Sen. William R. Haine

Filed: 3/8/2005

 

 


 

 


 
09400SB0030sam001 LRB094 03559 RLC 43140 a

1
AMENDMENT TO SENATE BILL 30

2     AMENDMENT NO. ______. Amend Senate Bill 30 by replacing
3 everything after the enacting clause with the following:
 
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 a
11 chronic truant may be subject to a petition for adjudication as
12 shall be adjudged a truant minor in need of supervision,
13 provided that prior to the filing of the petition, a
14 comprehensive community based youth service agency shall
15 certify that the minor has been referred by the regional
16 superintendent or Office of Chronic Truant Adjudication to that
17 agency for truancy intervention services, and the regional
18 superintendent or Office of Chronic Truant Adjudication shall
19 certify that truancy intervention services have not resulted in
20 the cessation of chronic truancy after referral for truancy
21 intervention services. The comprehensive community based youth
22 service agency shall submit reports to the regional
23 superintendent or the Office of Chronic Truant Adjudication
24 within 30, 120, and 180 days of the minor's referral, or at any

 

 

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1 other time requested by a regional superintendent or the Office
2 of Chronic Truant Adjudication, which reports each shall
3 certify the date of the minor's referral and the extent of the
4 minor's progress and participation in truancy intervention
5 services provided by the comprehensive community based youth
6 service agency. In addition, if after referral by the regional
7 superintendent or the Office of Chronic Truant Adjudication,
8 the minor declines or refuses to fully participate in truancy
9 intervention services provided by the comprehensive community
10 based youth service agency, then the agency shall immediately
11 certify such facts to the regional superintendent or the Office
12 of Chronic Truant Adjudication.
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 records
16 of a minor's attendance at school are authentic.
17     (a-3) For purposes of this Section, "chronic truant" means
18 a minor subject to compulsory school attendance and who is
19 absent without valid cause from such attendance for 10% or more
20 of the previous 180 regular attendance days, and has the
21 meaning ascribed to it in Section 26-2a of the School Code.
22     (a-4) For purposes of this Section, "truancy intervention
23 services" means services provided by a comprehensive community
24 based youth service agency that are designed to assist the
25 minor's return to an educational program, and includes
26 assessments, counseling, mental health services, shelter,
27 tutoring, and educational advocacy.
28     (b) Kinds of dispositional orders. A minor adjudicated
29 found to be a truant minor in need of supervision may be:
30         (1) committed to the appropriate regional
31     superintendent of schools for a multi-disciplinary case
32     staffing, individualized educational plan or service plan,
33     or referral to comprehensive community-based youth
34     services;

 

 

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1         (2) required to comply with an individualized
2     educational plan or service plan as specifically provided
3     by the appropriate regional superintendent of schools;
4         (3) ordered to obtain counseling or other supportive
5     services;
6         (4) subject to a fine in an amount in excess of $5, but
7     not exceeding $100, and each day of absence without valid
8     cause as defined in Section 26-2a of The School Code is a
9     separate offense;
10         (5) required to perform some reasonable public service
11     work such as, but not limited to, the picking up of litter
12     in public parks or along public highways or the maintenance
13     of public facilities; or
14         (6) subject to having his or her driver's license or
15     driving privilege suspended for a period of time as
16     determined by the court but only until he or she attains 18
17     years of age.
18     A dispositional order may include a fine, public service,
19 or suspension of a driver's license or privilege only if the
20 court has made an express written finding that a truancy
21 prevention program has been offered by the school, regional
22 superintendent of schools, or a comprehensive community based
23 youth social service agency to the truant minor in need of
24 supervision.
25     (c) Orders entered under this Section may be enforced by
26 contempt proceedings.
27 (Source: P.A. 90-143, eff. 7-23-97; 90-380, eff. 8-14-97;
28 90-590, eff. 1-1-99; 90-655, eff. 7-30-98.)".