Full Text of SB2197 94th General Assembly
SB2197sam001 94TH GENERAL ASSEMBLY
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Sen. William R. Haine
Filed: 2/2/2006
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LRB094 15606 RLC 55410 a |
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| AMENDMENT TO SENATE BILL 2197
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| AMENDMENT NO. ______. Amend Senate Bill 2197 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Juvenile Court Act of 1987 is amended by | 5 |
| changing Section 3-33 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.
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| (a) Definition. Except in cities of over 500,000 | 9 |
| inhabitants, a
A
minor who is reported by a regional | 10 |
| superintendent of schools ,
or in cities of over 500,000 | 11 |
| inhabitants, by the Office of Chronic Truant
Adjudication,
as a | 12 |
| chronic truant may be subject to a petition for adjudication as
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| shall be adjudged a
truant minor in need of supervision , | 14 |
| provided that prior to the filing of the petition, the regional | 15 |
| superintendent certifies that the minor has been offered | 16 |
| truancy intervention services: | 17 |
| (1) provided and documented by a school district or | 18 |
| regional office of education prior to the minor being | 19 |
| absent without valid cause from compulsory school | 20 |
| attendance for 10% or more of the previous 180 regular | 21 |
| attendance days and that the services have not resulted in | 22 |
| at least a 20% reduction in absences from the time the | 23 |
| services were initially provided, specifying the date of | 24 |
| the minor's referral for services and the extent of the |
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| minor's progress and participation in services; or | 2 |
| (2) provided by a comprehensive community based youth | 3 |
| service agency to which the minor has been referred by the | 4 |
| regional superintendent and the agency certifies that the | 5 |
| services provided and documented by the agency have not | 6 |
| resulted in at least a 20% reduction in absences from the | 7 |
| time the services were offered or the minor has refused to | 8 |
| fully participate in the services offered by the agency. If | 9 |
| the comprehensive community based youth service agency is | 10 |
| incapable or unwilling to provide the certification, then | 11 |
| this requirement of a certification under this clause | 12 |
| (a)(2) is not applicable. The comprehensive community | 13 |
| based youth service agency shall submit reports to the | 14 |
| regional superintendent within 30, 120, and 180 days of the | 15 |
| minor's referral, or at any other time requested by a | 16 |
| regional superintendent, which reports each shall certify | 17 |
| the date of the minor's referral and the extent of the | 18 |
| minor's progress and participation in truancy intervention | 19 |
| services provided by the comprehensive community based | 20 |
| youth service agency. In addition, if after referral by the | 21 |
| regional superintendent, the minor declines or refuses to | 22 |
| fully participate in truancy intervention services | 23 |
| provided by the comprehensive community based youth | 24 |
| service agency, then the agency shall immediately certify | 25 |
| such facts to the regional superintendent .
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| (a-1) There is a rebuttable presumption that a chronic | 27 |
| truant is a truant
minor in need of supervision.
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| (a-2) There is a rebuttable presumption that school records | 29 |
| of a minor's
attendance at school are authentic.
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| (a-3) For purposes of this Section, "chronic truant" means | 31 |
| a minor subject to compulsory school attendance and who is | 32 |
| absent without valid cause from such attendance for 10% or more | 33 |
| of the previous 180 regular attendance days, and has the | 34 |
| meaning
ascribed to it in Section 26-2a of the School Code.
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| (a-4) For purposes of this Section, "truancy intervention | 2 |
| services" means services provided by a school district, | 3 |
| regional office of education, or a comprehensive community | 4 |
| based youth service agency that are designed to assist the | 5 |
| minor's return to an educational program, and includes | 6 |
| assessments, counseling, supportive services, optional and | 7 |
| alternative education programs, mental health services, | 8 |
| substance abuse treatment services, shelter, tutoring, and | 9 |
| educational advocacy.
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| (a-5) Nothing in this Section shall be construed to create | 11 |
| a private cause of action or right of recovery against a | 12 |
| regional office of education, its superintendent, or its staff | 13 |
| with respect to truancy intervention services where the | 14 |
| determination to provide the services is made in good faith.
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| (b) Kinds of dispositional orders. A minor adjudicated
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| found to be a truant minor
in need of supervision may be:
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| (1) committed to the appropriate
regional | 18 |
| superintendent of schools for a multi-disciplinary case | 19 |
| staffing,
individualized
educational plan or service plan, | 20 |
| or referral to comprehensive
community-based youth | 21 |
| services;
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| (2) required to comply with an individualized | 23 |
| educational plan or service
plan as specifically provided | 24 |
| by the appropriate regional superintendent of
schools;
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| (3) ordered to obtain counseling or other supportive | 26 |
| services;
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| (4) subject to a fine in an amount in excess of $5, but | 28 |
| not exceeding
$100, and each day of absence without valid | 29 |
| cause as defined in Section 26-2a
of The School Code is a | 30 |
| separate offense;
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| (5) required to perform some reasonable public service | 32 |
| work such as, but
not limited to, the picking up of litter | 33 |
| in public parks or along public
highways or the maintenance | 34 |
| of public facilities; or
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| (6) subject to having his or her driver's license or | 2 |
| driving privilege
suspended for a period of time as | 3 |
| determined by the court but only until he
or she attains 18 | 4 |
| years of age.
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| A dispositional order may include a fine, public service, | 6 |
| or
suspension of a driver's license or privilege only if the | 7 |
| court has made an
express written finding that a truancy | 8 |
| prevention program has been offered by
the school, regional | 9 |
| superintendent of schools, or a comprehensive community based | 10 |
| youth
social service
agency to the truant minor in need of | 11 |
| supervision.
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| (c)
Orders entered under this Section may be enforced by | 13 |
| contempt
proceedings.
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| (Source: P.A. 90-143, eff. 7-23-97; 90-380, eff. 8-14-97; | 15 |
| 90-590, eff.
1-1-99; 90-655, eff. 7-30-98.)".
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