HB4752 93RD GENERAL ASSEMBLY

LRB093 18454 RLC 44165 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4752

Introduced 02/04/04, by Frank Aguilar, John J. Millner, Linda Chapa LaVia

SYNOPSIS AS INTRODUCED:

730 ILCS 110/12

from Ch. 38, par. 204-4

Amends the Probation and Probation Officers Act. Requires a probation officer to release information about a defendant who is serving or has served a sentence of probation or is being investigated for eligibility for probation or about the defendant's immediate family members to law enforcement agencies that are investigating the commission of a crime or crimes or conduct related to criminal activities when the safety of the public is at risk or when the probation officer or information in the records kept by the probation officer is able to assist in the apprehension of the defendant. Provides that law enforcement agencies are entitled to only specified identifying information and may only use the information for law enforcement purposes.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Probation and Probation Officers Act is amended by changing Section 12 as follows:

(730 ILCS 110/12) (from Ch. 38, par. 204-4)

Sec. 12. The duties of probation officers shall be:

(1) To investigate as required by Section 5-3-1 of the "Unified Code of Corrections", approved July 26, 1972, as amended, the case of any person to be placed on probation. Full opportunity shall be afforded a probation officer to confer with the person under investigation when such person is in custody.

(2) To notify the court of any previous conviction for crime or previous probation of any defendant invoking the provisions of this Act.

(3) All reports and notifications required in this Act to be made by probation officers shall be in writing and shall be filed by the clerk in the respective cases.

(4) To preserve complete and accurate records of cases investigated, including a description of the person investigated, the action of the court with respect to his case and his probation, the subsequent history of such person, if he becomes a probationer, during the continuance of his probation, which records shall be open to inspection by any judge or by any probation officer pursuant to order of court, but shall not be a public record, and its contents shall not be divulged otherwise than as above provided, except upon order of court.

(5) To take charge of and watch over all persons placed on probation under such regulations and for such terms as may be prescribed by the court, and giving to each probationer full instructions as to the terms of his release upon probation and requiring from him such periodical reports as shall keep the officer informed as to his conduct.

(6) To develop and operate programs of reasonable public or community service for any persons ordered by the court to perform public or community service, providing, however, that no probation officer or any employee of a probation office acting in the course of his official duties shall be liable for any tortious acts of any person performing public or community service except for wilful misconduct or gross negligence on the part of the probation officer or employee.

(7) When any person on probation removes from the county where his offense was committed, it shall be the duty of the officer under whose care he was placed to report the facts to the probation officer in the county to which the probationer has removed; and it shall thereupon become the duty of such probation officer to take charge of and watch over said probationer the same as if the case originated in that county; and for that purpose he shall have the same power and authority over said probationer as if he had been originally placed in said officer's charge; and such officer shall be required to report in writing every 6 months, or more frequently upon request the results of his supervision to the probation officer in whose charge the said probationer was originally placed by the court.

(8) To authorize travel permits to individuals under their supervision unless otherwise ordered by the court.

(9) To perform such other duties as are provided for in this act or by rules of court and such incidental duties as may be implied from those expressly required.

(10) To send written notification to a public housing agency if a person on probation for a felony who is under the supervision of the probation officer informs the probation officer that he or she has resided, resides, or will reside at an address that is a housing facility owned, managed, operated, or leased by that public housing agency.

(11) To release information about a defendant to law enforcement agencies that are investigating the commission of a crime or crimes or conduct related to criminal activities when the safety of the public is at risk or when the probation officer or information in the records kept by the probation officer is able to assist in the apprehension of the defendant. This includes information about a defendant who is serving a sentence of probation, whether the sentence originated in that county or jurisdiction over that defendant or was transferred from another county or whether the defendant is being investigated to determine his or her eligibility for a sentence of probation. This also includes information about defendants who served and completed a sentence of probation. Law enforcement agencies are entitled to only identifying information, such as photographs, tattoos, identifying marks or characteristics, residential, e-mail, school, or employment addresses, or phone or pager numbers. Law enforcement agencies are entitled to similar information about a probationer's immediate family members. This information shall be used exclusively for law enforcement purposes.

(Source: P.A. 91-506, eff. 8-13-99.)