Public Act 90-0380 of the 90th General Assembly

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Public Act 90-0380

HB2171 Enrolled                               LRB9004807RCsbA

    AN ACT to  amend  the  Juvenile  Court  Act  of  1987  by
changing Section 3-33.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Juvenile Court Act of 1987 is amended  by
changing Section 3-33 as follows:

    (705 ILCS 405/3-33) (from Ch. 37, par. 803-33)
    Sec. 3-33.  Truant Minor in Need of Supervision.
    (a)  Definition.   A  Any  minor  who  is  reported  by a
regional superintendent of schools, in a county of less  than
2,000,000  inhabitants,  as  a  chronic  truant  (i)  to whom
prevention, diagnostic, intervention  and  remedial  services
and  alternative  programs  and  other  school  and community
resources have been provided and have failed to result in the
cessation of chronic truancy, or (ii) to whom such  services,
programs  and  resources  have  been  offered  and  have been
refused,  shall  be  adjudged  a  truant  minor  in  need  of
supervision.
    (a-1)  There is a rebuttable presumption that  a  chronic
truant is a truant minor in need of supervision.
    (a-2)  There  is  a  rebuttable  presumption  that school
records of a minor's attendance at school are authentic.
    (a-3)  For purposes of this Section, "chronic truant" has
the meaning ascribed to it in Section  26-2a  of  the  School
Code.
    (b)  Kinds  of dispositional orders.  A minor found to be
a truant minor in need of supervision may be:
    (1)  committed   to    the    appropriate        regional
superintendent  of  schools  for  a  multi-disciplinary  case
staffing, individualized educational plan or service plan, or
referral to comprehensive community-based youth services;
    (2)  required    to   comply   with   an   individualized
educational plan or service plan as specifically provided  by
the appropriate regional superintendent of schools;
    (3)  ordered  to  obtain  counseling  or other supportive
services;
    (4)  subject to a fine in an amount in excess of $5,  but
not  exceeding  $100,  and  each day of absence without valid
cause as defined in Section 26-2a of The  School  Code  is  a
separate offense;
    (5)  required  to  perform some reasonable public service
work such as, but not limited to, the picking up of litter in
public parks or along public highways or the  maintenance  of
public facilities; or
    (6)  subject  to  having  his  or her driver's license or
privilege suspended.
    A dispositional order may include a fine, public service,
or suspension of a driver's license or privilege only if  the
court  has  made  an  express  written finding that a truancy
prevention program has been offered by the  school,  regional
superintendent  of  schools,  or  a  community social service
agency to the truant minor in need of supervision.
    (c)  Orders entered under this Section may be enforced by
contempt proceedings.
(Source: P.A. 85-1235.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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