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91_HB2103enr HB2103 Enrolled 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 2. The Housing Authorities Act is amended by 6 adding Section 8.23 as follows: 7 (310 ILCS 10/8.23 new) 8 Sec. 8.23. Notification to leaseholders of the 9 prospective presence of felons in housing authority 10 facilities; eviction. 11 (a) Immediately upon the receipt of the written 12 notification, from the Department of Corrections under 13 subsection (c) of Section 3-14-1 of the Unified Code of 14 Corrections, that a felon intends to reside, upon release 15 from custody, at an address that is a housing facility owned, 16 managed, operated, or leased by the Authority, the Authority 17 must provide written notification to the leaseholder residing 18 at that address. 19 (b) The Authority may not evict the leaseholder 20 described in subsection (a) of this Section unless the 21 Authority proves by a preponderance of the evidence that the 22 leaseholder had knowledge of and consents to the felon's 23 intent to reside at the leaseholder's address. 24 Section 5. The Unified Code of Corrections is amended by 25 changing Section 3-14-1 as follows: 26 (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1) 27 Sec. 3-14-1. Release from the Institution. 28 (a) Upon release of a person on parole, mandatory 29 release, final discharge or pardon the Department shall HB2103 Enrolled -2- LRB9101246RCks 1 return all property held for him, provide him with suitable 2 clothing and procure necessary transportation for him to his 3 designated place of residence and employment. It may provide 4 such person with a grant of money for travel and expenses 5 which may be paid in installments. The amount of the money 6 grant shall be determined by the Department. 7 The Department of Corrections may establish and maintain, 8 in any institution it administers, revolving funds to be 9 known as "Travel and Allowances Revolving Funds". These 10 revolving funds shall be used for advancing travel and 11 expense allowances to committed, paroled, and discharged 12 prisoners. The moneys paid into such revolving funds shall 13 be from appropriations to the Department for Committed, 14 Paroled, and Discharged Prisoners. 15 (b) (Blank). 16 (c) Except as otherwise provided in this Code, the 17 Department shall establish procedures to provide written 18 notification of any release of any person who has been 19 convicted of a felony to the State's Attorney and sheriff of 20 the county from which the offender was committed, and the 21 State's Attorney and sheriff of the county into which the 22 offender is to be paroled or released. Except as otherwise 23 provided in this Code, the Department shall establish 24 procedures to provide written notification to the proper law 25 enforcement agency for any municipality of any release of any 26 person who has been convicted of a felony if the arrest of 27 the offender or the commission of the offense took place in 28 the municipality, if the offender is to be paroled or 29 released into the municipality, or if the offender resided in 30 the municipality at the time of the commission of the 31 offense. If a person convicted of a felony who is in the 32 custody of the Department of Corrections or on parole or 33 mandatory supervised release informs the Department that he 34 or she has resided, resides, or will reside at an address HB2103 Enrolled -3- LRB9101246RCks 1 that is a housing facility owned, managed, operated, or 2 leased by a public housing agency, the Department must send 3 written notification of that information to the public 4 housing agency that owns, manages, operates, or leases the 5 housing facility. The written notification shall, when 6 possible, be given at least 14 days before release of the 7 person from custody, or as soon thereafter as possible. 8 (c-1) (Blank). 9 (d) Upon the release of a committed person on parole, 10 mandatory supervised release, final discharge or pardon, the 11 Department shall provide such person with information 12 concerning programs and services of the Illinois Department 13 of Public Health to ascertain whether such person has been 14 exposed to the human immunodeficiency virus (HIV) or any 15 identified causative agent of Acquired Immunodeficiency 16 Syndrome (AIDS). 17 (Source: P.A. 88-677, eff. 12-15-94; 88-680, eff. 1-1-95; 18 89-8, eff. 3-21-95; 89-131, eff. 7-14-95; 89-235, eff. 19 8-4-95; 89-626, eff. 8-9-96.) 20 Section 10. The Probation and Probation Officers Act is 21 amended by changing Section 12 as follows: 22 (730 ILCS 110/12) (from Ch. 38, par. 204-4) 23 Sec. 12. The duties of probation officers shall be: 24 (1) To investigate as required by section 5-3-1 of the 25 "Unified Code of Corrections", approved July 26, 1972, as 26 amended, the case of any person to be placed on probation. 27 Full opportunity shall be afforded a probation officer to 28 confer with the person under investigation when such person 29 is in custody. 30 (2) To notify the court of any previous conviction for 31 crime or previous probation of any defendant invoking the 32 provisions of this act. HB2103 Enrolled -4- LRB9101246RCks 1 (3) All reports and notifications required in this Act 2 to be made by probation officers shall be in writing and 3 shall be filed by the clerk in the respective cases. 4 (4) To preserve complete and accurate records of cases 5 investigated, including a description of the person 6 investigated, the action of the court with respect to his 7 case and his probation, the subsequent history of such 8 person, if he becomes a probationer, during the continuance 9 of his probation, which records shall be open to inspection 10 by any judge or by any probation officer pursuant to order of 11 court, but shall not be a public record, and its contents 12 shall not be divulged otherwise than as above provided, 13 except upon order of court. 14 (5) To take charge of and watch over all persons placed 15 on probation under such regulations and for such terms as may 16 be prescribed by the court, and giving to each probationer 17 full instructions as to the terms of his release upon 18 probation and requiring from him such periodical reports as 19 shall keep the officer informed as to his conduct. 20 (6) To develop and operate programs of reasonable public 21 or community service for any persons ordered by the court to 22 perform public or community service, providing, however, that 23 no probation officer or any employee of a probation office 24 acting in the course of his official duties shall be liable 25 for any tortious acts of any person performing public or 26 community service except for wilful misconduct or gross 27 negligence on the part of the probation officer or employee. 28 (7) When any person on probation removes from the county 29 where his offense was committed, it shall be the duty of the 30 officer under whose care he was placed to report the facts to 31 the probation officer in the county to which the probationer 32 has removed; and it shall thereupon become the duty of such 33 probation officer to take charge of and watch over said 34 probationer the same as if the case originated in that HB2103 Enrolled -5- LRB9101246RCks 1 county; and for that purpose he shall have the same power and 2 authority over said probationer as if he had been originally 3 placed in said officer's charge; and such officer shall be 4 required to report in writing every 6 months, or more 5 frequently upon request the results of his supervision to the 6 probation officer in whose charge the said probationer was 7 originally placed by the court. 8 (8) To authorize travel permits to individuals under 9 their supervision unless otherwise ordered by the court. 10 (9) To perform such other duties as are provided for in 11 this act or by rules of court and such incidental duties as 12 may be implied from those expressly required. 13 (10) To send written notification to a public housing 14 agency if a person on probation for a felony who is under the 15 supervision of the probation officer informs the probation 16 officer that he or she has resided, resides, or will reside 17 at an address that is a housing facility owned, managed, 18 operated, or leased by that public housing agency. 19 (Source: P.A. 86-639.) 20 Section 99. Effective date. This Act takes effect upon 21 becoming law.