Public Act 098-0824
 
SB2709 EnrolledLRB098 15093 RLC 50063 b

    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.
    (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.)