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91_SB1387ham001
LRB9109825RCpkam
1 AMENDMENT TO SENATE BILL 1387
2 AMENDMENT NO. . Amend Senate Bill 1387 by replacing
3 the title with the following:
4 "AN ACT concerning public and community service."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 1. Short title. This Act may be cited as the
8 Public and Appellate Defender Immunity Act.
9 Section 5. Immunity. No public defender, assistant
10 public defender, appellate defender, or assistant appellate
11 defender, acting within the scope of his or her employment or
12 contract, nor any person or entity employing, supervising,
13 assisting, or contracting for the services of a public
14 defender, assistant public defender, appellate defender, or
15 assistant appellate defender, is liable for any damages in
16 tort, contract, or otherwise, in which the plaintiff seeks
17 damages by reason of legal or professional malpractice,
18 except for willful and wanton misconduct.
19 Section 10. The Juvenile Court Act of 1987 is amended by
20 changing Sections 1-12, 1-13, and 5-105 and adding Sections
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1 5-160 and 5-165 as follows:
2 (705 ILCS 405/1-12) (from Ch. 37, par. 801-12)
3 Sec. 1-12. Neither the State, any unit of local
4 government, probation department, public or community service
5 program or site, nor any official, volunteer, or employee
6 thereof acting in the course of their official duties shall
7 be liable for any injury or loss a person might receive while
8 performing public or community service as ordered either (1)
9 by the court or (2) by any duly authorized station or
10 probation adjustment, teen court, community mediation, or
11 other administrative diversion program authorized by this Act
12 for a violation of a penal statute of this State or a local
13 government ordinance (whether penal, civil, or
14 quasi-criminal) or for a traffic offense, nor shall they be
15 liable for any tortious acts of any person performing public
16 or community service, except for wilful, wanton misconduct or
17 gross negligence on the part of such governmental unit,
18 probation department, or public or community service program
19 or site or on the part of the official, volunteer, or
20 employee.
21 (Source: P.A. 85-1209.)
22 (705 ILCS 405/1-13) (from Ch. 37, par. 801-13)
23 Sec. 1-13. No minor assigned to a public or community
24 service program by either a court or an authorized diversion
25 program shall be considered an employee for any purpose, nor
26 shall the county board be obligated to provide any
27 compensation to such minor.
28 (Source: P.A. 85-1209.)
29 (705 ILCS 405/5-105)
30 Sec. 5-105. Definitions. As used in this Article:
31 (1) "Court" means the circuit court in a session or
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1 division assigned to hear proceedings under this Act, and
2 includes the term Juvenile Court.
3 (2) "Community service" means uncompensated labor for a
4 community service agency as hereinafter defined.
5 (2.5) "Community service agency" means a not-for-profit
6 organization, community organization, church, charitable
7 organization, individual, public office, or other public body
8 whose purpose is to enhance the physical or mental health of
9 a delinquent minor or to rehabilitate the minor, or to
10 improve the environmental quality or social welfare of the
11 community which agrees to accept community service from
12 juvenile delinquents and to report on the progress of the
13 community service to the State's Attorney pursuant to an
14 agreement or to the court or to any agency designated by the
15 court or to the authorized diversion program that has
16 referred the delinquent minor for community service if so
17 ordered.
18 (3) "Delinquent minor" means any minor who prior to his
19 or her 17th birthday has violated or attempted to violate,
20 regardless of where the act occurred, any federal or State
21 law, county or municipal ordinance.
22 (4) "Department" means the Department of Human Services
23 unless specifically referenced as another department.
24 (5) "Detention" means the temporary care of a minor who
25 is alleged to be or has been adjudicated delinquent and who
26 requires secure custody for the minor's own protection or the
27 community's protection in a facility designed to physically
28 restrict the minor's movements, pending disposition by the
29 court or execution of an order of the court for placement or
30 commitment. Design features that physically restrict
31 movement include, but are not limited to, locked rooms and
32 the secure handcuffing of a minor to a rail or other
33 stationary object. In addition, "detention" includes the
34 court ordered care of an alleged or adjudicated delinquent
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1 minor who requires secure custody pursuant to Section 5-125
2 of this Act.
3 (6) "Diversion" means the referral of a juvenile,
4 without court intervention, into a program that provides
5 services designed to educate the juvenile and develop a
6 productive and responsible approach to living in the
7 community.
8 (7) "Juvenile detention home" means a public facility
9 with specially trained staff that conforms to the county
10 juvenile detention standards promulgated by the Department of
11 Corrections.
12 (8) "Juvenile justice continuum" means a set of
13 delinquency prevention programs and services designed for the
14 purpose of preventing or reducing delinquent acts, including
15 criminal activity by youth gangs, as well as intervention,
16 rehabilitation, and prevention services targeted at minors
17 who have committed delinquent acts, and minors who have
18 previously been committed to residential treatment programs
19 for delinquents. The term includes
20 children-in-need-of-services and families-in-need-of-services
21 programs; aftercare and reentry services; substance abuse and
22 mental health programs; community service programs; community
23 service work programs; and alternative-dispute resolution
24 programs serving youth-at-risk of delinquency and their
25 families, whether offered or delivered by State or local
26 governmental entities, public or private for-profit or
27 not-for-profit organizations, or religious or charitable
28 organizations. This term would also encompass any program or
29 service consistent with the purpose of those programs and
30 services enumerated in this subsection.
31 (9) "Juvenile police officer" means a sworn police
32 officer who has completed a Basic Recruit Training Course,
33 has been assigned to the position of juvenile police officer
34 by his or her chief law enforcement officer and has completed
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1 the necessary juvenile officers training as prescribed by the
2 Illinois Law Enforcement Training Standards Board, or in the
3 case of a State police officer, juvenile officer training
4 approved by the Director of State Police.
5 (10) "Minor" means a person under the age of 21 years
6 subject to this Act.
7 (11) "Non-secure custody" means confinement where the
8 minor is not physically restricted by being placed in a
9 locked cell or room, by being handcuffed to a rail or other
10 stationary object, or by other means. Non-secure custody may
11 include, but is not limited to, electronic monitoring, foster
12 home placement, home confinement, group home placement, or
13 physical restriction of movement or activity solely through
14 facility staff.
15 (12) "Public or community service" means uncompensated
16 labor for a not-for-profit non-profit organization or public
17 body whose purpose is to enhance physical or mental stability
18 of the offender, environmental quality or the social welfare
19 and which agrees to accept public or community service from
20 offenders and to report on the progress of the offender and
21 the public or community service to the court or to the
22 authorized diversion program that has referred the offender
23 for public or community service.
24 (13) "Sentencing hearing" means a hearing to determine
25 whether a minor should be adjudged a ward of the court, and
26 to determine what sentence should be imposed on the minor.
27 It is the intent of the General Assembly that the term
28 "sentencing hearing" replace the term "dispositional hearing"
29 and be synonymous with that definition as it was used in the
30 Juvenile Court Act of 1987.
31 (14) "Shelter" means the temporary care of a minor in
32 physically unrestricting facilities pending court disposition
33 or execution of court order for placement.
34 (15) "Site" means a not-for-profit non-profit
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1 organization, or public body, church, charitable
2 organization, or individual agreeing to accept community
3 service from offenders and to report on the progress of
4 ordered or required public or community service to the court
5 or to the authorized diversion program that has referred the
6 offender for public or community service its delegate.
7 (16) "Station adjustment" means the informal or formal
8 handling of an alleged offender by a juvenile police officer.
9 (17) "Trial" means a hearing to determine whether the
10 allegations of a petition under Section 5-520 that a minor is
11 delinquent are proved beyond a reasonable doubt. It is the
12 intent of the General Assembly that the term "trial" replace
13 the term "adjudicatory hearing" and be synonymous with that
14 definition as it was used in the Juvenile Court Act of 1987.
15 (Source: P.A. 90-590, eff. 1-1-99.)
16 (705 ILCS 405/5-160 new)
17 Sec. 5-160. Liability for injury, loss, or tortious
18 acts. Neither the State or any unit of local government,
19 probation department, or public or community service program
20 or site, nor any official, volunteer, or employee of the
21 State or a unit of local government, probation department,
22 public or community service program or site acting in the
23 course of his or her official duties shall be liable for any
24 injury or loss a person might receive while performing public
25 or community service as ordered either (1) by the court or
26 (2) by any duly authorized station adjustment or probation
27 adjustment, teen court, community mediation, or other
28 administrative diversion program authorized by this Act for a
29 violation of a penal statute of this State or a local
30 government ordinance (whether penal, civil, or
31 quasi-criminal) or for a traffic offense, nor shall they be
32 liable for any tortious acts of any person performing public
33 or community service, except for wilful, wanton misconduct or
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1 gross negligence on the part of the governmental unit,
2 probation department, or public or community service program
3 or site or on the part of the official, volunteer, or
4 employee.
5 (705 ILCS 405/5-165 new)
6 Sec. 5-165. Minor as employee. No minor assigned to a
7 public or community service program by either a court or an
8 authorized diversion program is considered an employee for
9 any purpose, nor is the county board obligated to provide
10 compensation to the minor.
11 Section 15. The Unified Code of Corrections is amended
12 by changing Section 5-5-7 as follows:
13 (730 ILCS 5/5-5-7) (from Ch. 38, par. 1005-5-7)
14 (Text of Section WITHOUT the changes made by P.A. 89-7,
15 which has been held unconstitutional)
16 Sec. 5-5-7. Neither the State, any local government,
17 probation department, public or community service program or
18 site, nor any official, volunteer, or employee thereof acting
19 in the course of their official duties shall be liable for
20 any injury or loss a person might receive while performing
21 public or community service as ordered either (1) by the
22 court or (2) by any duly authorized station or probation
23 adjustment, teen court, community mediation, or other
24 administrative diversion program authorized by the Juvenile
25 Court Act of 1987 for a violation of a penal statute of this
26 State or a local government ordinance (whether penal, civil,
27 or quasi-criminal) or for a traffic offense, nor shall they
28 be liable for any tortious acts of any person performing
29 public or community service, except for wilful, wanton
30 misconduct or gross negligence on the part of such
31 governmental unit, probation department, or public or
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1 community service program or site, or the official,
2 volunteer, or employee.
3 (Source: P.A. 85-449.)
4 Section 20. The Probation Community Service Act is
5 amended by changing Section 1 as follows:
6 (730 ILCS 115/1) (from Ch. 38, par. 204a-1)
7 Sec. 1. (a) "Public or Community Service" means
8 uncompensated labor for a not-for-profit non-profit
9 organization or public body whose purpose is to enhance
10 physical, or mental stability of the offender, environmental
11 quality or the social welfare and which agrees to accept
12 public or community service from offenders and to report on
13 the progress of the offender and the public or community
14 service to the court or to the authorized diversion program
15 that has referred the offender for public or community
16 service.
17 (b) "Site" means a not-for-profit non-profit
18 organization, or public body, church, charitable
19 organization, or individual agreeing to accept community
20 service from offenders and to report on the progress of
21 ordered or required public or community service to the court
22 or to the authorized diversion program that has referred the
23 offender for public or community service its delegate.
24 (c) The county boards of the several counties in this
25 State are authorized to establish and operate agencies to
26 develop and supervise programs of public or community service
27 for those persons placed by the court on probation,
28 conditional discharge, or supervision.
29 (d) The programs shall be developed in cooperation with
30 the circuit courts for the respective counties developing
31 such programs and shall conform with any law restricting the
32 use of public or community service.
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1 (e) Neither the State, any local government, probation
2 department, public or community service program or site, nor
3 any official, volunteer, or employee thereof acting in the
4 course of their official duties shall be liable for any
5 injury or loss a person might receive while performing public
6 or community service as ordered either (1) by the court or
7 (2) by any duly authorized station or probation adjustment,
8 teen court, community mediation, or other administrative
9 diversion program authorized by the Juvenile Court Act of
10 1987 for a violation of a penal statute of this State or a
11 local government ordinance (whether penal, civil, or
12 quasi-criminal) or for a traffic offense, nor shall they be
13 liable for any tortious acts of any person performing public
14 or community service, except for wilful, wanton misconduct or
15 gross negligence on the part of such governmental unit,
16 probation department, or public or community service program
17 or site or on the part of the official, volunteer, or
18 employee.
19 (f) No person assigned to a public or community service
20 program shall be considered an employee for any purpose, nor
21 shall the county board be obligated to provide any
22 compensation to such person.
23 (Source: P.A. 85-449.)
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.".