SB2709 EngrossedLRB098 15093 RLC 50063 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing 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
9revocable release of an adjudicated delinquent juvenile
10committed to the Department of Juvenile Justice under the
11supervision of the Department of Juvenile Justice.
12    (1.5) "Court" means the circuit court in a session or
13division assigned to hear proceedings under this Act, and
14includes the term Juvenile Court.
15    (2) "Community service" means uncompensated labor for a
16community service agency as hereinafter defined.
17    (2.5) "Community service agency" means a not-for-profit
18organization, community organization, church, charitable
19organization, individual, public office, or other public body
20whose purpose is to enhance the physical or mental health of a
21delinquent minor or to rehabilitate the minor, or to improve
22the environmental quality or social welfare of the community
23which agrees to accept community service from juvenile

 

 

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1delinquents and to report on the progress of the community
2service to the State's Attorney pursuant to an agreement or to
3the court or to any agency designated by the court or to the
4authorized diversion program that has referred the delinquent
5minor for community service.
6    (3) "Delinquent minor" means any minor who prior to his or
7her 18th birthday has violated or attempted to violate,
8regardless of where the act occurred, any federal, State,
9county or municipal law or ordinance.
10    (4) "Department" means the Department of Human Services
11unless specifically referenced as another department.
12    (5) "Detention" means the temporary care of a minor who is
13alleged to be or has been adjudicated delinquent and who
14requires secure custody for the minor's own protection or the
15community's protection in a facility designed to physically
16restrict the minor's movements, pending disposition by the
17court or execution of an order of the court for placement or
18commitment. Design features that physically restrict movement
19include, but are not limited to, locked rooms and the secure
20handcuffing of a minor to a rail or other stationary object. In
21addition, "detention" includes the court ordered care of an
22alleged or adjudicated delinquent minor who requires secure
23custody pursuant to Section 5-125 of this Act.
24    (6) "Diversion" means the referral of a juvenile, without
25court intervention, into a program that provides services
26designed to educate the juvenile and develop a productive and

 

 

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1responsible approach to living in the community.
2    (7) "Juvenile detention home" means a public facility with
3specially trained staff that conforms to the county juvenile
4detention standards promulgated by the Department of
5Corrections.
6    (8) "Juvenile justice continuum" means a set of delinquency
7prevention programs and services designed for the purpose of
8preventing or reducing delinquent acts, including criminal
9activity by youth gangs, as well as intervention,
10rehabilitation, and prevention services targeted at minors who
11have committed delinquent acts, and minors who have previously
12been committed to residential treatment programs for
13delinquents. The term includes children-in-need-of-services
14and families-in-need-of-services programs; aftercare and
15reentry services; substance abuse and mental health programs;
16community service programs; community service work programs;
17and alternative-dispute resolution programs serving
18youth-at-risk of delinquency and their families, whether
19offered or delivered by State or local governmental entities,
20public or private for-profit or not-for-profit organizations,
21or religious or charitable organizations. This term would also
22encompass any program or service consistent with the purpose of
23those programs and services enumerated in this subsection.
24    (9) "Juvenile police officer" means a sworn police officer
25who has completed a Basic Recruit Training Course, has been
26assigned to the position of juvenile police officer by his or

 

 

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1her chief law enforcement officer and has completed the
2necessary juvenile officers training as prescribed by the
3Illinois Law Enforcement Training Standards Board, or in the
4case of a State police officer, juvenile officer training
5approved by the Director of State Police.
6    (10) "Minor" means a person under the age of 21 years
7subject to this Act.
8    (11) "Non-secure custody" means confinement where the
9minor is not physically restricted by being placed in a locked
10cell or room, by being handcuffed to a rail or other stationary
11object, or by other means. Non-secure custody may include, but
12is not limited to, electronic monitoring, foster home
13placement, home confinement, group home placement, or physical
14restriction of movement or activity solely through facility
15staff.
16    (12) "Public or community service" means uncompensated
17labor for a not-for-profit organization or public body whose
18purpose is to enhance physical or mental stability of the
19offender, environmental quality or the social welfare and which
20agrees to accept public or community service from offenders and
21to report on the progress of the offender and the public or
22community service to the court or to the authorized diversion
23program that has referred the offender for public or community
24service. "Public or community service" does not include blood
25donation or assignment to labor at a blood bank. For the
26purposes of this Act, "blood bank" has the meaning ascribed to

 

 

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1the term in Section 2-124 of the Illinois Clinical Laboratory
2and Blood Bank Act.
3    (13) "Sentencing hearing" means a hearing to determine
4whether a minor should be adjudged a ward of the court, and to
5determine what sentence should be imposed on the minor. It is
6the intent of the General Assembly that the term "sentencing
7hearing" replace the term "dispositional hearing" and be
8synonymous with that definition as it was used in the Juvenile
9Court Act of 1987.
10    (14) "Shelter" means the temporary care of a minor in
11physically unrestricting facilities pending court disposition
12or execution of court order for placement.
13    (15) "Site" means a not-for-profit organization, public
14body, church, charitable organization, or individual agreeing
15to accept community service from offenders and to report on the
16progress of ordered or required public or community service to
17the court or to the authorized diversion program that has
18referred the offender for public or community service.
19    (16) "Station adjustment" means the informal or formal
20handling of an alleged offender by a juvenile police officer.
21    (17) "Trial" means a hearing to determine whether the
22allegations of a petition under Section 5-520 that a minor is
23delinquent are proved beyond a reasonable doubt. It is the
24intent of the General Assembly that the term "trial" replace
25the term "adjudicatory hearing" and be synonymous with that
26definition as it was used in the Juvenile Court Act of 1987.

 

 

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1    The changes made to this Section by Public Act 98-61 this
2amendatory Act of the 98th General Assembly apply to violations
3or 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
69-24-13.)
 
7    Section 10. The Unified Code of Corrections is amended by
8changing 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
11uncompensated labor for a non-profit organization or public
12body whose purpose is to enhance physical or mental stability,
13environmental quality or the social welfare and which agrees to
14accept public or community service from offenders and to report
15on the progress of the public or community service to the
16court. "Public or community service" does not include blood
17donation or assignment to labor at a blood bank. For the
18purposes of this Chapter, "blood bank" has the meaning ascribed
19to the term in Section 2-124 of the Illinois Clinical
20Laboratory and Blood Bank Act.
21(Source: P.A. 85-449.)
 
22    Section 15. The Probation Community Service Act is amended
23by changing Section 1 as follows:
 

 

 

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1    (730 ILCS 115/1)  (from Ch. 38, par. 204a-1)
2    Sec. 1. (a) "Public or Community Service" means
3uncompensated labor for a not-for-profit organization or
4public body whose purpose is to enhance physical, or mental
5stability of the offender, environmental quality or the social
6welfare and which agrees to accept public or community service
7from offenders and to report on the progress of the offender
8and the public or community service to the court or to the
9authorized diversion program that has referred the offender for
10public or community service. "Public or Community Service" does
11not include blood donation or assignment to labor at a blood
12bank. For the purposes of this Act, "blood bank" has the
13meaning ascribed to the term in Section 2-124 of the Illinois
14Clinical Laboratory and Blood Bank Act.
15    (b) "Site" means a not-for-profit organization, public
16body, church, charitable organization, or individual agreeing
17to accept community service from offenders and to report on the
18progress of ordered or required public or community service to
19the court or to the authorized diversion program that has
20referred the offender for public or community service.
21    (c) The county boards of the several counties in this State
22are authorized to establish and operate agencies to develop and
23supervise programs of public or community service for those
24persons placed by the court on probation, conditional
25discharge, or supervision.

 

 

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1    (d) The programs shall be developed in cooperation with the
2circuit courts for the respective counties developing such
3programs and shall conform with any law restricting the use of
4public or community service.
5    (e) Neither the State, any local government, probation
6department, public or community service program or site, nor
7any official, volunteer, or employee thereof acting in the
8course of their official duties shall be liable for any injury
9or loss a person might receive while performing public or
10community service as ordered either (1) by the court or (2) by
11any duly authorized station or probation adjustment, teen
12court, community mediation, or other administrative diversion
13program authorized by the Juvenile Court Act of 1987 for a
14violation of a penal statute of this State or a local
15government ordinance (whether penal, civil, or quasi-criminal)
16or for a traffic offense, nor shall they be liable for any
17tortious acts of any person performing public or community
18service, except for wilful, wanton misconduct or gross
19negligence on the part of such governmental unit, probation
20department, or public or community service program or site or
21on the part of the official, volunteer, or employee.
22    (f) No person assigned to a public or community service
23program shall be considered an employee for any purpose, nor
24shall the county board be obligated to provide any compensation
25to such person.
26(Source: P.A. 91-820, eff. 6-13-00.)