(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.
(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. 98-824, eff. 1-1-15.)
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