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Public Act 098-0824 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Juvenile Court Act of 1987 is amended by | ||||
changing Section 5-105 as follows:
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(705 ILCS 405/5-105)
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Sec. 5-105. Definitions. As used in this Article:
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(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.
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(2) "Community service" means uncompensated labor for a | ||||
community service
agency as hereinafter defined.
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(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.
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(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.
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(4) "Department" means the Department of Human Services | ||
unless specifically
referenced as another department.
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(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
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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
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custody pursuant to Section 5-125 of this Act.
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(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.
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(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.
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(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
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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;
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community service programs; community service
work programs; | ||
and alternative-dispute resolution programs serving
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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
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encompass any program or service consistent with the purpose of | ||
those programs
and services enumerated in this subsection.
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(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.
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(10) "Minor" means a person under the age of 21 years | ||
subject to this Act.
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(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.
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(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
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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
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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.
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(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.
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(14) "Shelter" means the temporary care of a minor in | ||
physically
unrestricting facilities pending court disposition | ||
or execution of court order
for placement.
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(15) "Site" means a not-for-profit organization, public
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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.
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(16) "Station adjustment" means the informal or formal | ||
handling of an
alleged
offender by a juvenile police officer.
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(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
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definition as it was used in the Juvenile Court Act of 1987.
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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.)
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Section 10. The Unified Code of Corrections is amended by | ||
changing Section 5-1-18.1 as follows:
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(730 ILCS 5/5-1-18.1) (from Ch. 38, par. 1005-1-18.1)
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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.
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(Source: P.A. 85-449.)
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Section 15. The Probation Community Service Act is amended | ||
by changing Section 1 as follows:
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(730 ILCS 115/1) (from Ch. 38, par. 204a-1)
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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.
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(b) "Site" means a not-for-profit organization, public
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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.
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(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.
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(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
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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
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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.
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(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.
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(Source: P.A. 91-820, eff. 6-13-00.)
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