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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4118 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED:
| | 730 ILCS 115/1 | from Ch. 38, par. 204a-1 |
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Amends the Probation Community Service Act. Makes a technical change in a
Section concerning community service programs.
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| | A BILL FOR |
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| | HB4118 | | LRB098 15674 RLC 50705 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Probation Community Service Act is amended |
| 5 | | by changing Section 1 as follows:
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| 6 | | (730 ILCS 115/1) (from Ch. 38, par. 204a-1)
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| 7 | | Sec. 1.
(a) "Public or Community Service" means |
| 8 | | uncompensated labor
for a not-for-profit organization or |
| 9 | | public body whose
purpose is to enhance
physical, or mental |
| 10 | | stability of the
the offender, environmental quality or the
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| 11 | | social welfare
and which agrees to accept public or community |
| 12 | | service from offenders and
to report on the progress of the |
| 13 | | offender and the public or community
service to the court or to |
| 14 | | the authorized diversion program that has referred
the offender |
| 15 | | for public or community service. |
| 16 | | (b) "Site" means a not-for-profit organization, public
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| 17 | | body, church, charitable organization, or individual agreeing |
| 18 | | to
accept community service from offenders and to report on the |
| 19 | | progress of
ordered or required public or community service to |
| 20 | | the court or to the
authorized diversion program that has |
| 21 | | referred the offender for public or
community
service.
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| 22 | | (c) The county boards of the several counties in this State |
| 23 | | are
authorized to establish and operate agencies to develop and |
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| | HB4118 | - 2 - | LRB098 15674 RLC 50705 b |
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| 1 | | supervise programs
of public or community service for those |
| 2 | | persons placed
by the court on probation,
conditional |
| 3 | | discharge, or supervision.
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| 4 | | (d) The programs shall be developed in cooperation with the |
| 5 | | circuit courts
for the respective counties developing such |
| 6 | | programs and shall conform with
any law restricting the use of |
| 7 | | public or community service.
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| 8 | | (e) Neither the State, any local government, probation |
| 9 | | department,
public or community service program or site, nor |
| 10 | | any official, volunteer,
or employee
thereof acting in the |
| 11 | | course of their official duties shall be liable for
any injury |
| 12 | | or loss a person might receive while performing public or
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| 13 | | community service as ordered either (1) by the court or (2) by |
| 14 | | any duly
authorized station or probation adjustment, teen |
| 15 | | court, community mediation, or
other administrative diversion |
| 16 | | program authorized by the Juvenile Court Act of
1987 for a |
| 17 | | violation of a penal statute of this State or a local |
| 18 | | government
ordinance (whether penal, civil, or quasi-criminal) |
| 19 | | or for a traffic offense,
nor
shall they be liable for any
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| 20 | | tortious acts of any person performing public or community |
| 21 | | service, except
for wilful, wanton misconduct or gross |
| 22 | | negligence on the part of such
governmental unit, probation |
| 23 | | department, or public or community service
program or site
or |
| 24 | | on the part of
the official, volunteer, or employee.
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| 25 | | (f) No person assigned to a public or community service |
| 26 | | program shall be
considered an employee for any purpose, nor |