents. An Application for Waiver of Court Assessments in a criminal action pursuant

to 725 ILCS 5/124A-20 shall be in writing and signed under penalty of perjury by the applicant

or, if the applicant is a minor or an incompetent adult, by another person having knowledge of the

facts. The Application should be submitted no later than 30 days after sentencing.

(1) An applicant shall use the “Application for Waiver of Court Assessments” form

approved by the Illinois Supreme Court and the Supreme Court Commission on Access to

Justice, which includes a certification under 735 ILCS 5/1-109.

(2) The contents of the Application must be sufficient to allow a court to determine whether

an applicant qualifies for a full or partial waiver of assessments pursuant to 725 ILCS 5/124A-

20 and shall include information regarding the applicant’s household composition, receipt of

need-based public benefits, income, expenses, and nonexempt assets.

(b) Filing.

(1) No fee may be charged for filing an Application for Waiver of Court Assessments.

(2) The clerk must allow an applicant to file an Application for Waiver of Assessments in

the court where the applicant’s case will be heard.

(3) Applications for Waiver of Court Assessments by persons who are exempt from

electronic filing under Rule 9(c) may be filed in-person at the clerk of court or by United States

mail, third-party commercial carrier, deposit in a drop box receptacle maintained by the clerk,

or any other means permitted by the local court. All other Applications for Waiver of Court

Assessments shall be electronically filed.

(4) Upon filing, the clerk shall promptly transmit an Application for Waiver of Court

Assessments to the judge assigned to rule on it.

clerk of court or by United States

mail, third-party commercial carrier, deposit in a drop box receptacle maintained by the clerk,

or any other means permitted by the local court. All other Applications for Waiver of Court

Assessments shall be electronically filed.

(4) Upon filing, the clerk shall promptly transmit an Application for Waiver of Court

Assessments to the judge assigned to rule on it.

(c) Decision of Application. Applications shall be decided as soon as reasonably possible in

accordance with the following procedure:

(1) The court shall enter an order ruling on the Application on the basis of the information

contained on the face of the Application form, without conducting a hearing, unless the court

determines that relevant sections of the Application are incomplete or give rise to a factual

issue regarding the applicant’s satisfaction of the conditions for a waiver under 725 ILCS

5/124A-20(b).

(2) If the court determines that the relevant sections are incomplete or there is a factual

issue regarding the applicant’s entitlement to a waiver, outright denial is not permitted. The

applicant must be notified of the deficiencies and given the opportunity to amend the

Application and/or be given a remote hearing in accordance with Rule 45 and any Supreme

Court policy on remote court appearances, unless the applicant requests an in-person hearing

or will already be present in the courthouse on the date of the hearing. The court shall enter an

order stating: (i) the specific eligibility questions that necessitate a hearing; (ii) what

documents, if any, must be submitted in support of the Application at or before the hearing,

and how to submit them; and (iii) the date and time for a remote hearing unless the applicant

requests an in-person hearing, and the remote hearing meeting ID and password or courtroom

location, if requested to be in-person. Any hearing on the Application for Waiver of Court Fees

itate a hearing; (ii) what

documents, if any, must be submitted in support of the Application at or before the hearing,

and how to submit them; and (iii) the date and time for a remote hearing unless the applicant

requests an in-person hearing, and the remote hearing meeting ID and password or courtroom

location, if requested to be in-person. Any hearing on the Application for Waiver of Court Fees

shall be scheduled promptly, with due regard for the need to provide reasonable notice to the

applicant, but within 30 days of filing.

(3) An order deciding an Application, with or without a hearing, or scheduling a hearing,

shall use the “Order for Waiver of Criminal Court Assessments” form approved by the Illinois

Supreme Court and the Supreme Court Commission on Access to Justice. The court’s ruling

on an Application for Waiver of Assessments shall be made according to standards set forth in

725 ILCS 5/124A-20. As provided in the form Order, if the Application is denied, the court

shall enter an order to that effect specifying the reasons for the denial. If the court determines

that the conditions for a full assessment waiver are satisfied under 725 ILCS 5/124A-20(b)(1),

it shall enter an order waiving the payment of the assessments. If the court determines that the

conditions for a partial assessment waiver under 725 ILCS 5/124A-20(b)(2) are satisfied, it

shall enter an order for payment of a specified percentage of the assessments. If an Application

is denied or an Application for a partial assessment waiver is granted, the court may allow the

applicant to defer payment of the assessments, make installment payments, or make payment

upon reasonable terms and conditions stated in the order.

(d) Document Retention. Any document ordered to be submitted in support of an Application

shall be treated by the clerk as a sealed document.

an Application

is denied or an Application for a partial assessment waiver is granted, the court may allow the

applicant to defer payment of the assessments, make installment payments, or make payment

upon reasonable terms and conditions stated in the order.

(d) Document Retention. Any document ordered to be submitted in support of an Application

shall be treated by the clerk as a sealed document.

(e) Cases involving representation by public defenders, criminal legal services providers,

or attorneys in court-sponsored pro bono program. In any case where a defendant is

represented by a public defender, criminal legal services provider, or an attorney in a court-

sponsored pro bono program, the attorney representing that defendant shall file a certification with

the court, and that defendant shall be entitled to a waiver of assessments as defined in 725 ILCS

5/124A-20(a) without necessity of an Application under this rule. The certification shall be

prepared by utilizing, or substantially adopting the appearance and content of, the form provided

in the Article IV Forms Appendix. “Criminal legal services provider” means a not-for-profit

corporation that (i) employs one or more attorneys who are licensed to practice law in the State of

Illinois and who directly provide free criminal legal services or (ii) is established for the purpose

of providing free criminal legal services by an organized panel of pro bono attorneys. “Court-

sponsored pro bono program” means a pro bono program established by or in partnership with a

court in this State for the purpose of providing free criminal legal services by an organized panel

of pro bono attorneys.

Adopted Feb. 13, 2019, eff. July 1, 2019; amended May 30, 2023, eff. Sept. 1, 2023; amended Aug.

22, 2023, eff. Sept. 1, 2023; corrected Sept. 6, 2023, nunc pro tunc to Sept. 1, 2023.

Committee Comments

(May 30, 2023)

Paragraph (b)(1)

am established by or in partnership with a

court in this State for the purpose of providing free criminal legal services by an organized panel

of pro bono attorneys.

Adopted Feb. 13, 2019, eff. July 1, 2019; amended May 30, 2023, eff. Sept. 1, 2023; amended Aug.

22, 2023, eff. Sept. 1, 2023; corrected Sept. 6, 2023, nunc pro tunc to Sept. 1, 2023.

Committee Comments

(May 30, 2023)

Paragraph (b)(1). Applicants receiving assistance under one or more of the means-based

governmental public benefits programs are not required to provide any additional financial

-2-

information because they have been screened, reviewed, and approved by the relevant government

agency and regular recertification is required to maintain that benefit.

Paragraph (c). The procedure prescribed by paragraph (c) is intended to prohibit the practice

of deferring ruling on an Application for Waiver of Court Assessments until after completion of

the sentence. Criminal Assessments must be imposed by the court at the time of sentencing. Where

possible, a ruling on whether the defendant qualifies for a full or partial waiver should also be

determined at the time of sentencing, or within a reasonable time thereafter if the defendant submits

an Application under paragraph (a) or a certification under paragraph (d) after sentencing.

-3-