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A Public Menace

A lack of leadership and accountability within the Cook County Adult Probation Department have crippled
the agency’s effectiveness, allowed dangerous criminals to run amok, and placed society at extreme risk.

By Lee Williams
CHICAGO—If the Cook County probation officer assigned spoken to the Institute say not only are much of the taxpayer
to supervise Acurie Collier had done his job, the convicted dollars being wasted, the public is far from safe.
sexual predator wouldn’t have been able to sexually assault a
13-year-old child in her bedroom on the city’s south side four The systemic failures that allowed the convicted sexual
months ago, as police have alleged. predator to go what probation officers call “off-leash”
and get arrested for sexually assaulting another child
It’s not as though the probation officer are emblematic of the problems within
ignored just one warning sign in Collier’s If the Cook County Reyes’ department, according to nearly a
behavior. His colleagues told the Illinois
Policy Institute the officer ignored 41 missed
probation officer dozen probation officers who spoke to the
Illinois Policy Institute on the condition of
curfews, let them all slide and took no official assigned to supervise anonymity. The officers said they would likely
action. Had he reported Collier’s misconduct be fired if their names were used in this story.
and “violated” the offender back to jail, the Acurie Collier had
alleged sexual assault of the child could have done his job, the These probation officers say the Cook
been averted. County Adult Department has deteriorated
convicted sexual into a morass of internal dissonance and
Before the attack, Collier had been on conflict caused by poor or chronically-absent
probation for a charge of aggravated
predator wouldn’t supervisors more concerned about their
criminal sexual assault. He remains in jail have been able to off-duty jobs than their officers, too much
subject to a $1.5 million bond, charged with “clouting” of staff and employees, a near-
aggravated sexual abuse of a minor. sexually assult a total lack of effective standards and policies,

Jesus Reyes, acting-chief of the Cook County


13-year-old child. and other destructive forces.

Adult Probation Department, admitted the The department’s annual infusion of $43
officer assigned to supervise Collier “dropped the ball.” million in public funds is misspent and wasted, the probation
officers say. Serious reforms are needed immediately or more
“I’m afraid so. That is absolutely the case,” Reyes told the probationers will go unsupervised, placing the public at
Illinois Policy Institute. extreme risk.

Reyes’ department receives $43 million per year from An investigation by the Illinois Policy Institute found
taxpayers to safeguard the public by monitoring hardened significant flaws within the agency, similar to what the
criminals whom a judge decided to sentence to probation officers have been saying:
rather than prison or jail. Probation officers who have

This story is from the Last Honest Man tip line and Web site: www.illinoispolicy.org/lasthonestman. Got an idea for a future story or
have something to share? Contact investigative reporter Lee Williams at 217-638-8054 or lee@illinoispolicy.org. Copyright © 2010, The
Illinois Policy Institute.
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• The alleged sexual assault of the 13-year- The case supervision policy for the ASOP unit,
old child committed July 31 could have signed by Reyes’ predecessor in 2004, calls for
been prevented if the probation officer— “specialized supervision that shall include long-
who remains employed at the department, term treatment and intensive surveillance.”
receiving an annual salary of more than
$72,000—had done his job and been The policy calls for three graduated phases
properly supervised. of supervision including curfews, counseling,
• Senior staff and line supervisors working home visits by armed probation officers, DNA
off-duty as a security force at the Rev. indexing, drug testing and more.
Jeremiah Wright’s former church have
been involved in criminal activity, Collier’s probation officer did some of the
according to their colleagues. required curfew checks, but little else.
• The officers say selection, hiring and
supervision of often depends on who the According to Reyes, Collier missed 17 curfew
officer knows, or who they’re related to— checks during the nine months he was
their clout. probation prior to his arrest for aggravated
• The department has standards and criminal sexual abuse.
policies, over 1,000 pages. However,
they’re poorly written and selectively However, Reyes’ officers say the actual
enforced—seldom against an officer with number of missed checks was 41. They say the
clout, the officers say. As a result, they say department’s senior staff “sanitized” Collier’s
there is little accountability. file, removing a number of the most egregious
By all • Many officers said they ignore department offenses after he was arrested for the second
policy as it often conflicts with what they sexual assault, so the department wouldn’t
accounts, view as the right thing to do. look so bad if word got out. The senior staff
Acurie • The entire department could benefit from
more transparency and public scrutiny,
also removed the file from the department’s
computer, the officers said, because they were
Collier according the Institute’s investigation. worried a disgruntled employee would send it
• The department rewards clouted staff to the media.
should never with “merit pay,” rather than using the
have been department’s left-over taxpayer dollars as The court had imposed strict conditions for
a reward for hard work, or returning them Collier: he was not to possess weapons or
free the night to the general fund, according to sources a computer, had to adhere to a 7 p.m. to 7
who spoke with the Institute. a.m. curfew, was not to have contact with
he’s alleged • There are few statewide standards for his previous victim or other minors, and was
to have made probation officers, a flaw the officers required to register as a sexual offender, pay
hope will someday result in a legislative fines and attend counseling, Reyes told the
his way to fix. Institute.
the home of As Reyes said, this ball was definitely dropped.
A preventable attack
a 13-year-old By all accounts, Acurie Collier should never
“There were 17 instances when he was not
girl. have been free the night he’s alleged to have
made his way to the home of a 13-year-old home. It’s noted that on November 9th he
girl he’d met online, using a computer that received notice he must move, as he was within
according to his probation agreement he wasn’t 500-feet of a child care facility. The probation
supposed to possess. notes are unclear whether he moved. He was
required to report in person weekly. He did not
Collier, 34, had already been convicted of a report at all during October of 2009,” Reyes
prior sexual assault of a minor, and was being said. “The probation officer did not follow the
supervised by the probation department’s protocols we have in place, and a number of
highly-touted Adult Sexual Offender Program, the conditions the court had ordered were not
known as ASOP. monitored appropriately.”
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Reyes’ officers say after only three missed officer, within the guidelines of the collective
curfew checks they would have violated bargaining agreement,” he said. “He had a clean
Collier—documented his misconduct and record prior to this. Our collective bargaining
brought it to the attention of the court, seeking agreement calls for corrective action first.” [Probation
to have him returned to prison.
Cheryl Anderson is one of the very few officer Cheryl]
“The case was not well-handled,” Reyes
admitted.
probation officers willing to allow her name to
be used in this report.
Anderson said
it’s possible
What came next was tragic. Anderson, who has a Master’s degree in
corrections, was hired as an adult probation for an officer
Collier met a 13-year-old girl online, talked her
into providing her address, drove to her south-
officer in 1988. She was recently transferred
against her will to the juvenile probation
to simply
side home and threw rocks at her window department. She said this transfer was ignore their
until he gained her attention. She cracked the punishment for a letter she wrote to a judge
window and tried to convince him to leave, complaining of harassment. duties and
but he forced his way into her bedroom and not violate an
allegedly sexually assaulted her, according to Anderson said it’s possible for an officer to
police reports. simply ignore their duties and not violate an offender, as
offender, as long as they have the right clout.
When the child’s mother heard screaming, she
long as they
called 911 and rushed to the bedroom. Collier “There are guys who go golfing with judges,” have the right
struck her in the face and tried to flee out the she said. “If this guy doesn’t do something, he
window, but was caught at the scene by police. won’t be disciplined. Judges have that kind of clout.
power. We’re just peons.”
The probation department should have known
Collier posed an extreme risk to children. He Collier remains incarcerated, held on a $1.5
was on probation for Aggravated Criminal million bond, charged with aggravated criminal
Sexual Assault, in which the previous victim sexual assault, a Class 1 felony.
was also 13 years old.
Off-duty misconduct
Even if his probation officer had done his When he was still preaching at Chicago’s
job correctly; Reyes claims he is still not sure Trinity United Church of Christ, the Reverend
whether the second sexual assault could have Jeremiah Wright Jr. had a special security detail
been prevented. comprised of Cook County Adult Probation
officers and supervisors.
“Well, I don’t know if it could have been
[prevented] or couldn’t have been,” he said. The officers, and in one instance a Deputy
“Certainly it could have improved the chances Chief, were armed and equipped with the finest
it could have been, but we can’t watch a person gear Cook County taxpayers’ money could
24-hours. I’m not going to tell you it’s a good buy, according to officers interviewed for this
thing.” special report.

The officer remains employed, which his They used department-issue radios and cars,
anonymous colleagues say is a testament to his along with their department-issue handguns.
clout.
Neither the vehicles nor the radios were
Reyes wouldn’t say what discipline was meted supposed to be used for anyone’s off-duty job.
out. His staff said the officer received only a
brief suspension. The probation officers interviewed for this
special report said the mileage of every
“We have taken appropriate action with the department vehicle is recorded, at the beginning
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and end of every shift. Reyes refused to provide the names of his
staffers working at Rev. Wright’s church, a
They said they began noticing that several process that he said would be difficult.
vehicles would somehow acquire extra miles
over the weekend, when no one was supposed “When people come to work for us, they have
to be driving them. to fill out this form whether they’re employed
somewhere else. The forms go into their
It wasn’t difficult to get access to the keys, individual files,” he said. “There isn’t a separate
which were kept in a locker at one of the file. I’d have to go through 600 of them. If
probation offices. The supervisors had access somebody did, and didn’t do one of these
to the key locker. forms, they’d be subject to discipline.”

On one Sunday several months before the 2008 No probation employee was ever criminally
elections, while driving one of the probation charged with the hit-and-run. No one was
department’s squad cars, one of Wright’s disciplined internally by Reyes, who said he
security detail got into an accident, striking two was unable to determine who was driving the
cars. Rather than exchanging information with vehicle.
the other drivers, he started backing away from
an ever-growing crowd, and then he ran quickly “At the time, someone asked me, apparently
away. they had info from someone in the department
that [the driver] was someone from the
“The car apparently had been traveling at a high department,” Reyes said. “I told them I would
The officers rate of speed, and then the driver lost control take action. I meant it. To this day I would take
and hit two cars,” Reyes said. “The person action.”
say the hit- called somebody on the radio. Another witness
and-run went up to the driver. The driver walked
away. I send field supervisors out there. They
The officers say the hit-and-run was covered up
because it involved senior department officials
was covered interviewed people and got all the information with massive amounts of clout.
they could.”
up because Reyes was not sure whether the two victims
it involved Reyes asked the Cook County Sheriff ’s Office were ever compensated by the county.
to investigate.
senior The hit-and-run is not the only incident
“We agreed to do that,” he said. “We gave them involving off-duty Cook County probation
department all the info we had.” officers working at Trinity United.
officials with
Sheriff ’s office investigators created a line- Several months later, police were dispatched to
massive up using photos from the ID Cards every the church to investigate a report of shots fired.
amounts of probation officer is issued. Still, the witnesses
and accident victims were unable to pick out As they were arriving, they noted a car fleeing
clout. the driver. the area at a high rate of speed and gave chase.
The chase turned into a police pursuit, with
Probation officers told the Institute that the multiple agencies involved. It covered more
photos provided to the sheriff ’s office were old, than 40 blocks at speeds in excess of 80 mph,
and looked nothing like the staffers working until a police supervisor ordered his officers
security for Rev. Wright. to terminate the pursuit because the risk to the
public became too great.
The car was towed from the scene, and sat
covered with a tarp in the probation lot until Probation officers told the Institute that police
it was sold for scrap. The keys were still in the nearly obtained the entire license number of
ignition. the fleeing vehicle, except for the last two or
three digits.
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It was a Cook County probation vehicle, being In addition, the department’s Web site describes
driven by an off-duty probation officer, who the agency as administrative—well within the
was working at the church, they said. Whether bounds of FOIA—which “administers a wide
he was involved in a shooting is not known. He range of programs covering both standard and Several
was never identified. specialized probation supervision and pretrial
and presentence services.” probation
Rev. Wright retired from the ministry in 2008.
Calls seeking comment from him were not Additionally, organizational charts on the same
officers told
returned. Web site, and that of the Cook County Chief the Institute
Judge, show the Adult Probation department
No transparency listed under “Non-Judicial Offices,” and that sunlight
The Illinois Policy Institute attempted to obtain therefore subject to FOIA. is needed in
numerous documents from the probation
department through a request made under the Lastly, the Institute argued that when FOIA the areas of
was drafted, the intent of the legislature was
Freedom of Information Act (FOIA).
clearly to shield the real judiciary from undue hiring and
The Institute sought copies of various policies, requests for copies of their records, most of merit pay.
such as off-duty employment, use-of-force, which are already available to the public. The
caseload supervision and others, as well as General Assembly did not intend to offer
training standards, performance evaluations and blanket FOIA exemptions to every department
e-mails pertaining to Collier’s arrest and the hit- falsely claiming some shirt-tail relation to the
and-run accident at Rev. Wright’s church. courts—especially one consisting of more than
600 employees, many of whom are armed and
In a reply sent Sept. 28, Reyes said the records carrying out law-enforcement functions.
of his agency are not subject to FOIA, because
his department operates under the Office Smith denied the request for review, thus
of the Chief Judge of Cook County, and is shielding the probation department from public
therefore part of the judiciary and immune scrutiny.
from FOIA.
The lack of transparency at the probation
In Illinois, the judiciary is not subject to the department extends far beyond an
transparency and FOIA requirements placed unwillingness to honor FOIA requests.
upon the other branches of state government,
according to a 1995 case Copley Press v. Several probation officers told the Institute that
Administrative Office of the Courts, 271 Ill. App. 3d sunlight is needed in the areas of hiring and
548 (2nd Dist. 1995). merit pay.

Reyes, on his own, provided copies of several The department awards merit pay at the end
policies, but the internal e-mails and other of the year—payments of $500 to $2,000. The
documents that would have shed sunlight onto officers say the money is not given to those
the practices of his department were withheld. who have worked the hardest. Instead it’s given
to those with clout.
The Institute appealed Reyes’ FOIA denial,
by requesting a review by the state’s public “People get merit pay at the end of the year,
access counselor Cara Smith, a deputy attorney but only if you’re part of the right fan club,”
general positioned as the final arbiter of FOIA Anderson said. “They give bonuses every year
disputes. to people that don’t deserve it, as long as they’re
riding with the right clout. If you’re in charge
In an Oct. 8 letter to Smith, the Institute argued of the pot, you get to divvy it up.
that since Reyes’ probation officers are out
daily enforcing the law, their actions are more in Anderson said much more transparency is
keeping with the executive branch than judicial. needed, such as a department-wide audit and
Page 6 of 9

financial disclosure by the staff. concept of placing an officer’s performance


evaluation online.
“The first thing that needs to happen is to
check everybody’s pocketbooks—checking and “I’m pretty sure that would be a violation of
savings,” she said. “There are a lot of people some kind,” he said.
living well above their means. Other officers say
the department needs to be up-front and open As to immunity form FOIA, Beery said,
about who it hires and why. “That’s a complex question. It depends on what
type of information is sought. Information
“There are a lot of nieces and nephews with respect to offenders should be protected.
working here,” Anderson said. General information about the department,
we’re here to serve the public and protect the
Kathleen Schaefer, M.A, president of the public. The public has a right to know what we
Detroit-based Professional Probation & Parole do.”
Consulting, Inc., is a well-respected national
probation expert. The IPCSA, Beery said, would support placing
policies and standards online for public review,
Schaefer has more than 26 years of experience as well as increasing transparency in hiring, to
with the Michigan Department of Corrections. curb nepotism.
She managed boot camps and probation
violation centers in Detroit, and probation He’s never personally thought about releasing
and parole services in two counties. She’s also the names of merit pay recipients because he’s
“Standards? conducted on-site surveys for the American never doled out merit pay.
Correctional Association. She’s worked as a
There are consultant since 2002. “If there’s money left over in my budget I
none. It’s The Illinois Policy Institute asked Schaefer
could do that, but that’s never been a practice
here,” he said. “I’ve never done it and I don’t
all based on whether additional transparency, such as placing intend to do it.”
performance evaluations of probation officers
favoritism— online, and the accompanying public scrutiny, No policy or standards
whether they would benefit the department. The Cook County Adult Probation Department
is proud of its accreditation with the American
like you, “Transparency is critical. It brings a question Correctional Association (ACA). It touts the
to my mind in terms of resolving problems
whether and trying to remedy high caseloads,” she said.
achievement on its Web site.

you’ll be a “What Michigan did was implement a statewide The officers refer to the ACA accreditation
caseload auditing system, which helps bring surveys, which take place every two years, as the
lapdog and accountability in terms of how supervision is bi-annual dog and pony show.
do whatever administered by a PO [probation officer]. It
brings accountability too in terms of the ratio Policies are updated and floors are scrubbed,
they want,” of staff to clients. That’s the real problem for they say, adding that recent inquiries from the
field agents.”
said Marie Institute caused a similar scurry to re-do policy
and training syllabuses.
Averhart. Dave Beery, the chief probation officer for
Dewitt County, is president-elect of the Illinois The officers point to a lack of real standards
Probation and Court Services Association, Inc. as the most significant issue facing the
With more than 1,000 members, the IPCSA is department.
one of the largest probation associations in the
country. “Standards? There are none. It’s all based on
favoritism—whether they like you, whether
Beery supports increased transparency for you’ll be a lapdog and do whatever they want,”
all probation departments, but balked at the said Marie Averhart, who worked as an adult
Page 7 of 9

probation officer from 2001 until she was fired armed officers say they handcuff the suspects,
in 2006. safeguard the evidence and call 911.

Averhart brought a degree in sociology with Schaefer examined the Illinois probation The officers
an emphasis in criminology, and five years of system at the Institute’s request, and noted the
experience in social services to the department. inherent lack of standards caused by county- say they
She said she ran afoul of the wrong supervisor
based probation departments, rather than one
statewide agency.
often ignore
and was fired for a case note she says was the 1,000-
written by someone else. Other states, she said, overcame similar
problems by consolidating their probation plus pages
Averhart and many current officers who
requested anonymity said there is no real
departments. of policies,
guidance on how they should do their job. “It’s tough to have statewide standards when because they’re
each county has their own control,” she said.
Anderson agrees. “Each county has their own regulations, vague, ill-
overseen by the chief judge.” conceived and
“The only real standard is who your clout is,
what race they are, and what race you are,” she Michigan, Schaefer said, had county-based conflict with
said. “Those are the real standards.” probation departments in the 1970s, until all
the departments were assumed by the state.
how things
Reyes disagrees, and points to the 1,000- The county probation officers became state work on the
plus pages in his policy manual as proof his employees.
department has standards. streets.
“What that meant was, there was one
“I don’t know why they’d say that,” he said. governing agency in the state that controlled
“We have policies. We have a clear chain of policies and how probation services would be
command. They’re supposed to follow the administered,” she said. “It sounds to me like it
standards in terms of policy. The number of could be helpful to Illinois.”
incidents that happen are few. That would
suggest to me something is going right.” She recommended a statewide audit, an
evaluation of the probation services in the
His probation officers point to the rigid state state.
standards and requirements for police officers.
By comparison, there are relatively few for “Because you have so many different agencies
probation officers, even though some perform involved—probation departments, courts,
a similar function. sheriffs’ departments, prosecutors—it’s hard to
get everyone working in sync,” she said.
They hope the legislature will get involved and
put pressure on the Administrative Office of Beery said the IPSCA would likely oppose any
the Illinois Courts to codify requirements for statewide consolidation.
their job.
“We’ve got enough bureaucracy,” he said. “It
As it stands now, the officers say they often would create a bigger bureaucracy, with less-
ignore the 1,000-plus pages of policies, because efficient delivery of services.”
they’re vague, ill-conceived and conflict with
how things work on the streets. He pointed out his association is not
responsible for setting standards, which is the
For example, the officers say if they conduct purview of the Administrative Office of the
a home visit and find the probationer using Illinois Courts.
drugs, policy requires them to back away,
not get involved and call police. Instead, the “There are state standards with respect to
Page 8 of 9

qualifications for hiring, supervision of Solutions and recommendations


cases, transferring cases,” he said. “Are they The Cook County Adult Probation Department
sufficient? Yes, but some need improvement is a massive organization, one of the largest
and updating.” probation departments in the country, and the
largest to receive accreditation by the American
Clouting Correctional Association.
The probation officers who spoke to the
Illinois Policy Institute say clouting is perhaps The agency supervises more than 25,000
the most destructive force facing their individuals annually—convicted criminals who
department. Clout undermines the chain of received probation as a sentencing option
command, kills morale and turns policy and rather than incarceration. More than 90 percent
standards into a joke. It’s created two classes of are felons.
officer, the haves and the have-nots. Often, this
determination falls along racial lines. The department also supervises 8,000 people
on “pre-trial” status—defendants who have
There are two kinds of clout they say: internal been arrested and were released on bond,
and external. awaiting further court hearings.

Who you ride with refers to one’s internal clout. The Cook County Probation Department has
What ward you got refers to an officer’s influential nearly 700 total employees, of whom 450 are
friends and relatives outside the department. probation officers. It operates out of 18 offices,
and has an annual budget of approximately $43
The Cook Officers who spoke with the Institute claim million.
County those with the right clout can let a probationer
go “off-leash” and remain employed. If the department does not function properly,
Adult the public is put at risk and millions of taxpayer
Those without clout can, like former officer dollars are wasted.
Probation Marie Averhart described, be dismissed for little
Department or no reason. To improve the operations of the department,
the Illinois Policy Institute proposes the
should place Averhart tried to fight her dismissal through her following recommendations:
union, to no avail.
all of its The Cook County Adult Probation Department
policies online “The union did nothing for me,” she said. “The needs more transparency in hiring. It needs to
adhere to civil service regulations and hire the
union man told me to go ahead and resign.
for public There was nothing we could do. My supervisor right candidate for the right reasons. Greater
was too connected. He had too much clout.” transparency of its current and future staff
scrutiny. would reduce the nepotism that plagues the
If clout is a problem within his agency, or if it agency.
even exists, Reyes said he’s never seen evidence
of it, since being appointed acting-Chief The department needs to end the practice of
Probation Officer in 2005. issuing merit pay at the end of each fiscal year.
If there is money remaining in the budget, it
“In all that time, I have not had a single should be returned to the county’s general fund.
person promoted that I did not personally The Department’s Inspector General should
recommend,” he said. “Every single supervisor, investigate merit pay disbursements over the
deputy chief, regional manager or administrative past five fiscal years.
staff have been the people I’ve selected. I’ve
selected them based on the work they’ve done, The Illinois General Assembly needs to pass
and the potential work they do.” legislation ending the judiciary’s exemption to
the state’s Freedom of Information Act. Not
only would this provide increased transparency
Page 9 of 9

of the judiciary, it would allow for greater should conduct a complete and thorough
public scrutiny of agencies that claim they fall review of its policies and procedures with
under the court’s jurisdiction, such as the Cook assistance from the American Correctional
County Adult Probation Department. Association. The Cook
The Cook County Adult Probation Department The Cook County Adult Probation Department County Adult
should place all of its policies online for public
scrutiny.
should conduct criminal records checks of its
staff every six months to determine whether
Probation
any have been arrested and failed to report the Department
The Cook County Adult Probation Department incident.
should place the performance evaluations of its should conduct
staff online to allow scrutiny from the public.
This could have exposed the misconduct of
The Cook County Adult Probation Department
should create an internal affairs unit to conduct
criminal
the probation officer who failed to supervise both proactive compliance investigations and records checks
Acurie Collier, which led to the alleged sexual to investigate allegations of misconduct made
assault of a 13-year-old girl. against its staff. of its staff
every six
The Illinois State Police should update its Sex
Offender Information Web site, which still months to
describes Collier as “compliant.”
determine
The state should retain the services of a whether any
national probation consultant to examine
whether the current practice of county-based have been
probation departments is as efficient as the
statewide probation departments used by other
arrested and
states. This expert should also examine whether failed to report
the state would benefit from outsourcing
the supervision of misdemeanants and non- the incident.
violent felons through private probation firms,
a practice used in other states that has already
proven successful and cost-effective.

The Illinois General Assembly should


pass legislation outlining specific training
requirements of armed probation officers
that are similar to the training requirements
of certified police officers, (i.e. use of force,
weapons qualification, less-than-lethal training,
first-aid).

The Cook County Adult Probation Department


should review the off-duty/secondary
employment of every staff member to
determine whether the employment interferes
with the employee’s ability to satisfactorily
perform their duties, and whether the
secondary employment impairs or reflects
poorly upon the department or the reputation
of the Circuit Court of Cook County.

The Cook County Adult Probation Department

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