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Public Act 91-0820
SB1387 Enrolled LRB9109825RCks
AN ACT in relation to public and community service.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Juvenile Court Act of 1987 is amended by
changing Sections 1-12, 1-13, and 5-105 and adding Sections
5-160 and 5-165 as follows:
(705 ILCS 405/1-12) (from Ch. 37, par. 801-12)
Sec. 1-12. Neither the State, any unit of local
government, probation department, public or community service
program or site, nor any official, volunteer, or employee
thereof acting in the course of their official duties shall
be liable for any injury or loss a person might receive while
performing public or community service as ordered either (1)
by the court or (2) by any duly authorized station or
probation adjustment, teen court, community mediation, or
other administrative diversion program authorized by this Act
for a violation of a penal statute of this State or a local
government ordinance (whether penal, civil, or
quasi-criminal) or for a traffic offense, nor shall they be
liable for any tortious acts of any person performing public
or community service, except for wilful, wanton misconduct or
gross negligence on the part of such governmental unit,
probation department, or public or community service program
or site or on the part of the official, volunteer, or
employee.
(Source: P.A. 85-1209.)
(705 ILCS 405/1-13) (from Ch. 37, par. 801-13)
Sec. 1-13. No minor assigned to a public or community
service program by either a court or an authorized diversion
program shall be considered an employee for any purpose, nor
shall the county board be obligated to provide any
compensation to such minor.
(Source: P.A. 85-1209.)
(705 ILCS 405/5-105)
Sec. 5-105. Definitions. As used in this Article:
(1) "Court" means the circuit court in a session or
division assigned to hear proceedings under this Act, and
includes the term Juvenile Court.
(2) "Community service" means uncompensated labor for a
community service agency as hereinafter defined.
(2.5) "Community service agency" means a not-for-profit
organization, community organization, church, charitable
organization, individual, public office, or other public body
whose purpose is to enhance the physical or mental health of
a delinquent minor or to rehabilitate the minor, or to
improve the environmental quality or social welfare of the
community which agrees to accept community service from
juvenile delinquents and to report on the progress of the
community service to the State's Attorney pursuant to an
agreement or to the court or to any agency designated by the
court or to the authorized diversion program that has
referred the delinquent minor for community service if so
ordered.
(3) "Delinquent minor" means any minor who prior to his
or her 17th birthday has violated or attempted to violate,
regardless of where the act occurred, any federal or State
law, county or municipal ordinance.
(4) "Department" means the Department of Human Services
unless specifically referenced as another department.
(5) "Detention" means the temporary care of a minor who
is alleged to be or has been adjudicated delinquent and who
requires secure custody for the minor's own protection or the
community's protection in a facility designed to physically
restrict the minor's movements, pending disposition by the
court or execution of an order of the court for placement or
commitment. Design features that physically restrict
movement include, but are not limited to, locked rooms and
the secure handcuffing of a minor to a rail or other
stationary object. In addition, "detention" includes the
court ordered care of an alleged or adjudicated delinquent
minor who requires secure custody pursuant to Section 5-125
of this Act.
(6) "Diversion" means the referral of a juvenile,
without court intervention, into a program that provides
services designed to educate the juvenile and develop a
productive and responsible approach to living in the
community.
(7) "Juvenile detention home" means a public facility
with specially trained staff that conforms to the county
juvenile detention standards promulgated by the Department of
Corrections.
(8) "Juvenile justice continuum" means a set of
delinquency prevention programs and services designed for the
purpose of preventing or reducing delinquent acts, including
criminal activity by youth gangs, as well as intervention,
rehabilitation, and prevention services targeted at minors
who have committed delinquent acts, and minors who have
previously been committed to residential treatment programs
for delinquents. The term includes
children-in-need-of-services and families-in-need-of-services
programs; aftercare and reentry services; substance abuse and
mental health programs; community service programs; community
service work programs; and alternative-dispute resolution
programs serving youth-at-risk of delinquency and their
families, whether offered or delivered by State or local
governmental entities, public or private for-profit or
not-for-profit organizations, or religious or charitable
organizations. This term would also encompass any program or
service consistent with the purpose of those programs and
services enumerated in this subsection.
(9) "Juvenile police officer" means a sworn police
officer who has completed a Basic Recruit Training Course,
has been assigned to the position of juvenile police officer
by his or her chief law enforcement officer and has completed
the necessary juvenile officers training as prescribed by the
Illinois Law Enforcement Training Standards Board, or in the
case of a State police officer, juvenile officer training
approved by the Director of State Police.
(10) "Minor" means a person under the age of 21 years
subject to this Act.
(11) "Non-secure custody" means confinement where the
minor is not physically restricted by being placed in a
locked cell or room, by being handcuffed to a rail or other
stationary object, or by other means. Non-secure custody may
include, but is not limited to, electronic monitoring, foster
home placement, home confinement, group home placement, or
physical restriction of movement or activity solely through
facility staff.
(12) "Public or community service" means uncompensated
labor for a not-for-profit non-profit organization or public
body whose purpose is to enhance physical or mental stability
of the offender, environmental quality or the social welfare
and which agrees to accept public or community service from
offenders and to report on the progress of the offender and
the public or community service to the court or to the
authorized diversion program that has referred the offender
for public or community service.
(13) "Sentencing hearing" means a hearing to determine
whether a minor should be adjudged a ward of the court, and
to determine what sentence should be imposed on the minor.
It is the intent of the General Assembly that the term
"sentencing hearing" replace the term "dispositional hearing"
and be synonymous with that definition as it was used in the
Juvenile Court Act of 1987.
(14) "Shelter" means the temporary care of a minor in
physically unrestricting facilities pending court disposition
or execution of court order for placement.
(15) "Site" means a not-for-profit non-profit
organization, or public body, church, charitable
organization, or individual agreeing to accept community
service from offenders and to report on the progress of
ordered or required public or community service to the court
or to the authorized diversion program that has referred the
offender for public or community service its delegate.
(16) "Station adjustment" means the informal or formal
handling of an alleged offender by a juvenile police officer.
(17) "Trial" means a hearing to determine whether the
allegations of a petition under Section 5-520 that a minor is
delinquent are proved beyond a reasonable doubt. It is the
intent of the General Assembly that the term "trial" replace
the term "adjudicatory hearing" and be synonymous with that
definition as it was used in the Juvenile Court Act of 1987.
(Source: P.A. 90-590, eff. 1-1-99.)
(705 ILCS 405/5-160 new)
Sec. 5-160. Liability for injury, loss, or tortious
acts. Neither the State or any unit of local government,
probation department, or public or community service program
or site, nor any official, volunteer, or employee of the
State or a unit of local government, probation department,
public or community service program or site acting in the
course of his or her official duties shall be liable for any
injury or loss a person might receive while performing public
or community service as ordered either (1) by the court or
(2) by any duly authorized station adjustment or probation
adjustment, teen court, community mediation, or other
administrative diversion program authorized by this Act for a
violation of a penal statute of this State or a local
government ordinance (whether penal, civil, or
quasi-criminal) or for a traffic offense, nor shall they be
liable for any tortious acts of any person performing public
or community service, except for wilful, wanton misconduct or
gross negligence on the part of the governmental unit,
probation department, or public or community service program
or site or on the part of the official, volunteer, or
employee.
(705 ILCS 405/5-165 new)
Sec. 5-165. Minor as employee. No minor assigned to a
public or community service program by either a court or an
authorized diversion program is considered an employee for
any purpose, nor is the county board obligated to provide
compensation to the minor.
Section 10. The Unified Code of Corrections is amended
by changing Section 5-5-7 as follows:
(730 ILCS 5/5-5-7) (from Ch. 38, par. 1005-5-7)
(Text of Section WITHOUT the changes made by P.A. 89-7,
which has been held unconstitutional)
Sec. 5-5-7. Neither the State, any local government,
probation department, public or community service program or
site, nor any official, volunteer, or employee thereof acting
in the course of their official duties shall be liable for
any injury or loss a person might receive while performing
public or community service as ordered either (1) by the
court or (2) by any duly authorized station or probation
adjustment, teen court, community mediation, or other
administrative diversion program authorized by the Juvenile
Court Act of 1987 for a violation of a penal statute of this
State or a local government ordinance (whether penal, civil,
or quasi-criminal) or for a traffic offense, nor shall they
be liable for any tortious acts of any person performing
public or community service, except for wilful, wanton
misconduct or gross negligence on the part of such
governmental unit, probation department, or public or
community service program or site, or the official,
volunteer, or employee.
(Source: P.A. 85-449.)
Section 15. The Probation Community Service Act is
amended by changing Section 1 as follows:
(730 ILCS 115/1) (from Ch. 38, par. 204a-1)
Sec. 1. (a) "Public or Community Service" means
uncompensated labor for a not-for-profit non-profit
organization or public body whose purpose is to enhance
physical, or mental stability of the offender, environmental
quality or the social welfare and which agrees to accept
public or community service from offenders and to report on
the progress of the offender and the public or community
service to the court or to the authorized diversion program
that has referred the offender for public or community
service.
(b) "Site" means a not-for-profit non-profit
organization, or public body, church, charitable
organization, or individual agreeing to accept community
service from offenders and to report on the progress of
ordered or required public or community service to the court
or to the authorized diversion program that has referred the
offender for public or community service its delegate.
(c) The county boards of the several counties in this
State are authorized to establish and operate agencies to
develop and supervise programs of public or community service
for those persons placed by the court on probation,
conditional discharge, or supervision.
(d) The programs shall be developed in cooperation with
the circuit courts for the respective counties developing
such programs and shall conform with any law restricting the
use of public or community service.
(e) Neither the State, any local government, probation
department, public or community service program or site, nor
any official, volunteer, or employee thereof acting in the
course of their official duties shall be liable for any
injury or loss a person might receive while performing public
or community service as ordered either (1) by the court or
(2) by any duly authorized station or probation adjustment,
teen court, community mediation, or other administrative
diversion program authorized by the Juvenile Court Act of
1987 for a violation of a penal statute of this State or a
local government ordinance (whether penal, civil, or
quasi-criminal) or for a traffic offense, nor shall they be
liable for any tortious acts of any person performing public
or community service, except for wilful, wanton misconduct or
gross negligence on the part of such governmental unit,
probation department, or public or community service program
or site or on the part of the official, volunteer, or
employee.
(f) No person assigned to a public or community service
program shall be considered an employee for any purpose, nor
shall the county board be obligated to provide any
compensation to such person.
(Source: P.A. 85-449.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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