093_HB1415eng

 
HB1415 Engrossed                     LRB093 04306 RLC 04352 b

 1        AN ACT in relation to minors.

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

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

 6        (705 ILCS 405/3-33) (from Ch. 37, par. 803-33)
 7        Sec. 3-33.  Truant Minor in Need of Supervision.
 8        (a)  Definition.  A minor who is reported by  a  regional
 9    superintendent  of  schools,  or  in  cities  of over 500,000
10    inhabitants, by the Office of Chronic Truant Adjudication, as
11    a chronic truant shall be adjudged a truant minor in need  of
12    supervision.
13        (a-1)  There  is  a rebuttable presumption that a chronic
14    truant is a truant minor in need of supervision.
15        (a-2)  There is  a  rebuttable  presumption  that  school
16    records of a minor's attendance at school are authentic.
17        (a-3)  For purposes of this Section, "chronic truant" has
18    the  meaning  ascribed  to  it in Section 26-2a of the School
19    Code.
20        (b)  Kinds of dispositional orders.  A minor found to  be
21    a truant minor in need of supervision may be:
22             (1)  committed   to   the   appropriate     regional
23        superintendent of schools for a  multi-disciplinary  case
24        staffing,  individualized  educational  plan  or  service
25        plan,  or referral to comprehensive community-based youth
26        services;
27             (2)  required  to  comply  with  an   individualized
28        educational plan or service plan as specifically provided
29        by the appropriate regional superintendent of schools;
30             (3)  ordered   to   obtain   counseling   or   other
31        supportive services;
 
HB1415 Engrossed            -2-      LRB093 04306 RLC 04352 b
 1             (4)  subject to a fine in an amount in excess of $5,
 2        but  not  exceeding $100, and each day of absence without
 3        valid cause as defined in Section  26-2a  of  The  School
 4        Code is a separate offense;
 5             (5)  required  to  perform  some  reasonable  public
 6        service  work such as, but not limited to, the picking up
 7        of litter in public parks or along public highways or the
 8        maintenance of public facilities; or
 9             (6)  subject to having his or her  driver's  license
10        or  driving  privilege  suspended for a period of time as
11        determined by the court but only until he or she  attains
12        18 years of age.
13        A dispositional order may include a fine, public service,
14    or  suspension of a driver's license or privilege only if the
15    court has made an express  written  finding  that  a  truancy
16    prevention  program  has been offered by the school, regional
17    superintendent of schools,  or  a  community  social  service
18    agency to the truant minor in need of supervision.
19        (c)  Orders entered under this Section may be enforced by
20    contempt proceedings.
21        (d)  A  minor  who  is  detained  in a juvenile detention
22    facility solely because the minor  is  adjudicated  a  truant
23    minor  in  need  of  supervision  shall be kept separate from
24    other minors incarcerated in the facility for offenses  which
25    if  committed  by an adult would be classified as felonies or
26    misdemeanors.   A  minor  who  is  detained  in  a   juvenile
27    detention  facility  as a truant minor in need of supervision
28    shall be provided tutors and while detained at  the  facility
29    shall  be  assigned  appropriate school work as determined by
30    the director of the facility.
31    (Source: P.A. 90-143, eff.  7-23-97;  90-380,  eff.  8-14-97;
32    90-590, eff. 1-1-99; 90-655, eff. 7-30-98.)