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91_HB2103ham001
LRB9101246RCksam
1 AMENDMENT TO HOUSE BILL 2103
2 AMENDMENT NO. . Amend House Bill 2103, on page 1, by
3 replacing lines 1 and 2 with the following:
4 "AN ACT in relation to certain notifications to public
5 housing agencies."; and
6 on page 2, line 10, by inserting after "person" the
7 following:
8 "adjudicated delinquent for an offense that if committed by
9 an adult would be a felony who is in the custody of the
10 Department of Corrections or a person"; and
11 on page 2, by inserting between lines 32 and 33 the
12 following:
13 "Section 10. The Probation and Probation Officers Act is
14 amended by changing Section 12 as follows:
15 (730 ILCS 110/12) (from Ch. 38, par. 204-4)
16 Sec. 12. The duties of probation officers shall be:
17 (1) To investigate as required by section 5-3-1 of the
18 "Unified Code of Corrections", approved July 26, 1972, as
19 amended, the case of any person to be placed on probation.
20 Full opportunity shall be afforded a probation officer to
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1 confer with the person under investigation when such person
2 is in custody.
3 (2) To notify the court of any previous conviction for
4 crime or previous probation of any defendant invoking the
5 provisions of this act.
6 (3) All reports and notifications required in this Act
7 to be made by probation officers shall be in writing and
8 shall be filed by the clerk in the respective cases.
9 (4) To preserve complete and accurate records of cases
10 investigated, including a description of the person
11 investigated, the action of the court with respect to his
12 case and his probation, the subsequent history of such
13 person, if he becomes a probationer, during the continuance
14 of his probation, which records shall be open to inspection
15 by any judge or by any probation officer pursuant to order of
16 court, but shall not be a public record, and its contents
17 shall not be divulged otherwise than as above provided,
18 except upon order of court.
19 (5) To take charge of and watch over all persons placed
20 on probation under such regulations and for such terms as may
21 be prescribed by the court, and giving to each probationer
22 full instructions as to the terms of his release upon
23 probation and requiring from him such periodical reports as
24 shall keep the officer informed as to his conduct.
25 (6) To develop and operate programs of reasonable public
26 or community service for any persons ordered by the court to
27 perform public or community service, providing, however, that
28 no probation officer or any employee of a probation office
29 acting in the course of his official duties shall be liable
30 for any tortious acts of any person performing public or
31 community service except for wilful misconduct or gross
32 negligence on the part of the probation officer or employee.
33 (7) When any person on probation removes from the county
34 where his offense was committed, it shall be the duty of the
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1 officer under whose care he was placed to report the facts to
2 the probation officer in the county to which the probationer
3 has removed; and it shall thereupon become the duty of such
4 probation officer to take charge of and watch over said
5 probationer the same as if the case originated in that
6 county; and for that purpose he shall have the same power and
7 authority over said probationer as if he had been originally
8 placed in said officer's charge; and such officer shall be
9 required to report in writing every 6 months, or more
10 frequently upon request the results of his supervision to the
11 probation officer in whose charge the said probationer was
12 originally placed by the court.
13 (8) To authorize travel permits to individuals under
14 their supervision unless otherwise ordered by the court.
15 (9) To perform such other duties as are provided for in
16 this act or by rules of court and such incidental duties as
17 may be implied from those expressly required.
18 (10) To send written notification to a public housing
19 agency if a person on probation for a felony who is under the
20 supervision of the probation officer informs the probation
21 officer that he or she has resided, resides, or will reside
22 at an address that is a housing facility owned, managed,
23 operated, or leased by that public housing agency.
24 (Source: P.A. 86-639.)".