Full Text of SB2709 98th General Assembly
SB2709enr 98TH GENERAL ASSEMBLY |
| | SB2709 Enrolled | | LRB098 15093 RLC 50063 b |
|
| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | changing Section 5-105 as follows:
| 6 | | (705 ILCS 405/5-105)
| 7 | | Sec. 5-105. Definitions. As used in this Article:
| 8 | | (1) "Aftercare release" means the conditional and | 9 | | revocable release of an adjudicated delinquent juvenile | 10 | | committed to the Department of Juvenile Justice under the | 11 | | supervision of the Department of Juvenile Justice. | 12 | | (1.5) "Court" means the circuit court in a session or | 13 | | division
assigned to hear proceedings under this Act, and | 14 | | includes the term Juvenile
Court.
| 15 | | (2) "Community service" means uncompensated labor for a | 16 | | community service
agency as hereinafter defined.
| 17 | | (2.5) "Community service agency" means a not-for-profit | 18 | | organization,
community
organization, church, charitable | 19 | | organization, individual, public office,
or other public body | 20 | | whose purpose is to enhance
the physical or mental health of a | 21 | | delinquent minor or to rehabilitate the
minor, or to improve | 22 | | the environmental quality or social welfare of the
community | 23 | | which agrees to accept community service from juvenile |
| | | SB2709 Enrolled | - 2 - | LRB098 15093 RLC 50063 b |
|
| 1 | | delinquents
and to report on the progress of the community | 2 | | service to the State's
Attorney pursuant to an agreement or to | 3 | | the court or to any agency designated
by the court or to the | 4 | | authorized diversion program that has referred the
delinquent | 5 | | minor for community service.
| 6 | | (3) "Delinquent minor" means any minor who prior to his or | 7 | | her 18th birthday has violated or attempted to violate, | 8 | | regardless of where the act occurred, any federal, State, | 9 | | county or municipal law or ordinance.
| 10 | | (4) "Department" means the Department of Human Services | 11 | | unless specifically
referenced as another department.
| 12 | | (5) "Detention" means the temporary care of a minor who is | 13 | | alleged to be or
has been adjudicated
delinquent and who | 14 | | requires secure custody for the minor's own
protection or the | 15 | | community's protection in a facility designed to physically
| 16 | | restrict the minor's movements, pending disposition by the | 17 | | court or
execution of an order of the court for placement or | 18 | | commitment. Design
features that physically restrict movement | 19 | | include, but are not limited to,
locked rooms and the secure | 20 | | handcuffing of a minor to a rail or other
stationary object. In | 21 | | addition, "detention" includes the court ordered
care of an | 22 | | alleged or adjudicated delinquent minor who requires secure
| 23 | | custody pursuant to Section 5-125 of this Act.
| 24 | | (6) "Diversion" means the referral of a juvenile, without | 25 | | court
intervention,
into a program that provides services | 26 | | designed to educate the juvenile and
develop a productive and |
| | | SB2709 Enrolled | - 3 - | LRB098 15093 RLC 50063 b |
|
| 1 | | responsible approach to living in the community.
| 2 | | (7) "Juvenile detention home" means a public facility with | 3 | | specially trained
staff that conforms to the county juvenile | 4 | | detention standards promulgated by
the Department of | 5 | | Corrections.
| 6 | | (8) "Juvenile justice continuum" means a set of delinquency | 7 | | prevention
programs and services designed for the purpose of | 8 | | preventing or reducing
delinquent acts, including criminal | 9 | | activity by youth gangs, as well as
intervention, | 10 | | rehabilitation, and prevention services targeted at minors who
| 11 | | have committed delinquent acts,
and minors who have previously | 12 | | been committed to residential treatment programs
for | 13 | | delinquents. The term includes children-in-need-of-services | 14 | | and
families-in-need-of-services programs; aftercare and | 15 | | reentry services;
substance abuse and mental health programs;
| 16 | | community service programs; community service
work programs; | 17 | | and alternative-dispute resolution programs serving
| 18 | | youth-at-risk of delinquency and their families, whether | 19 | | offered or delivered
by State or
local governmental entities, | 20 | | public or private for-profit or not-for-profit
organizations, | 21 | | or religious or charitable organizations. This term would also
| 22 | | encompass any program or service consistent with the purpose of | 23 | | those programs
and services enumerated in this subsection.
| 24 | | (9) "Juvenile police officer" means a sworn police officer | 25 | | who has completed
a Basic Recruit Training Course, has been | 26 | | assigned to the position of juvenile
police officer by his or |
| | | SB2709 Enrolled | - 4 - | LRB098 15093 RLC 50063 b |
|
| 1 | | her chief law enforcement officer and has completed
the | 2 | | necessary juvenile officers training as prescribed by the | 3 | | Illinois Law
Enforcement Training Standards Board, or in the | 4 | | case of a State police officer,
juvenile officer training | 5 | | approved by the Director of State
Police.
| 6 | | (10) "Minor" means a person under the age of 21 years | 7 | | subject to this Act.
| 8 | | (11) "Non-secure custody" means confinement where the | 9 | | minor is not
physically
restricted by being placed in a locked | 10 | | cell or room, by being handcuffed to a
rail or other stationary | 11 | | object, or by other means. Non-secure custody may
include, but | 12 | | is not limited to, electronic monitoring, foster home | 13 | | placement,
home confinement, group home placement, or physical | 14 | | restriction of movement or
activity solely through facility | 15 | | staff.
| 16 | | (12) "Public or community service" means uncompensated | 17 | | labor for a
not-for-profit organization
or public body whose | 18 | | purpose is to enhance physical or mental stability of the
| 19 | | offender, environmental quality or the social welfare and which | 20 | | agrees to
accept public or community service from offenders and | 21 | | to report on the progress
of the offender and the public or | 22 | | community service to the court or to the
authorized diversion | 23 | | program that has referred the offender for public or
community
| 24 | | service. "Public or community service" does not include blood | 25 | | donation or assignment to labor at a blood bank. For the | 26 | | purposes of this Act, "blood bank" has the meaning ascribed to |
| | | SB2709 Enrolled | - 5 - | LRB098 15093 RLC 50063 b |
|
| 1 | | the term in Section 2-124 of the Illinois Clinical Laboratory | 2 | | and Blood Bank Act.
| 3 | | (13) "Sentencing hearing" means a hearing to determine | 4 | | whether a minor
should
be adjudged a ward of the court, and to | 5 | | determine what sentence should be
imposed on the minor. It is | 6 | | the intent of the General Assembly that the term
"sentencing | 7 | | hearing" replace the term "dispositional hearing" and be | 8 | | synonymous
with that definition as it was used in the Juvenile | 9 | | Court Act of 1987.
| 10 | | (14) "Shelter" means the temporary care of a minor in | 11 | | physically
unrestricting facilities pending court disposition | 12 | | or execution of court order
for placement.
| 13 | | (15) "Site" means a not-for-profit organization, public
| 14 | | body, church, charitable organization, or individual agreeing | 15 | | to
accept
community service from offenders and to report on the | 16 | | progress of ordered or
required public or community service to | 17 | | the court or to the authorized
diversion program that has | 18 | | referred the offender for public or community
service.
| 19 | | (16) "Station adjustment" means the informal or formal | 20 | | handling of an
alleged
offender by a juvenile police officer.
| 21 | | (17) "Trial" means a hearing to determine whether the | 22 | | allegations of a
petition under Section 5-520 that a minor is | 23 | | delinquent are proved beyond a
reasonable doubt. It is the | 24 | | intent of the General Assembly that the term
"trial" replace | 25 | | the term "adjudicatory hearing" and be synonymous with that
| 26 | | definition as it was used in the Juvenile Court Act of 1987.
|
| | | SB2709 Enrolled | - 6 - | LRB098 15093 RLC 50063 b |
|
| 1 | | The changes made to this Section by Public Act 98-61 this | 2 | | amendatory Act of the 98th General Assembly apply to violations | 3 | | or attempted violations committed on or after January 1, 2014 | 4 | | ( the effective date of Public Act 98-61) this amendatory Act . | 5 | | (Source: P.A. 98-61, eff. 1-1-14; 98-558, eff. 1-1-14; revised | 6 | | 9-24-13.)
| 7 | | Section 10. The Unified Code of Corrections is amended by | 8 | | changing Section 5-1-18.1 as follows:
| 9 | | (730 ILCS 5/5-1-18.1) (from Ch. 38, par. 1005-1-18.1)
| 10 | | Sec. 5-1-18.1.
"Public or community service" means | 11 | | uncompensated labor
for a non-profit organization or public | 12 | | body whose purpose is to enhance
physical or mental stability, | 13 | | environmental quality or the social welfare
and which agrees to | 14 | | accept public or community service from offenders and
to report | 15 | | on the progress of the public or community service to the | 16 | | court. "Public or community service" does not include blood | 17 | | donation or assignment to labor at a blood bank. For the | 18 | | purposes of this Chapter, "blood bank" has the meaning ascribed | 19 | | to the term in Section 2-124 of the Illinois Clinical | 20 | | Laboratory and Blood Bank Act.
| 21 | | (Source: P.A. 85-449.)
| 22 | | Section 15. The Probation Community Service Act is amended | 23 | | by changing Section 1 as follows:
|
| | | SB2709 Enrolled | - 7 - | LRB098 15093 RLC 50063 b |
|
| 1 | | (730 ILCS 115/1) (from Ch. 38, par. 204a-1)
| 2 | | Sec. 1.
(a) "Public or Community Service" means | 3 | | uncompensated labor
for a not-for-profit organization or | 4 | | public body whose
purpose is to enhance
physical, or mental | 5 | | stability of the offender, environmental quality or the
social | 6 | | welfare
and which agrees to accept public or community service | 7 | | from offenders and
to report on the progress of the offender | 8 | | and the public or community
service to the court or to the | 9 | | authorized diversion program that has referred
the offender for | 10 | | public or community service. "Public or Community Service" does | 11 | | not include blood donation or assignment to labor at a blood | 12 | | bank. For the purposes of this Act, "blood bank" has the | 13 | | meaning ascribed to the term in Section 2-124 of the Illinois | 14 | | Clinical Laboratory and Blood Bank Act.
| 15 | | (b) "Site" means a not-for-profit organization, public
| 16 | | body, church, charitable organization, or individual agreeing | 17 | | to
accept community service from offenders and to report on the | 18 | | progress of
ordered or required public or community service to | 19 | | the court or to the
authorized diversion program that has | 20 | | referred the offender for public or
community
service.
| 21 | | (c) The county boards of the several counties in this State | 22 | | are
authorized to establish and operate agencies to develop and | 23 | | supervise programs
of public or community service for those | 24 | | persons placed
by the court on probation,
conditional | 25 | | discharge, or supervision.
|
| | | SB2709 Enrolled | - 8 - | LRB098 15093 RLC 50063 b |
|
| 1 | | (d) The programs shall be developed in cooperation with the | 2 | | circuit courts
for the respective counties developing such | 3 | | programs and shall conform with
any law restricting the use of | 4 | | public or community service.
| 5 | | (e) Neither the State, any local government, probation | 6 | | department,
public or community service program or site, nor | 7 | | any official, volunteer,
or employee
thereof acting in the | 8 | | course of their official duties shall be liable for
any injury | 9 | | or loss a person might receive while performing public or
| 10 | | community service as ordered either (1) by the court or (2) by | 11 | | any duly
authorized station or probation adjustment, teen | 12 | | court, community mediation, or
other administrative diversion | 13 | | program authorized by the Juvenile Court Act of
1987 for a | 14 | | violation of a penal statute of this State or a local | 15 | | government
ordinance (whether penal, civil, or quasi-criminal) | 16 | | or for a traffic offense,
nor
shall they be liable for any
| 17 | | tortious acts of any person performing public or community | 18 | | service, except
for wilful, wanton misconduct or gross | 19 | | negligence on the part of such
governmental unit, probation | 20 | | department, or public or community service
program or site
or | 21 | | on the part of
the official, volunteer, or employee.
| 22 | | (f) No person assigned to a public or community service | 23 | | program shall be
considered an employee for any purpose, nor | 24 | | shall the county board be
obligated to provide any compensation | 25 | | to such person.
| 26 | | (Source: P.A. 91-820, eff. 6-13-00.)
|
|