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91_HB2097
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1 AN ACT to amend the Probation and Probation Officers Act
2 by changing Section 12.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Probation and Probation Officers Act is
6 amended by changing Section 12 as follows:
7 (730 ILCS 110/12) (from Ch. 38, par. 204-4)
8 Sec. 12. Probation officers; duties.
9 (a) The duties of probation officers shall be:
10 (1) To investigate as required by section 5-3-1 of
11 the "Unified Code of Corrections", approved July 26,
12 1972, as amended, the case of any person to be placed on
13 probation. Full opportunity shall be afforded a probation
14 officer to confer with the person under investigation
15 when such person is in custody.
16 (2) To notify the court of any previous conviction
17 for crime or previous probation of any defendant invoking
18 the provisions of this act.
19 (3) All reports and notifications required in this
20 Act to be made by probation officers shall be in writing
21 and shall be filed by the clerk in the respective cases.
22 (4) To preserve complete and accurate records of
23 cases investigated, including a description of the person
24 investigated, the action of the court with respect to his
25 case and his probation, the subsequent history of such
26 person, if he becomes a probationer, during the
27 continuance of his probation, which records shall be open
28 to inspection by any judge or by any probation officer
29 pursuant to order of court, but shall not be a public
30 record, and its contents shall not be divulged otherwise
31 than as above provided, except upon order of court.
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1 (5) To take charge of and watch over all persons
2 placed on probation under such regulations and for such
3 terms as may be prescribed by the court, and giving to
4 each probationer full instructions as to the terms of his
5 release upon probation and requiring from him such
6 periodical reports as shall keep the officer informed as
7 to his conduct.
8 (6) To develop and operate programs of reasonable
9 public or community service for any persons ordered by
10 the court to perform public or community service,
11 providing, however, that no probation officer or any
12 employee of a probation office acting in the course of
13 his official duties shall be liable for any tortious acts
14 of any person performing public or community service
15 except for wilful misconduct or gross negligence on the
16 part of the probation officer or employee.
17 (7) When any person on probation removes from the
18 county where his offense was committed, it shall be the
19 duty of the officer under whose care he was placed to
20 report the facts to the probation officer in the county
21 to which the probationer has removed; and it shall
22 thereupon become the duty of such probation officer to
23 take charge of and watch over said probationer the same
24 as if the case originated in that county; and for that
25 purpose he shall have the same power and authority over
26 said probationer as if he had been originally placed in
27 said officer's charge; and such officer shall be required
28 to report in writing every 6 months, or more frequently
29 upon request the results of his supervision to the
30 probation officer in whose charge the said probationer
31 was originally placed by the court.
32 (8) To authorize travel permits to individuals
33 under their supervision unless otherwise ordered by the
34 court.
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1 (9) To perform such other duties as are provided
2 for in this act or by rules of court and such incidental
3 duties as may be implied from those expressly required.
4 (b) Probation officers shall be considered peace
5 officers when acting in the exercise of their official
6 duties.
7 (Source: P.A. 86-639.)