98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4118

 

Introduced , by Rep. Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 115/1  from Ch. 38, par. 204a-1

    Amends the Probation Community Service Act. Makes a technical change in a Section concerning community service programs.


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A BILL FOR

 

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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Probation Community Service Act is amended
5by 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
8uncompensated labor for a not-for-profit organization or
9public body whose purpose is to enhance physical, or mental
10stability of the the offender, environmental quality or the
11social welfare and which agrees to accept public or community
12service from offenders and to report on the progress of the
13offender and the public or community service to the court or to
14the authorized diversion program that has referred the offender
15for public or community service.
16    (b) "Site" means a not-for-profit organization, public
17body, church, charitable organization, or individual agreeing
18to accept community service from offenders and to report on the
19progress of ordered or required public or community service to
20the court or to the authorized diversion program that has
21referred the offender for public or community service.
22    (c) The county boards of the several counties in this State
23are authorized to establish and operate agencies to develop and

 

 

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1supervise programs of public or community service for those
2persons placed by the court on probation, conditional
3discharge, or supervision.
4    (d) The programs shall be developed in cooperation with the
5circuit courts for the respective counties developing such
6programs and shall conform with any law restricting the use of
7public or community service.
8    (e) Neither the State, any local government, probation
9department, public or community service program or site, nor
10any official, volunteer, or employee thereof acting in the
11course of their official duties shall be liable for any injury
12or loss a person might receive while performing public or
13community service as ordered either (1) by the court or (2) by
14any duly authorized station or probation adjustment, teen
15court, community mediation, or other administrative diversion
16program authorized by the Juvenile Court Act of 1987 for a
17violation of a penal statute of this State or a local
18government ordinance (whether penal, civil, or quasi-criminal)
19or for a traffic offense, nor shall they be liable for any
20tortious acts of any person performing public or community
21service, except for wilful, wanton misconduct or gross
22negligence on the part of such governmental unit, probation
23department, or public or community service program or site or
24on the part of the official, volunteer, or employee.
25    (f) No person assigned to a public or community service
26program shall be considered an employee for any purpose, nor

 

 

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1shall the county board be obligated to provide any compensation
2to such person.
3(Source: P.A. 91-820, eff. 6-13-00.)