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Public Act 91-0506
HB2103 Enrolled LRB9101246RCks
AN ACT in relation to certain notifications to public
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 2. The Housing Authorities Act is amended by
adding Section 8.23 as follows:
(310 ILCS 10/8.23 new)
Sec. 8.23. Notification to leaseholders of the
prospective presence of felons in housing authority
(a) Immediately upon the receipt of the written
notification, from the Department of Corrections under
subsection (c) of Section 3-14-1 of the Unified Code of
Corrections, that a felon intends to reside, upon release
from custody, at an address that is a housing facility owned,
managed, operated, or leased by the Authority, the Authority
must provide written notification to the leaseholder residing
at that address.
(b) The Authority may not evict the leaseholder
described in subsection (a) of this Section unless the
Authority proves by a preponderance of the evidence that the
leaseholder had knowledge of and consents to the felon's
intent to reside at the leaseholder's address.
Section 5. The Unified Code of Corrections is amended by
changing Section 3-14-1 as follows:
(730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
Sec. 3-14-1. Release from the Institution.
(a) Upon release of a person on parole, mandatory
release, final discharge or pardon the Department shall
return all property held for him, provide him with suitable
clothing and procure necessary transportation for him to his
designated place of residence and employment. It may provide
such person with a grant of money for travel and expenses
which may be paid in installments. The amount of the money
grant shall be determined by the Department.
The Department of Corrections may establish and maintain,
in any institution it administers, revolving funds to be
known as "Travel and Allowances Revolving Funds". These
revolving funds shall be used for advancing travel and
expense allowances to committed, paroled, and discharged
prisoners. The moneys paid into such revolving funds shall
be from appropriations to the Department for Committed,
Paroled, and Discharged Prisoners.
(c) Except as otherwise provided in this Code, the
Department shall establish procedures to provide written
notification of any release of any person who has been
convicted of a felony to the State's Attorney and sheriff of
the county from which the offender was committed, and the
State's Attorney and sheriff of the county into which the
offender is to be paroled or released. Except as otherwise
provided in this Code, the Department shall establish
procedures to provide written notification to the proper law
enforcement agency for any municipality of any release of any
person who has been convicted of a felony if the arrest of
the offender or the commission of the offense took place in
the municipality, if the offender is to be paroled or
released into the municipality, or if the offender resided in
the municipality at the time of the commission of the
offense. If a person convicted of a felony who is in the
custody of the Department of Corrections or on parole or
mandatory supervised release informs the Department that he
or she has resided, resides, or will reside at an address
that is a housing facility owned, managed, operated, or
leased by a public housing agency, the Department must send
written notification of that information to the public
housing agency that owns, manages, operates, or leases the
housing facility. The written notification shall, when
possible, be given at least 14 days before release of the
person from custody, or as soon thereafter as possible.
(d) Upon the release of a committed person on parole,
mandatory supervised release, final discharge or pardon, the
Department shall provide such person with information
concerning programs and services of the Illinois Department
of Public Health to ascertain whether such person has been
exposed to the human immunodeficiency virus (HIV) or any
identified causative agent of Acquired Immunodeficiency
(Source: P.A. 88-677, eff. 12-15-94; 88-680, eff. 1-1-95;
89-8, eff. 3-21-95; 89-131, eff. 7-14-95; 89-235, eff.
8-4-95; 89-626, eff. 8-9-96.)
Section 10. 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.
(Source: P.A. 86-639.)
Section 99. Effective date. This Act takes effect upon
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