Rule 36.11 - PROBATION AND COURT SERVICES RECORDS(a) A Court Order or Grand Jury subpoena is Required to Divulge the Contents of the Case Records of the Department of Probation and Court Services. The Department of Probation and Court Services must strictly comply with the following paragraph of the Probation and Probation Officers Act: "The duties of probation officers shall be:
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To preserve complete and accurate records..., 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." [730 ILCS 110/12, par. (4)]
(b)Exceptions to the Probation and Probation Officers Act. The Department of Probation and Court Services shall divulge the contents of its records in the following circumstances, without court order: (1)Violations of Probation, Conditional Discharge, or other Orders of the Court. The Department of Probation and Court Services is authorized to divulge the contents of its records that support an allegation of a violation of a court order to the Office of the State's Attorney for the exclusive purpose of proving the violation.(2)Fulfillment of Specific Conditions of Court Orders. The Department may divulge the contents of its records to anyone authorized by the Department to be involved in the fulfillment of the conditions of a court order.(3)Duty to Warn. The Department of Probation and Court Services is required to divulge the contents of its record when there is a "duty to warn." The duty is established when an individual makes a "specific" threat to harm or kill a "specific" identifiable victim.(4)Mandated Reporter Requirements. The Department may share contents of its records with the DCFS hotline when there is... "reasonable cause to believe a child known to them in their professional or official capacity may be an abused child or a neglected child." [325 ILCS 5/4 ](5)Sharing Information with Other Appropriate Authorities About Criminal Conduct. The Department may share the contents of its records with appropriate authorities when the Department has reliable information of criminal conduct.(6)Sharing Information with Police Departments. The Department may share demographic information about juvenile offenders and court results with three different police agencies: (i) the arresting department,(ii) the department where the minor lives, and, if applicable, (iii) the school police liaison officer or the police department where the offender attends school.(c)Sharing with Law Enforcement Information that does not Conflict with the Law. The Department of Probation and Court Services may divulge records with law enforcement if: (1) The information is already of public record.(2) The information is based on visual public observation of the probation officer and court service personnel.(d) The Department of Probation and Court Services and its employees are required to seek the guidance and direction from the Court on any matters of uncertainty regarding this policy.Ill. R. Cir. Ct. Dupage Cnty. 36.11