« ForrigeFortsett »
be fined for each offense in the sum of not less than $25.00 nor more than $100.00. APPROVED June 29th, 1915.
PAROLE SYSTEM-LIFE TERM PRISONERS.
§ 1. Amends section 4, Act of 1899. $ 4. As amended, adds provision for parole of life term prisoners who have served for a period of not less than twenty years.
(SENATE BILL No. 179. APPRoved JUNE 24, 1915.)
AN ACT to amend an Act entitled, “An Act to revise the law in relation to the sentence and commitment of persons convicted of crime, and providing for a system of parole, and to provide compensation for the officers of said system of parole,” approved April 21, 1899, in force July 1, 1899. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That an Act entitled, “An Act to revise the law in relation to the sentence and commitment of persons convicted of crime, and providing for a system of parole, and to provide compensation for the officers of said system of parole,” approved April 21, 1899, in force July 1, 1899, be and the same is hereby amended by amending section four (4) thereof so that the said section four (4) when amended shall read as follows: § 4. The said Board of Pardons shall have power to establish rules and regulations under which prisoners in the penitentiary may be allowed to go upon parole outside of the penitentiary building and enclosure. Prisoners heretofore or hereafter sentenced to life imprisonment or for a definite term longer than twenty years may in the discretion of the State Board of Pardons be paroled in like manner as prisoners otherwise sentenced: Provided, that no life convict shall be paroled who has served less than twenty (20) years; and, provided, that persons sentenced to a term less than a life term and more than twenty-five years, shall be eligible to parole after serving for a time equal to such term after the allowances made for good behavior; and provided, that no prisoner shall be released from either penitentiary on parole until the State Board of Pardons or the warden of said penitentiary shall have made arrangements, or shall have satisfactory evidence that arrangements have been made, for his honorable and useful employment while upon parole, in some suitable occupation, and also for a proper and suitable home, free from criminal influences and without expense to the State: And provided, further, that all prisoners so temporarily released upon parole shall, at all times, until the receipt of their final discharge, be considered in the legal custody of the warden of the penitentiary from which they were paroled, and shall during the said time, be considered as remaining under conviction for the crime of which they were convicted and sentenced, and subject at any time to be taken back within the enclosure of said penitentiary, and full power to enforce such rules and regulations and to re-take and re-imprison any inmate so upon parole, is hereby conferred upon the warden of said penitentiary whose order or writ certified by the clerk of said penitentiary, with the seal of the institution attached, and directed to all sheriffs, coroners, constables, police officers, or to any particular person named in said order or writ, shall be sufficient warrant for the officer or other person named therein to authorize said officer or person to arrest and deliver to the warden of said penitentiary the body of the conditionally released or paroled prisoner named in said writ and it is hereby made the duty of all sheriffs, coroners, constables, police officers or other persons named therein to execute said order or writ the same as other criminal process. In case any prisoner so conditionally released or paroled shall flee beyond the limit of the State, he may be returned pursuant to the provisions of the law of this State relating to fugitives from justice. It shall be the duty of the warden, immediately upon the return of any conditionally released or paroled prisoner, to make report of the same to the State Board of Pardons, giving the reasons for the return of said paroled prisoner. Provided, further, that the State Board of Pardons may, in its discretion, permit any prisoner to temporarily and conditionally depart from such penitentiary on parole, and go to some county in the State named and there remain within the limits of the county and not to depart from the same without written authority from said board, for such length of time as the board may determine, and upon the further condition that such prisoner shall, during the time of his parole, be and continuously remain a law-abiding citizen of industrious and temperate habits, and report to the sheriff of the county on the first day of each month, giving a particular account of his conduct during the month, and it shall be the duty of such sheriff to investigate such report and ascertain what has been the habits and conduct of such prisoner during the time covered by such report and to transmit such report upon blanks furnished him by the warden of the penitentiary to said warden within five days after the receipt of such prisoner's report, adding to such report the sheriff’s statement as to the truth of the report so made to him by the prisoner. It shall also be the duty of such sheriff to keep secret the fact that such prisoner is a paroled prisoner, and in no case, divulge such fact to any person or persons so long as said prisoner obeys the terms and conditions of his parole. APPROVED June 24th, 1915.
PROBATION SYSTEM-ACT OF 1911 AMENDED.
§ 1. Amends sections 2, 3, 4, 7, 9, 12, 13 and 14, § 7. Discharge or extension of probation Act of 1911. period.
§ 2. Who may be admitted to probation $ 9. Probation officers—appointment—
§ 3. Before granting request court shall § 13. Chief probation officers, duties—
continuing cause—jurisdiction. - § 14. Compensation of probation officer § 4. Release on probation upon what —traveling and other expenses. conditions.
(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 le" or and spirit, providing, among other things for the qualifications