SB2197sam001 94TH GENERAL ASSEMBLY

Sen. William R. Haine

Filed: 2/2/2006

09400SB2197sam001 LRB094 15606 RLC 55410 a

AMENDMENT TO SENATE BILL 2197

AMENDMENT NO. ______. Amend Senate Bill 2197 by replacing everything after the enacting clause with the following:

"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. Except in cities of over 500,000 inhabitants, a A minor who is reported by a regional superintendent of schools, or in cities of over 500,000 inhabitants, by the Office of Chronic Truant Adjudication, as a chronic truant may be subject to a petition for adjudication as shall be adjudged a truant minor in need of supervision, provided that prior to the filing of the petition, the regional superintendent certifies that the minor has been offered truancy intervention services:

(1) provided and documented by a school district or regional office of education prior to the minor being absent without valid cause from compulsory school attendance for 10% or more of the previous 180 regular attendance days and that the services have not resulted in at least a 20% reduction in absences from the time the services were initially provided, specifying the date of the minor's referral for services and the extent of the minor's progress and participation in services; or

(2) provided by a comprehensive community based youth service agency to which the minor has been referred by the regional superintendent and the agency certifies that the services provided and documented by the agency have not resulted in at least a 20% reduction in absences from the time the services were offered or the minor has refused to fully participate in the services offered by the agency. If the comprehensive community based youth service agency is incapable or unwilling to provide the certification, then this requirement of a certification under this clause (a)(2) is not applicable. The comprehensive community based youth service agency shall submit reports to the regional superintendent within 30, 120, and 180 days of the minor's referral, or at any other time requested by a regional superintendent, which reports each shall certify the date of the minor's referral and the extent of the minor's progress and participation in truancy intervention services provided by the comprehensive community based youth service agency. In addition, if after referral by the regional superintendent, the minor declines or refuses to fully participate in truancy intervention services provided by the comprehensive community based youth service agency, then the agency shall immediately certify such facts to the regional superintendent.

(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" means a minor subject to compulsory school attendance and who is absent without valid cause from such attendance for 10% or more of the previous 180 regular attendance days, and has the meaning ascribed to it in Section 26-2a of the School Code.

(a-4) For purposes of this Section, "truancy intervention services" means services provided by a school district, regional office of education, or a comprehensive community based youth service agency that are designed to assist the minor's return to an educational program, and includes assessments, counseling, supportive services, optional and alternative education programs, mental health services, substance abuse treatment services, shelter, tutoring, and educational advocacy.

(a-5) Nothing in this Section shall be construed to create a private cause of action or right of recovery against a regional office of education, its superintendent, or its staff with respect to truancy intervention services where the determination to provide the services is made in good faith.

(b) Kinds of dispositional orders. A minor adjudicated 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 driving privilege suspended for a period of time as determined by the court but only until he or she attains 18 years of age.

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 comprehensive community based youth 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. 90-143, eff. 7-23-97; 90-380, eff. 8-14-97; 90-590, eff. 1-1-99; 90-655, eff. 7-30-98.)".