State of Illinois
91st General Assembly
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Public Act 91-0506

HB2103 Enrolled                                LRB9101246RCks

    AN ACT in relation to  certain  notifications  to  public
housing agencies.

    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
facilities; eviction.
    (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.
    (b)  (Blank).
    (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.
    (c-1)  (Blank).
    (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
Syndrome (AIDS).
(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
becoming law.

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