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Public Act 098-0824 Public Act 0824 98TH GENERAL ASSEMBLY |
Public Act 098-0824 | SB2709 Enrolled | LRB098 15093 RLC 50063 b |
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| AN ACT concerning criminal law.
| 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 Section 5-105 as follows:
| (705 ILCS 405/5-105)
| Sec. 5-105. Definitions. As used in this Article:
| (1) "Aftercare release" means the conditional and | revocable release of an adjudicated delinquent juvenile | committed to the Department of Juvenile Justice under the | supervision of the Department of Juvenile Justice. | (1.5) "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.
| (3) "Delinquent minor" means any minor who prior to his or | her 18th birthday has violated or attempted to violate, | regardless of where the act occurred, any federal, State, | county or municipal law or 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 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. "Public or community service" does not include blood | donation or assignment to labor at a blood bank. For the | purposes of this Act, "blood bank" has the meaning ascribed to |
| the term in Section 2-124 of the Illinois Clinical Laboratory | and Blood Bank Act.
| (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 organization, 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.
| (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.
|
| The changes made to this Section by Public Act 98-61 this | amendatory Act of the 98th General Assembly apply to violations | or attempted violations committed on or after January 1, 2014 | ( the effective date of Public Act 98-61) this amendatory Act . | (Source: P.A. 98-61, eff. 1-1-14; 98-558, eff. 1-1-14; revised | 9-24-13.)
| Section 10. The Unified Code of Corrections is amended by | changing Section 5-1-18.1 as follows:
| (730 ILCS 5/5-1-18.1) (from Ch. 38, par. 1005-1-18.1)
| Sec. 5-1-18.1.
"Public or community service" means | uncompensated labor
for a non-profit organization or public | body whose purpose is to enhance
physical or mental stability, | 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 public or community service to the | court. "Public or community service" does not include blood | donation or assignment to labor at a blood bank. For the | purposes of this Chapter, "blood bank" has the meaning ascribed | to the term in Section 2-124 of the Illinois Clinical | Laboratory and Blood Bank Act.
| (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 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. "Public or Community Service" does | not include blood donation or assignment to labor at a blood | bank. For the purposes of this Act, "blood bank" has the | meaning ascribed to the term in Section 2-124 of the Illinois | Clinical Laboratory and Blood Bank Act.
| (b) "Site" means a not-for-profit organization, 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.
| (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.
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| (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. 91-820, eff. 6-13-00.)
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Effective Date: 1/1/2015
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