State of Illinois
91st General Assembly
Legislation

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91_HB2103ham001

 










                                             LRB9101246RCksam

 1                    AMENDMENT TO HOUSE BILL 2103

 2        AMENDMENT NO.     .  Amend House Bill 2103, on page 1, by
 3    replacing lines 1 and 2 with the following:

 4        "AN ACT in relation to certain  notifications  to  public
 5    housing agencies."; and

 6    on   page  2,  line  10,  by  inserting  after  "person"  the
 7    following:
 8    "adjudicated delinquent for an offense that if  committed  by
 9    an  adult  would  be  a  felony  who is in the custody of the
10    Department of Corrections or a person"; and

11    on  page  2,  by  inserting  between  lines  32  and  33  the
12    following:

13        "Section 10.  The Probation and Probation Officers Act is
14    amended by changing Section 12 as follows:

15        (730 ILCS 110/12) (from Ch. 38, par. 204-4)
16        Sec. 12.  The duties of probation officers shall be:
17        (1)  To investigate as required by section 5-3-1  of  the
18    "Unified  Code  of  Corrections",  approved July 26, 1972, as
19    amended, the case of any person to be  placed  on  probation.
20    Full  opportunity  shall  be  afforded a probation officer to
 
                            -2-              LRB9101246RCksam
 1    confer with the person under investigation when  such  person
 2    is in custody.
 3        (2)  To  notify  the court of any previous conviction for
 4    crime or previous probation of  any  defendant  invoking  the
 5    provisions of this act.
 6        (3)  All  reports  and notifications required in this Act
 7    to be made by probation officers  shall  be  in  writing  and
 8    shall be filed by the clerk in the respective cases.
 9        (4)  To  preserve  complete and accurate records of cases
10    investigated,  including  a   description   of   the   person
11    investigated,  the  action  of  the court with respect to his
12    case and  his  probation,  the  subsequent  history  of  such
13    person,  if  he becomes a probationer, during the continuance
14    of his probation, which records shall be open  to  inspection
15    by any judge or by any probation officer pursuant to order of
16    court,  but  shall  not  be a public record, and its contents
17    shall not be  divulged  otherwise  than  as  above  provided,
18    except upon order of court.
19        (5)  To  take charge of and watch over all persons placed
20    on probation under such regulations and for such terms as may
21    be prescribed by the court, and giving  to  each  probationer
22    full  instructions  as  to  the  terms  of  his  release upon
23    probation and requiring from him such periodical  reports  as
24    shall keep the officer informed as to his conduct.
25        (6)  To develop and operate programs of reasonable public
26    or  community service for any persons ordered by the court to
27    perform public or community service, providing, however, that
28    no probation officer or any employee of  a  probation  office
29    acting  in  the course of his official duties shall be liable
30    for any tortious acts of  any  person  performing  public  or
31    community  service  except  for  wilful  misconduct  or gross
32    negligence on the part of the probation officer or employee.
33        (7)  When any person on probation removes from the county
34    where his offense was committed, it shall be the duty of  the
 
                            -3-              LRB9101246RCksam
 1    officer under whose care he was placed to report the facts to
 2    the  probation officer in the county to which the probationer
 3    has removed; and it shall thereupon become the duty  of  such
 4    probation  officer  to  take  charge  of  and watch over said
 5    probationer the same  as  if  the  case  originated  in  that
 6    county; and for that purpose he shall have the same power and
 7    authority  over said probationer as if he had been originally
 8    placed in said officer's charge; and such  officer  shall  be
 9    required  to  report  in  writing  every  6  months,  or more
10    frequently upon request the results of his supervision to the
11    probation officer in whose charge the  said  probationer  was
12    originally placed by the court.
13        (8)  To  authorize  travel  permits  to individuals under
14    their supervision unless otherwise ordered by the court.
15        (9)  To perform such other duties as are provided for  in
16    this  act  or by rules of court and such incidental duties as
17    may be implied from those expressly required.
18        (10)  To send written notification to  a  public  housing
19    agency if a person on probation for a felony who is under the
20    supervision  of  the  probation officer informs the probation
21    officer that he or she has resided, resides, or  will  reside
22    at  an  address  that  is  a housing facility owned, managed,
23    operated, or leased by that public housing agency.
24    (Source: P.A. 86-639.)".

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