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91_SB1387eng SB1387 Engrossed 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 SB1387 Engrossed -2- LRB9109825RCks 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 serviceif so23ordered. 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 SB1387 Engrossed -3- LRB9109825RCks 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 SB1387 Engrossed -4- LRB9109825RCks 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-profitnon-profitorganization 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 SB1387 Engrossed -5- LRB9109825RCks 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-profitnon-profit8 organization,orpublic 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 serviceits 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 SB1387 Engrossed -6- LRB9109825RCks 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 SB1387 Engrossed -7- LRB9109825RCks 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-profitnon-profit16 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-profitnon-profit25 organization,orpublic 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 serviceits delegate. 31 (c) The county boards of the several counties in this 32 State are authorized to establish and operate agencies to SB1387 Engrossed -8- LRB9109825RCks 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.