State of Illinois
91st General Assembly
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Public Act 91-0820

SB1387 Enrolled                                LRB9109825RCks

    AN ACT in relation to public and community service.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The Juvenile Court Act of 1987 is amended by
changing Sections 1-12, 1-13, and 5-105 and  adding  Sections
5-160 and 5-165 as follows:

    (705 ILCS 405/1-12) (from Ch. 37, par. 801-12)
    Sec.   1-12.   Neither  the  State,  any  unit  of  local
government, probation department, public or community service
program or site, nor any  official,  volunteer,  or  employee
thereof  acting  in the course of their official duties shall
be liable for any injury or loss a person might receive while
performing public or community service as ordered either  (1)
by  the  court  or  (2)  by  any  duly  authorized station or
probation adjustment, teen  court,  community  mediation,  or
other administrative diversion program authorized by this Act
for  a  violation of a penal statute of this State or a local
government    ordinance    (whether    penal,    civil,    or
quasi-criminal) or for a traffic offense, nor shall  they  be
liable  for any tortious acts of any person performing public
or community service, except for wilful, wanton misconduct or
gross negligence on  the  part  of  such  governmental  unit,
probation  department, or public or community service program
or site or  on  the  part  of  the  official,  volunteer,  or
employee.
(Source: P.A. 85-1209.)

    (705 ILCS 405/1-13) (from Ch. 37, par. 801-13)
    Sec.  1-13.   No  minor assigned to a public or community
service program by either a court or an authorized  diversion
program  shall be considered an employee for any purpose, nor
shall  the  county  board  be  obligated   to   provide   any
compensation to such minor.
(Source: P.A. 85-1209.)

    (705 ILCS 405/5-105)
    Sec. 5-105.  Definitions. As used in this Article:
    (1)  "Court"  means  the  circuit  court  in a session or
division assigned to hear proceedings  under  this  Act,  and
includes the term Juvenile Court.
    (2)  "Community  service" means uncompensated labor for a
community service agency as hereinafter defined.
    (2.5)  "Community service agency" means a  not-for-profit
organization,   community  organization,  church,  charitable
organization, individual, public office, or other public body
whose purpose is to enhance the physical or mental health  of
a  delinquent  minor  or  to  rehabilitate  the  minor, or to
improve the environmental quality or social  welfare  of  the
community  which  agrees  to  accept  community  service from
juvenile delinquents and to report on  the  progress  of  the
community  service  to  the  State's  Attorney pursuant to an
agreement or to the court or to any agency designated by  the
court  or  to  the  authorized  diversion  program  that  has
referred  the  delinquent  minor  for community service if so
ordered.
    (3)  "Delinquent minor" means any minor who prior to  his
or  her  17th  birthday has violated or attempted to violate,
regardless of where the act occurred, any  federal  or  State
law, county or municipal ordinance.
    (4)  "Department"  means the Department of Human Services
unless specifically referenced as another department.
    (5)  "Detention" means the temporary care of a minor  who
is  alleged  to be or has been adjudicated delinquent and who
requires secure custody for the minor's own protection or the
community's protection in a facility designed  to  physically
restrict  the  minor's  movements, pending disposition by the
court or execution of an order of the court for placement  or
commitment.    Design   features   that  physically  restrict
movement include, but are not limited to,  locked  rooms  and
the  secure  handcuffing  of  a  minor  to  a  rail  or other
stationary object.  In  addition,  "detention"  includes  the
court  ordered  care  of an alleged or adjudicated delinquent
minor who requires secure custody pursuant to  Section  5-125
of this Act.
    (6)  "Diversion"   means  the  referral  of  a  juvenile,
without court intervention,  into  a  program  that  provides
services  designed  to  educate  the  juvenile  and develop a
productive  and  responsible  approach  to  living   in   the
community.
    (7)  "Juvenile  detention  home"  means a public facility
with specially trained staff  that  conforms  to  the  county
juvenile detention standards promulgated by the Department of
Corrections.
    (8)  "Juvenile   justice   continuum"   means  a  set  of
delinquency prevention programs and services designed for the
purpose of preventing or reducing delinquent acts,  including
criminal  activity  by  youth gangs, as well as intervention,
rehabilitation, and prevention services  targeted  at  minors
who  have  committed  delinquent  acts,  and  minors who have
previously been committed to residential  treatment  programs
for        delinquents.         The       term       includes
children-in-need-of-services and families-in-need-of-services
programs; aftercare and reentry services; substance abuse and
mental health programs; community service programs; community
service work  programs;  and  alternative-dispute  resolution
programs  serving  youth-at-risk  of  delinquency  and  their
families,  whether  offered  or  delivered  by State or local
governmental  entities,  public  or  private  for-profit   or
not-for-profit  organizations,  or  religious  or  charitable
organizations.  This term would also encompass any program or
service  consistent  with  the  purpose of those programs and
services enumerated in this subsection.
    (9)  "Juvenile  police  officer"  means  a  sworn  police
officer who has completed a Basic  Recruit  Training  Course,
has  been assigned to the position of juvenile police officer
by his or her chief law enforcement officer and has completed
the necessary juvenile officers training as prescribed by the
Illinois Law Enforcement Training Standards Board, or in  the
case  of  a  State  police officer, juvenile officer training
approved by the Director of State Police.
    (10)  "Minor" means a person under the age  of  21  years
subject to this Act.
    (11)  "Non-secure  custody"  means  confinement where the
minor is not physically  restricted  by  being  placed  in  a
locked  cell  or room, by being handcuffed to a rail or other
stationary object, or by other means.  Non-secure custody may
include, but is not limited to, electronic monitoring, foster
home placement, home confinement, group  home  placement,  or
physical  restriction  of movement or activity solely through
facility staff.
    (12)  "Public or community service"  means  uncompensated
labor  for a not-for-profit non-profit organization or public
body whose purpose is to enhance physical or mental stability
of the offender, environmental quality or the social  welfare
and  which  agrees to accept public or community service from
offenders and to report on the progress of the  offender  and
the  public  or  community  service  to  the  court or to the
authorized diversion program that has referred  the  offender
for public or community service.
    (13)  "Sentencing  hearing"  means a hearing to determine
whether a minor should be adjudged a ward of the  court,  and
to  determine  what  sentence should be imposed on the minor.
It is the intent  of  the  General  Assembly  that  the  term
"sentencing hearing" replace the term "dispositional hearing"
and  be synonymous with that definition as it was used in the
Juvenile Court Act of 1987.
    (14)  "Shelter" means the temporary care of  a  minor  in
physically unrestricting facilities pending court disposition
or execution of court order for placement.
    (15)  "Site"    means    a    not-for-profit   non-profit
organization,   or   public    body,    church,    charitable
organization,  or  individual  agreeing  to  accept community
service from offenders and  to  report  on  the  progress  of
ordered  or required public or community service to the court
or to the authorized diversion program that has referred  the
offender for public or community service its delegate.
    (16)  "Station  adjustment"  means the informal or formal
handling of an alleged offender by a juvenile police officer.
    (17)  "Trial" means a hearing to  determine  whether  the
allegations of a petition under Section 5-520 that a minor is
delinquent  are  proved beyond a reasonable doubt.  It is the
intent of the General Assembly that the term "trial"  replace
the  term  "adjudicatory hearing" and be synonymous with that
definition as it was used in the Juvenile Court Act of 1987.
(Source: P.A. 90-590, eff. 1-1-99.)

    (705 ILCS 405/5-160 new)
    Sec. 5-160.  Liability  for  injury,  loss,  or  tortious
acts.   Neither  the  State  or any unit of local government,
probation department, or public or community service  program
or  site,  nor  any  official,  volunteer, or employee of the
State or a unit of local  government,  probation  department,
public  or  community  service  program or site acting in the
course of his or her official duties shall be liable for  any
injury or loss a person might receive while performing public
or  community  service  as ordered either (1) by the court or
(2) by any duly authorized station  adjustment  or  probation
adjustment,   teen   court,  community  mediation,  or  other
administrative diversion program authorized by this Act for a
violation of a  penal  statute  of  this  State  or  a  local
government    ordinance    (whether    penal,    civil,    or
quasi-criminal)  or  for a traffic offense, nor shall they be
liable for any tortious acts of any person performing  public
or community service, except for wilful, wanton misconduct or
gross  negligence  on  the  part  of  the  governmental unit,
probation department, or public or community service  program
or  site  or  on  the  part  of  the  official, volunteer, or
employee.

    (705 ILCS 405/5-165 new)
    Sec. 5-165.  Minor as employee.  No minor assigned  to  a
public  or  community service program by either a court or an
authorized diversion program is considered  an  employee  for
any  purpose,  nor  is  the county board obligated to provide
compensation to the minor.

    Section 10.  The Unified Code of Corrections  is  amended
by changing Section 5-5-7 as follows:

    (730 ILCS 5/5-5-7) (from Ch. 38, par. 1005-5-7)

    (Text  of  Section WITHOUT the changes made by P.A. 89-7,
which has been held unconstitutional)
    Sec. 5-5-7.  Neither the  State,  any  local  government,
probation  department, public or community service program or
site, nor any official, volunteer, or employee thereof acting
in the course of their official duties shall  be  liable  for
any  injury  or  loss a person might receive while performing
public or community service as  ordered  either  (1)  by  the
court  or  (2)  by  any  duly authorized station or probation
adjustment,  teen  court,  community  mediation,   or   other
administrative  diversion  program authorized by the Juvenile
Court Act of 1987 for a violation of a penal statute of  this
State  or a local government ordinance (whether penal, civil,
or quasi-criminal) or for a traffic offense, nor  shall  they
be  liable  for  any  tortious  acts of any person performing
public  or  community  service,  except  for  wilful,  wanton
misconduct  or  gross  negligence  on  the   part   of   such
governmental   unit,   probation  department,  or  public  or
community  service  program  or  site,   or   the   official,
volunteer, or employee.
(Source: P.A. 85-449.)

    Section  15.  The  Probation  Community  Service  Act  is
amended by changing Section 1 as follows:

    (730 ILCS 115/1) (from Ch. 38, par. 204a-1)
    Sec.   1.    (a)  "Public  or  Community  Service"  means
uncompensated   labor   for   a   not-for-profit   non-profit
organization or public  body  whose  purpose  is  to  enhance
physical,  or mental stability of the offender, environmental
quality or the social welfare  and  which  agrees  to  accept
public  or  community service from offenders and to report on
the progress of the offender  and  the  public  or  community
service  to  the court or to the authorized diversion program
that has  referred  the  offender  for  public  or  community
service.
    (b)  "Site"    means    a    not-for-profit    non-profit
organization,    or    public    body,   church,   charitable
organization, or  individual  agreeing  to  accept  community
service  from  offenders  and  to  report  on the progress of
ordered or required public or community service to the  court
or  to the authorized diversion program that has referred the
offender for public or community service its delegate.
    (c)  The county boards of the several  counties  in  this
State  are  authorized  to  establish and operate agencies to
develop and supervise programs of public or community service
for  those  persons  placed  by  the  court   on   probation,
conditional discharge, or supervision.
    (d)  The  programs shall be developed in cooperation with
the circuit courts for  the  respective  counties  developing
such  programs and shall conform with any law restricting the
use of public or community service.
    (e)  Neither the State, any local  government,  probation
department,  public or community service program or site, nor
any official, volunteer, or employee thereof  acting  in  the
course  of  their  official  duties  shall  be liable for any
injury or loss a person might receive while performing public
or community service as ordered either (1) by  the  court  or
(2)  by  any duly authorized station or probation adjustment,
teen court,  community  mediation,  or  other  administrative
diversion  program  authorized  by  the Juvenile Court Act of
1987 for a violation of a penal statute of this  State  or  a
local   government   ordinance   (whether  penal,  civil,  or
quasi-criminal) or for a traffic offense, nor shall  they  be
liable  for any tortious acts of any person performing public
or community service, except for wilful, wanton misconduct or
gross negligence on  the  part  of  such  governmental  unit,
probation  department, or public or community service program
or site or  on  the  part  of  the  official,  volunteer,  or
employee.
    (f)  No  person assigned to a public or community service
program shall be considered an employee for any purpose,  nor
shall   the   county   board  be  obligated  to  provide  any
compensation to such person.
(Source: P.A. 85-449.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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