100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB1496

 

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

 

HB1496LRB100 03349 RLC 13354 b

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. "Public or Community Service"
16does not include blood donation or assignment to labor at a
17blood bank. For the purposes of this Act, "blood bank" has the
18meaning ascribed to the term in Section 2-124 of the Illinois
19Clinical Laboratory and Blood Bank Act.
20    (b) "Site" means a not-for-profit organization, public
21body, church, charitable organization, or individual agreeing
22to accept community service from offenders and to report on the
23progress of ordered or required public or community service to

 

 

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1the court or to the authorized diversion program that has
2referred the offender for public or community service.
3    (c) The county boards of the several counties in this State
4are authorized to establish and operate agencies to develop and
5supervise programs of public or community service for those
6persons placed by the court on probation, conditional
7discharge, or supervision.
8    (d) The programs shall be developed in cooperation with the
9circuit courts for the respective counties developing such
10programs and shall conform with any law restricting the use of
11public or community service.
12    (e) Neither the State, any local government, probation
13department, public or community service program or site, nor
14any official, volunteer, or employee thereof acting in the
15course of their official duties shall be liable for any injury
16or loss a person might receive while performing public or
17community service as ordered either (1) by the court or (2) by
18any duly authorized station or probation adjustment, teen
19court, community mediation, or other administrative diversion
20program authorized by the Juvenile Court Act of 1987 for a
21violation of a penal statute of this State or a local
22government ordinance (whether penal, civil, or quasi-criminal)
23or for a traffic offense, nor shall they be liable for any
24tortious acts of any person performing public or community
25service, except for wilful, wanton misconduct or gross
26negligence on the part of such governmental unit, probation

 

 

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1department, or public or community service program or site or
2on the part of the official, volunteer, or employee.
3    (f) No person assigned to a public or community service
4program shall be considered an employee for any purpose, nor
5shall the county board be obligated to provide any compensation
6to such person.
7(Source: P.A. 98-824, eff. 1-1-15.)