(HOUSE BILL No. 163. APPROVED JUNE 28, 1915.)

AN ACT to amend sections 2, 3, 4, 7, 9, 12, 13 and 14 of an Act entitled, "An Act providing for a system of probation, for the appointment and compensation of probation officers, and authorizing the suspension of final judgment and the imposition of sentence upon persons found guilty of certain defined crimes and offenses, and legalizing their ultimate discharge without punishment," approved June 10, 1911, in force July 1, 1911.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That sections 2, 3, 4, 7, 9, 12, 13 and 14 of an Act entitled "An Act providing for a system of probation for the appointment and compensation of probation officers and authorizing the suspension of final judgment and the imposition of sentence upon persons found guilty of certain defined crimes and offenses, and legalizing their ultimate discharge without punishment," approved June 10, 1911, in force July 1, 1911, be and the same hereby are, amended so as to read as follows:

§ 2. Any defendant, not previously convicted of a crime, greater than a misdemeanor, petit larceny and embezzlement excepted who has entered a plea of guilty or has been found guilty by the verdict of a jury or by the finding of a court of a violation of a municipal ordinance or of any criminal offense except murder, manslaughter, rape, kidnapping, wilful and corrupt perjury or subornation of perjury, arson, larceny and embezzlement where the amount taken or converted exceeds two hundred dollars ($200) in value, incest, burglary of an inhabited dwelling house, conspiracy in any form or any of the acts made an offense under the election laws of this State, may, in the discretion of the judge hearing the case, after entry of judgment, and nothing remains to be done by the court except to pronounce sentence, be admitted to probation according to the provisions of this Act.

Provided, that in the case of a violation of "An Act to provide for the punishment of persons responsible for or directly promoting, or contributing to, the conditions that render a child dependent, neglected or delinquent, and to provide for suspension of sentence and release on probation in such cases," or of "An Act making it a misdemeanor to abandon and willfully neglect to provide for the support and maintenance by any person of his wife, or of his or her minor children, in destitute or necessitous circumstances," the defendant in the discretion of the court may be released on probation whether or not he previously has been convicted of a crime or has made request for probation.

§ 3. Before granting any request for admission to probation, the court shall require the probation officer to investigate accurately and promptly, the case of the defendant making such request, to ascertain his residence and occupation and whether or not he has been previously convicted of a crime or misdemeanor, or previously been placed on probation by any court; and the court may, in its discretion, require the probation officer to secure in addition, information concerning the personal characteristics, habits and associations of such defendant, the names, relationship, ages and conditions of those dependent upon him for support and education and such other facts as may aid the court as well in determining the propriety of probation, as in fixing the conditions thereof.

Provided, that in cases of a violation of "An Act to provide for the punishment of persons responsible for or directly promoting or contributing to the conditions that render a child dependent, neglected or delinquent and to provide for suspension of sentence and release upon probation in such cases," or of "An Act making it a misdemeanor to abandon or willfully neglect to provide for the support and maintenance by any person of his wife, or of his or her minor children, in destitute or necessitous circumstances," the court may admit the defendant to probation without the preliminary investigation required by this section.

Orders granting or refusing release on probation shall be entered of record. Application for release on probation may, in the discretion of the court, be granted if it shall appear to the satisfaction of the court both that there is reasonable ground to expect that the defendant may be reformed and that the interests of society shall be subserved. If such application is granted, the judge granting the same shall thereupon enter an order continuing the cause for a period not exceeding six months in cases of violation of a municipal ordinance and not exceceding one year in the case of other offenses, and shall by such order fix and specify the terms and conditions of the probation of such defendant as herein provided. A cause continued pursuant to the provisions of this Act shall be deemed subject to the jurisdiction of the court in which it is pending, or any judge thereof, for the full period of its continuance, during which time. orders may be entered with respect to the conditions of probation, or final sentence imposed without the formal setting aside of such order of continunce.

§ 4. Release on probation shall be upon the following conditions: (1) That the probationer shall not, during the term of his probation, violate any criminal law of the State of Illinois, or any ordinance of any municipality of said State.

(2) That if convicted of a felony or misdemeanor, he shall not, during the term of his probation, leave the State without the consent of the court which granted his application for probation.

(3) That he shall make a report once a month, or as often as the court may direct, of his whereabouts, conduct and employment, and furnish such other information relating to the conditions of his probation, as may from time to time be required by rule or order of court, to the probation officer under whose charge he has been placed, and shall appear in person before the court at such time as the court may direct or the rule of court provide.

(4) That he shall enter into a bond or recognizance in such sum as the court may direct, with or without sureties, to perform the conditions imposed, which shall run to the People of the State of Illinois and may be sued on by any person thereunto authorized by the court for the use of the parties in interest as the same may appear.

And the court may impose any one or more of the following conditions:

(1) That he shall make restitution, or reparation, in whole or in part, immediately or within the period of probation to the person or persons injured or defrauded.

(2) That he shall make contribution from his earnings for the support of those dependent upon him subject to the supervision of the court.

(3) That he shall pay any fine assessed against him as well as the costs of the proceeding, in such installments as the court may direct during the continuance of the probation period.

§ 7. Upon the termination of the probation period, the probation officer shall report to the court the conduct of the probationer during the period of his probation, and the court may thereupon discharge the probationer from further supervision, or extend the probation period not to exceed six months in cases of a violation of a municipal ordinance, and not to exceed one year in other offenses. When a probationer is discharged upon the expiration of the probation period, or upon its earlier termination by order of the court, entry of the discharge shall be made in the records of the court, and the probationer shall be entitled to a certified copy thereof.

§ 9. The circuit court of each of the several counties in this State may appoint a probation officer to act as such for and throughout the county in which he shall be appointed. The circuit court of any county may appoint such number of additional probation officers for such county as the court may deem to be necessary or advisable: Provided, the number of probation officers to be appointed for any county shall in no event exceed one for every fifty thousand inhabitants or fraction thereof, for such county, the school census preceding any appointment to be the basis for the determination of the number of inhabitants of such county. Any circuit court, in any county in which there are five or more probation officers, may also, in its discretion, appoint a chief probation officer in addition to the number of probation officers herein provided for. Said probation officers shall be of good character, shall possess such other qualifications as may be provided by rules to be adopted by such courts respectively, and may by such rules each be required to give bond in a sum not exceeding five thousand ($5,000.00) dollars, conditioned for the faithful discharge of the duties of such probation officer, and otherwise as provided by said rules such bond to be with such sureties as may be approved by the court. Said probation officers shall serve as such from the date of their appointment, shall be subject to the orders of the courts appointing them, and removable in the discretion thereof by an order only [duly] entered of record. Said circuit court may adopt general rules not inconsistent with the provisions of this Act, and promotive of its letter and spirit, providing, among other things for the qualifications

of probation officers, their duties, and such other matters as may seem. expedient.

In any city in this State having a population of seventy-five thousand or less inhabitants as determined by the last preceding school census in which there has been or may hereafter be established a municipal or city court, such municipal or city court may appoint one probation officer for such municipal or city court in addition to those herein before provided for. The other probation officers to which any county may be entitled as aforesaid, shall be equally apportioned between the county and the several cities, if any therein that severally have a population of more than seventy-five thousand inhabitants.

Such probation officers so apportioned to such county shall be appointed by the circuit court of said county, and such probation officers so apportioned to such cities shall be appointed by the municipal or city courts in said several cities. The judges of the circuit court of any county and of the municipal or city courts therein established for cities. having a population of more than fifty thousand inhabitants, shall meet as a unit body at such times as they deem proper, and at any such meeting may appoint a chief probation officer to act as such over all the probation officers appointed by any of said courts. Said judges may, at any such meeting, adopt general rules not inconsistent with the provisions of this Act, but promotive of its letter and spirit and transact such other business concerning the subject matter of this Act as to said judges may seem proper. Said judges may, at any such meeting appoint a committee of such number of them as they may determine to exercise the ministerial powers of said entire body of judges and the powers of appointment and removal of the chief probation officer, such committee to report to the entire body of judges at such time as may be required by rules or by specific order. Provided, that in the application of this Act to counties of the third class the terms "circuit court" or "judges of the circuit court," wherever used in this Act, shall be considered as including the superior court of such county and the judges thereof.

§ 12. The duties of probation officers shall be:

(1) To investigate as required by section 3 of this Act, 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) 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 an 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 once a month the results of his supervision to the probation officer in whose charge the said probationer was originally placed by the court.

(7) 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.

§ 13. It shall be the duty of the chief probation officer appointed as provided in this Act, to supervise and control the work of all subordinate probation officers under his jurisdiction and to control as herein provided, subject to such rules and regulations as may be adopted by the court or judges as herein provided, and to supervise the conduct of probationers to such extent as the court, or said judges and the rules herein provided for may direct.

Any chief probation officer shall have authority to suspend any probation officer under his supervision for a period of not exceeding thirty days, but may not discharge, and it shall be the duty of such chief probation officer promptly to file charges against any probation officer so suspended by him, with the court or judges appointing such probation officer, and said court or judges shall thereupon investigate said charges and may hear evidence, and shall act thereon as the interest of justice and the good of the probation service may require.

The records concerning probationers shall be kept in one office under the supervision of the chief probation officer, to whom all such probation officers must report. It shall be the duty of the board of county commissioners or supervisors of each county in this State in which a chief probation officer may be appointed under the provisions of this Act, to furnish suitable rooms and accommodations, equipment and supplies for said probation officers and clerical assistants in that jurisdiction, and for the keeping of the records, equipment and supplies of the office. The number of clerical assistants shall be determined by the circuit court and shall be appointed by said circuit court. Salaries of said clerical assistants shall be fixed by the board of county commissioners or supervisors.

§ 14. The amount of compensation to be paid any probation officer or chief probation officer appointed by any circuit court shall be determined by the board of commissioners or supervisors of the several