Full Text of SB2197 94th General Assembly
SB2197eng 94TH GENERAL ASSEMBLY
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SB2197 Engrossed |
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LRB094 15606 RLC 51341 b |
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| AN ACT concerning truant minors.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Counties Code is amended by adding Section | 5 |
| 5-1078.2 as follows: | 6 |
| (55 ILCS 5/5-1078.2 new) | 7 |
| Sec. 5-1078.2. Truants. A county board may adopt ordinances | 8 |
| to regulate truants within the unincorporated areas of its | 9 |
| jurisdiction. These ordinances may include fines for violators | 10 |
| and may provide for enforcement by citation. As used in this | 11 |
| Section, "truants" means persons who are within the definition | 12 |
| of "truant" in Section 26-2a of the School Code. | 13 |
| Section 10. The Illinois Municipal Code is amended by | 14 |
| adding Section 11-5-9 as follows: | 15 |
| (65 ILCS 5/11-5-9 new) | 16 |
| Sec. 11-5-9. Truants. The corporate authorities of any | 17 |
| municipality may adopt ordinances to regulate truants within | 18 |
| its jurisdiction. These ordinances may include fines for | 19 |
| violators and may provide for enforcement by citation. As used | 20 |
| in this Section, "truants" means persons who are within the | 21 |
| definition of "truant" in Section 26-2a of the School Code. | 22 |
| Section 15. The Juvenile Court Act of 1987 is amended by | 23 |
| changing Section 3-33 and by adding Section 3-33.5 as follows:
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| (705 ILCS 405/3-33) (from Ch. 37, par. 803-33)
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| Sec. 3-33. Truant minor in need of supervision in cities of | 26 |
| over 500,000 inhabitants
Minor in Need of Supervision . This | 27 |
| Section applies only to cities of over 500,000 inhabitants.
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| (a) Definition. A
minor who is reported by a regional |
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| superintendent of schools,
or in cities of over 500,000 | 2 |
| inhabitants, by the Office of Chronic Truant
Adjudication,
as a | 3 |
| chronic truant shall be adjudged a
truant minor in need of | 4 |
| supervision.
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| (a-1) There is a rebuttable presumption that a chronic | 6 |
| truant is a truant
minor in need of supervision.
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| (a-2) There is a rebuttable presumption that school records | 8 |
| of a minor's
attendance at school are authentic.
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| (a-3) For purposes of this Section, "chronic truant" has | 10 |
| the meaning
ascribed to it in Section 26-2a of the School Code.
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| (b) Kinds of dispositional orders. A minor found to be a | 12 |
| truant minor
in need of supervision may be:
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| (1) committed to the general
appropriate
regional
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| superintendent of schools for a multi-disciplinary case | 15 |
| staffing,
individualized
educational plan or service plan, | 16 |
| or referral to comprehensive
community-based youth | 17 |
| services;
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| (2) required to comply with an individualized | 19 |
| educational plan or service
plan as specifically provided | 20 |
| by the general
appropriate regional superintendent of
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| schools;
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| (3) ordered to obtain counseling or other supportive | 23 |
| services;
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| (4) subject to a fine in an amount in excess of $5, but | 25 |
| not exceeding
$100, and each day of absence without valid | 26 |
| cause as defined in Section 26-2a
of The School Code is a | 27 |
| separate offense;
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| (5) required to perform some reasonable public service | 29 |
| work such as, but
not limited to, the picking up of litter | 30 |
| in public parks or along public
highways or the maintenance | 31 |
| of public facilities; or
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| (6) subject to having his or her driver's license or | 33 |
| driving privilege
suspended for a period of time as | 34 |
| determined by the court but only until he
or she attains 18 | 35 |
| years of age.
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| A dispositional order may include a fine, public service, |
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| or
suspension of a driver's license or privilege only if the | 2 |
| court has made an
express written finding that a truancy | 3 |
| prevention program has been offered by
the school, general
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| regional superintendent of schools, or a community social | 5 |
| service
agency to the truant minor in need of supervision.
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| (c) Orders entered under this Section may be enforced by | 7 |
| contempt
proceedings.
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| (Source: P.A. 90-143, eff. 7-23-97; 90-380, eff. 8-14-97; | 9 |
| 90-590, eff.
1-1-99; 90-655, eff. 7-30-98.)
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| (705 ILCS 405/3-33.5 new)
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| Sec. 3-33.5. Truant minor in need of supervision outside | 12 |
| cities of over 500,000 inhabitants. This Section applies only | 13 |
| outside of cities of over 500,000 inhabitants. | 14 |
| (a) Definition. A
minor who is reported by the office of | 15 |
| the regional superintendent of schools as a chronic truant may | 16 |
| be subject to a petition for adjudication and adjudged a
truant | 17 |
| minor in need of supervision, provided that prior to the filing | 18 |
| of the petition, the office
of the regional superintendent of | 19 |
| schools or a community truancy review board certifies that the | 20 |
| local school has provided appropriate truancy intervention | 21 |
| services
to the truant minor and his or her family. For | 22 |
| purposes of this Section, "truancy intervention services"
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| means services designed to assist the minor's return to an | 24 |
| educational program, and includes but is not
limited to: | 25 |
| assessments, counseling, mental health services, shelter, | 26 |
| optional and alternative education
programs, tutoring, and | 27 |
| educational advocacy. If, after review by the regional office | 28 |
| of education or
community truancy review board it is determined | 29 |
| the local
school did not provide the appropriate interventions, | 30 |
| then the minor shall be referred to a comprehensive community
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| based youth service agency for truancy intervention services. | 32 |
| If the comprehensive community based youth service
agency is | 33 |
| incapable or unwilling to provide intervention services, then | 34 |
| this requirement for services is
not applicable. The | 35 |
| comprehensive community based youth service agency shall |
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| submit reports to the office of the
regional superintendent of | 2 |
| schools or truancy review board within 20, 40, and 80 school | 3 |
| days of the initial referral or at any other time requested by | 4 |
| the
office of the regional superintendent of schools or truancy | 5 |
| review board, which reports each shall certify the date of the | 6 |
| minor's referral and the extent of the
minor's progress and | 7 |
| participation in truancy intervention services provided by the | 8 |
| comprehensive community based youth service agency. In | 9 |
| addition, if, after referral by the office of the regional | 10 |
| superintendent of
schools or community truancy review board, | 11 |
| the minor
declines or refuses to fully participate in truancy | 12 |
| intervention services provided by the comprehensive community | 13 |
| based
youth service agency, then the agency shall immediately | 14 |
| certify such facts to the office of the regional
superintendent | 15 |
| of schools or community truancy review board. | 16 |
| (a-1) There is a rebuttable presumption that a chronic | 17 |
| truant is a truant
minor in need of supervision. | 18 |
| (a-2) There is a rebuttable presumption that school records | 19 |
| of a minor's
attendance at school are authentic. | 20 |
| (a-3) For purposes of this Section, "chronic truant" means | 21 |
| a minor subject to compulsory school attendance and who is | 22 |
| absent without valid cause from such attendance for 10% or more | 23 |
| of the previous 180 regular attendance days and has the meaning
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| ascribed to it in Section 26-2a of the School Code. | 25 |
| (a-4) For purposes of this Section, a "community truancy | 26 |
| review board" is a local community based board comprised of but | 27 |
| not limited to: representatives from local comprehensive | 28 |
| community based youth service agencies, representatives from | 29 |
| court service agencies, representatives from local schools, | 30 |
| representatives from health service agencies, and | 31 |
| representatives from local professional and community | 32 |
| organizations as deemed appropriate by the office of the | 33 |
| regional superintendent of schools. The regional | 34 |
| superintendent of schools must approve the establishment and | 35 |
| organization of a community truancy review board and the | 36 |
| regional superintendent of schools or his or her designee shall |
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| chair the board. | 2 |
| (a-5) Nothing in this Section shall be construed to create | 3 |
| a private cause of action or right of recovery against a | 4 |
| regional office of education, its superintendent, or its staff | 5 |
| with respect to truancy intervention services where the | 6 |
| determination to provide the services is made in good faith. | 7 |
| (b) Kinds of dispositional orders. A minor found to be a | 8 |
| truant minor
in need of supervision may be: | 9 |
| (1) committed to the appropriate
regional | 10 |
| superintendent of schools for a student assistance team | 11 |
| staffing, a service plan, or referral to a comprehensive | 12 |
| community based youth service agency; | 13 |
| (2) required to comply with a service
plan as | 14 |
| specifically provided by the appropriate regional | 15 |
| superintendent of
schools; | 16 |
| (3) ordered to obtain counseling or other supportive | 17 |
| services; | 18 |
| (4) subject to a fine in an amount in excess of $5, but | 19 |
| not exceeding
$100, and each day of absence without valid | 20 |
| cause as defined in Section 26-2a
of The School Code is a | 21 |
| separate offense; | 22 |
| (5) required to perform some reasonable public service | 23 |
| work such as, but
not limited to, the picking up of litter | 24 |
| in public parks or along public
highways or the maintenance | 25 |
| of public facilities; or | 26 |
| (6) subject to having his or her driver's license or | 27 |
| driving privilege
suspended for a period of time as | 28 |
| determined by the court but only until he
or she attains 18 | 29 |
| years of age. | 30 |
| A dispositional order may include a fine, public service, | 31 |
| or
suspension of a driver's license or privilege only if the | 32 |
| court has made an
express written finding that a truancy | 33 |
| prevention program has been offered by
the school, regional | 34 |
| superintendent of schools, or a comprehensive community based | 35 |
| youth service
agency to the truant minor in need of | 36 |
| supervision. |
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SB2197 Engrossed |
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LRB094 15606 RLC 51341 b |
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| (c) Orders entered under this Section may be enforced by | 2 |
| contempt
proceedings.
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| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law.
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