[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] | [ Senate Amendment 002 ] |
91_HB2103eng HB2103 Engrossed LRB9101246RCks 1 AN ACT in relation to certain notifications to public 2 housing agencies. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Unified Code of Corrections is amended by 6 changing Section 3-14-1 as follows: 7 (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1) 8 Sec. 3-14-1. Release from the Institution. 9 (a) Upon release of a person on parole, mandatory 10 release, final discharge or pardon the Department shall 11 return all property held for him, provide him with suitable 12 clothing and procure necessary transportation for him to his 13 designated place of residence and employment. It may provide 14 such person with a grant of money for travel and expenses 15 which may be paid in installments. The amount of the money 16 grant shall be determined by the Department. 17 The Department of Corrections may establish and maintain, 18 in any institution it administers, revolving funds to be 19 known as "Travel and Allowances Revolving Funds". These 20 revolving funds shall be used for advancing travel and 21 expense allowances to committed, paroled, and discharged 22 prisoners. The moneys paid into such revolving funds shall 23 be from appropriations to the Department for Committed, 24 Paroled, and Discharged Prisoners. 25 (b) (Blank). 26 (c) Except as otherwise provided in this Code, the 27 Department shall establish procedures to provide written 28 notification of any release of any person who has been 29 convicted of a felony to the State's Attorney and sheriff of 30 the county from which the offender was committed, and the 31 State's Attorney and sheriff of the county into which the HB2103 Engrossed -2- LRB9101246RCks 1 offender is to be paroled or released. Except as otherwise 2 provided in this Code, the Department shall establish 3 procedures to provide written notification to the proper law 4 enforcement agency for any municipality of any release of any 5 person who has been convicted of a felony if the arrest of 6 the offender or the commission of the offense took place in 7 the municipality, if the offender is to be paroled or 8 released into the municipality, or if the offender resided in 9 the municipality at the time of the commission of the 10 offense. If a person adjudicated delinquent for an offense 11 that if committed by an adult would be a felony who is in the 12 custody of the Department of Corrections or a person 13 convicted of a felony who is in the custody of the Department 14 of Corrections or on parole or mandatory supervised release 15 informs the Department that he or she has resided, resides, 16 or will reside at an address that is a housing facility 17 owned, managed, operated, or leased by a public housing 18 agency, the Department must send written notification of that 19 information to the public housing agency that owns, manages, 20 operates, or leases the housing facility. The written 21 notification shall, when possible, be given at least 14 days 22 before release of the person from custody, or as soon 23 thereafter as possible. 24 (c-1) (Blank). 25 (d) Upon the release of a committed person on parole, 26 mandatory supervised release, final discharge or pardon, the 27 Department shall provide such person with information 28 concerning programs and services of the Illinois Department 29 of Public Health to ascertain whether such person has been 30 exposed to the human immunodeficiency virus (HIV) or any 31 identified causative agent of Acquired Immunodeficiency 32 Syndrome (AIDS). 33 (Source: P.A. 88-677, eff. 12-15-94; 88-680, eff. 1-1-95; 34 89-8, eff. 3-21-95; 89-131, eff. 7-14-95; 89-235, eff. HB2103 Engrossed -3- LRB9101246RCks 1 8-4-95; 89-626, eff. 8-9-96.) 2 Section 10. The Probation and Probation Officers Act is 3 amended by changing Section 12 as follows: 4 (730 ILCS 110/12) (from Ch. 38, par. 204-4) 5 Sec. 12. The duties of probation officers shall be: 6 (1) To investigate as required by section 5-3-1 of the 7 "Unified Code of Corrections", approved July 26, 1972, as 8 amended, the case of any person to be placed on probation. 9 Full opportunity shall be afforded a probation officer to 10 confer with the person under investigation when such person 11 is in custody. 12 (2) To notify the court of any previous conviction for 13 crime or previous probation of any defendant invoking the 14 provisions of this act. 15 (3) All reports and notifications required in this Act 16 to be made by probation officers shall be in writing and 17 shall be filed by the clerk in the respective cases. 18 (4) To preserve complete and accurate records of cases 19 investigated, including a description of the person 20 investigated, the action of the court with respect to his 21 case and his probation, the subsequent history of such 22 person, if he becomes a probationer, during the continuance 23 of his probation, which records shall be open to inspection 24 by any judge or by any probation officer pursuant to order of 25 court, but shall not be a public record, and its contents 26 shall not be divulged otherwise than as above provided, 27 except upon order of court. 28 (5) To take charge of and watch over all persons placed 29 on probation under such regulations and for such terms as may 30 be prescribed by the court, and giving to each probationer 31 full instructions as to the terms of his release upon 32 probation and requiring from him such periodical reports as HB2103 Engrossed -4- LRB9101246RCks 1 shall keep the officer informed as to his conduct. 2 (6) To develop and operate programs of reasonable public 3 or community service for any persons ordered by the court to 4 perform public or community service, providing, however, that 5 no probation officer or any employee of a probation office 6 acting in the course of his official duties shall be liable 7 for any tortious acts of any person performing public or 8 community service except for wilful misconduct or gross 9 negligence on the part of the probation officer or employee. 10 (7) When any person on probation removes from the county 11 where his offense was committed, it shall be the duty of the 12 officer under whose care he was placed to report the facts to 13 the probation officer in the county to which the probationer 14 has removed; and it shall thereupon become the duty of such 15 probation officer to take charge of and watch over said 16 probationer the same as if the case originated in that 17 county; and for that purpose he shall have the same power and 18 authority over said probationer as if he had been originally 19 placed in said officer's charge; and such officer shall be 20 required to report in writing every 6 months, or more 21 frequently upon request the results of his supervision to the 22 probation officer in whose charge the said probationer was 23 originally placed by the court. 24 (8) To authorize travel permits to individuals under 25 their supervision unless otherwise ordered by the court. 26 (9) To perform such other duties as are provided for in 27 this act or by rules of court and such incidental duties as 28 may be implied from those expressly required. 29 (10) To send written notification to a public housing 30 agency if a person on probation for a felony who is under the 31 supervision of the probation officer informs the probation 32 officer that he or she has resided, resides, or will reside 33 at an address that is a housing facility owned, managed, 34 operated, or leased by that public housing agency. HB2103 Engrossed -5- LRB9101246RCks 1 (Source: P.A. 86-639.) 2 Section 99. Effective date. This Act takes effect upon 3 becoming law.