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91_SB1387
LRB9109825RCks
1 AN ACT in relation to public and community service.
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 Sections 1-12, 1-13, and 5-105 and adding Sections
6 5-160 and 5-165 as follows:
7 (705 ILCS 405/1-12) (from Ch. 37, par. 801-12)
8 Sec. 1-12. Neither the State, any unit of local
9 government, probation department, public or community service
10 program or site, nor any official, volunteer, or employee
11 thereof acting in the course of their official duties shall
12 be liable for any injury or loss a person might receive while
13 performing public or community service as ordered either (1)
14 by the court or (2) by any duly authorized station or
15 probation adjustment, teen court, community mediation, or
16 other administrative diversion program authorized by this Act
17 for a violation of a penal statute of this State or a local
18 government ordinance (whether penal, civil, or
19 quasi-criminal) or for a traffic offense, nor shall they be
20 liable for any tortious acts of any person performing public
21 or community service, except for wilful, wanton misconduct or
22 gross negligence on the part of such governmental unit,
23 probation department, or public or community service program
24 or site or on the part of the official, volunteer, or
25 employee.
26 (Source: P.A. 85-1209.)
27 (705 ILCS 405/1-13) (from Ch. 37, par. 801-13)
28 Sec. 1-13. No minor assigned to a public or community
29 service program by either a court or an authorized diversion
30 program shall be considered an employee for any purpose, nor
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1 shall the county board be obligated to provide any
2 compensation to such minor.
3 (Source: P.A. 85-1209.)
4 (705 ILCS 405/5-105)
5 Sec. 5-105. Definitions. As used in this Article:
6 (1) "Court" means the circuit court in a session or
7 division assigned to hear proceedings under this Act, and
8 includes the term Juvenile Court.
9 (2) "Community service" means uncompensated labor for a
10 community service agency as hereinafter defined.
11 (2.5) "Community service agency" means a not-for-profit
12 organization, community organization, church, charitable
13 organization, individual, public office, or other public body
14 whose purpose is to enhance the physical or mental health of
15 a delinquent minor or to rehabilitate the minor, or to
16 improve the environmental quality or social welfare of the
17 community which agrees to accept community service from
18 juvenile delinquents and to report on the progress of the
19 community service to the State's Attorney pursuant to an
20 agreement or to the court or to any agency designated by the
21 court or to the authorized diversion program that has
22 referred the delinquent minor for community service if so
23 ordered.
24 (3) "Delinquent minor" means any minor who prior to his
25 or her 17th birthday has violated or attempted to violate,
26 regardless of where the act occurred, any federal or State
27 law, county or municipal ordinance.
28 (4) "Department" means the Department of Human Services
29 unless specifically referenced as another department.
30 (5) "Detention" means the temporary care of a minor who
31 is alleged to be or has been adjudicated delinquent and who
32 requires secure custody for the minor's own protection or the
33 community's protection in a facility designed to physically
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1 restrict the minor's movements, pending disposition by the
2 court or execution of an order of the court for placement or
3 commitment. Design features that physically restrict
4 movement include, but are not limited to, locked rooms and
5 the secure handcuffing of a minor to a rail or other
6 stationary object. In addition, "detention" includes the
7 court ordered care of an alleged or adjudicated delinquent
8 minor who requires secure custody pursuant to Section 5-125
9 of this Act.
10 (6) "Diversion" means the referral of a juvenile,
11 without court intervention, into a program that provides
12 services designed to educate the juvenile and develop a
13 productive and responsible approach to living in the
14 community.
15 (7) "Juvenile detention home" means a public facility
16 with specially trained staff that conforms to the county
17 juvenile detention standards promulgated by the Department of
18 Corrections.
19 (8) "Juvenile justice continuum" means a set of
20 delinquency prevention programs and services designed for the
21 purpose of preventing or reducing delinquent acts, including
22 criminal activity by youth gangs, as well as intervention,
23 rehabilitation, and prevention services targeted at minors
24 who have committed delinquent acts, and minors who have
25 previously been committed to residential treatment programs
26 for delinquents. The term includes
27 children-in-need-of-services and families-in-need-of-services
28 programs; aftercare and reentry services; substance abuse and
29 mental health programs; community service programs; community
30 service work programs; and alternative-dispute resolution
31 programs serving youth-at-risk of delinquency and their
32 families, whether offered or delivered by State or local
33 governmental entities, public or private for-profit or
34 not-for-profit organizations, or religious or charitable
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1 organizations. This term would also encompass any program or
2 service consistent with the purpose of those programs and
3 services enumerated in this subsection.
4 (9) "Juvenile police officer" means a sworn police
5 officer who has completed a Basic Recruit Training Course,
6 has been assigned to the position of juvenile police officer
7 by his or her chief law enforcement officer and has completed
8 the necessary juvenile officers training as prescribed by the
9 Illinois Law Enforcement Training Standards Board, or in the
10 case of a State police officer, juvenile officer training
11 approved by the Director of State Police.
12 (10) "Minor" means a person under the age of 21 years
13 subject to this Act.
14 (11) "Non-secure custody" means confinement where the
15 minor is not physically restricted by being placed in a
16 locked cell or room, by being handcuffed to a rail or other
17 stationary object, or by other means. Non-secure custody may
18 include, but is not limited to, electronic monitoring, foster
19 home placement, home confinement, group home placement, or
20 physical restriction of movement or activity solely through
21 facility staff.
22 (12) "Public or community service" means uncompensated
23 labor for a not-for-profit non-profit organization or public
24 body whose purpose is to enhance physical or mental stability
25 of the offender, environmental quality or the social welfare
26 and which agrees to accept public or community service from
27 offenders and to report on the progress of the offender and
28 the public or community service to the court or to the
29 authorized diversion program that has referred the offender
30 for public or community service.
31 (13) "Sentencing hearing" means a hearing to determine
32 whether a minor should be adjudged a ward of the court, and
33 to determine what sentence should be imposed on the minor.
34 It is the intent of the General Assembly that the term
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1 "sentencing hearing" replace the term "dispositional hearing"
2 and be synonymous with that definition as it was used in the
3 Juvenile Court Act of 1987.
4 (14) "Shelter" means the temporary care of a minor in
5 physically unrestricting facilities pending court disposition
6 or execution of court order for placement.
7 (15) "Site" means a not-for-profit non-profit
8 organization, or public body, church, charitable
9 organization, or individual agreeing to accept community
10 service from offenders and to report on the progress of
11 ordered or required public or community service to the court
12 or to the authorized diversion program that has referred the
13 offender for public or community service its delegate.
14 (16) "Station adjustment" means the informal or formal
15 handling of an alleged offender by a juvenile police officer.
16 (17) "Trial" means a hearing to determine whether the
17 allegations of a petition under Section 5-520 that a minor is
18 delinquent are proved beyond a reasonable doubt. It is the
19 intent of the General Assembly that the term "trial" replace
20 the term "adjudicatory hearing" and be synonymous with that
21 definition as it was used in the Juvenile Court Act of 1987.
22 (Source: P.A. 90-590, eff. 1-1-99.)
23 (705 ILCS 405/5-160 new)
24 Sec. 5-160. Liability for injury, loss, or tortious
25 acts. Neither the State or any unit of local government,
26 probation department, or public or community service program
27 or site, nor any official, volunteer, or employee of the
28 State or a unit of local government, probation department,
29 public or community service program or site acting in the
30 course of his or her official duties shall be liable for any
31 injury or loss a person might receive while performing public
32 or community service as ordered either (1) by the court or
33 (2) by any duly authorized station adjustment or probation
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1 adjustment, teen court, community mediation, or other
2 administrative diversion program authorized by this Act for a
3 violation of a penal statute of this State or a local
4 government ordinance (whether penal, civil, or
5 quasi-criminal) or for a traffic offense, nor shall they be
6 liable for any tortious acts of any person performing public
7 or community service, except for wilful, wanton misconduct or
8 gross negligence on the part of the governmental unit,
9 probation department, or public or community service program
10 or site or on the part of the official, volunteer, or
11 employee.
12 (705 ILCS 405/5-165 new)
13 Sec. 5-165. Minor as employee. No minor assigned to a
14 public or community service program by either a court or an
15 authorized diversion program is considered an employee for
16 any purpose, nor is the county board obligated to provide
17 compensation to the minor.
18 Section 10. The Unified Code of Corrections is amended
19 by changing Section 5-5-7 as follows:
20 (730 ILCS 5/5-5-7) (from Ch. 38, par. 1005-5-7)
21 (Text of Section WITHOUT the changes made by P.A. 89-7,
22 which has been held unconstitutional)
23 Sec. 5-5-7. Neither the State, any local government,
24 probation department, public or community service program or
25 site, nor any official, volunteer, or employee thereof acting
26 in the course of their official duties shall be liable for
27 any injury or loss a person might receive while performing
28 public or community service as ordered either (1) by the
29 court or (2) by any duly authorized station or probation
30 adjustment, teen court, community mediation, or other
31 administrative diversion program authorized by the Juvenile
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1 Court Act of 1987 for a violation of a penal statute of this
2 State or a local government ordinance (whether penal, civil,
3 or quasi-criminal) or for a traffic offense, nor shall they
4 be liable for any tortious acts of any person performing
5 public or community service, except for wilful, wanton
6 misconduct or gross negligence on the part of such
7 governmental unit, probation department, or public or
8 community service program or site, or the official,
9 volunteer, or employee.
10 (Source: P.A. 85-449.)
11 Section 15. The Probation Community Service Act is
12 amended by changing Section 1 as follows:
13 (730 ILCS 115/1) (from Ch. 38, par. 204a-1)
14 Sec. 1. (a) "Public or Community Service" means
15 uncompensated labor for a not-for-profit non-profit
16 organization or public body whose purpose is to enhance
17 physical, or mental stability of the offender, environmental
18 quality or the social welfare and which agrees to accept
19 public or community service from offenders and to report on
20 the progress of the offender and the public or community
21 service to the court or to the authorized diversion program
22 that has referred the offender for public or community
23 service.
24 (b) "Site" means a not-for-profit non-profit
25 organization, or public body, church, charitable
26 organization, or individual agreeing to accept community
27 service from offenders and to report on the progress of
28 ordered or required public or community service to the court
29 or to the authorized diversion program that has referred the
30 offender for public or community service its delegate.
31 (c) The county boards of the several counties in this
32 State are authorized to establish and operate agencies to
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1 develop and supervise programs of public or community service
2 for those persons placed by the court on probation,
3 conditional discharge, or supervision.
4 (d) The programs shall be developed in cooperation with
5 the circuit courts for the respective counties developing
6 such programs and shall conform with any law restricting the
7 use of public or community service.
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
12 injury or loss a person might receive while performing public
13 or community service as ordered either (1) by the court or
14 (2) by any duly authorized station or probation adjustment,
15 teen court, community mediation, or other administrative
16 diversion program authorized by the Juvenile Court Act of
17 1987 for a violation of a penal statute of this State or a
18 local government ordinance (whether penal, civil, or
19 quasi-criminal) or for a traffic offense, nor shall they be
20 liable for any tortious acts of any person performing public
21 or community service, except for wilful, wanton misconduct or
22 gross negligence on the part of such governmental unit,
23 probation department, or public or community service program
24 or site or on the part of the official, volunteer, or
25 employee.
26 (f) No person assigned to a public or community service
27 program shall be considered an employee for any purpose, nor
28 shall the county board be obligated to provide any
29 compensation to such person.
30 (Source: P.A. 85-449.)
31 Section 99. Effective date. This Act takes effect upon
32 becoming law.