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90_HB2171
705 ILCS 405/3-4 from Ch. 37, par. 803-4
705 ILCS 405/3-33 from Ch. 37, par. 803-33
Amends the Juvenile Court Act of 1987. In Article
concerning minors requiring authoritative intervention,
provides that a law enforcement officer shall return a truant
minor to school. If the minor refuses to return to school,
the minor shall be held in limited custody. Provides that a
truant minor in need of supervision may be held in detention
for a period not to exceed 30 days. Effective immediately.
LRB9004807RCsbA
LRB9004807RCsbA
1 AN ACT to amend the Juvenile Court Act of 1987 by
2 changing Sections 3-4 and 3-33.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Juvenile Court Act of 1987 is amended by
6 changing Sections 3-4 and 3-33 as follows:
7 (705 ILCS 405/3-4) (from Ch. 37, par. 803-4)
8 Sec. 3-4. Taking minor into limited custody.
9 (a) A law enforcement officer may, without a warrant,
10 take into limited custody a minor who the law enforcement
11 officer reasonably determines is (i) absent from home without
12 consent of the minor's parent, guardian or custodian, or (ii)
13 beyond the control of his or her parent, guardian or
14 custodian, in circumstances which constitute a substantial or
15 immediate danger to the minor's physical safety, or (iii) a
16 truant.
17 (b) A law enforcement officer who takes a minor into
18 limited custody shall (i) immediately inform the minor of the
19 reasons for such limited custody, and (ii) make a prompt,
20 reasonable effort to inform the minor's parents, guardian, or
21 custodian that the minor has been taken into limited custody
22 and where the minor is being kept, or (iii) if a truant
23 minor, return the minor to school. If the minor refuses to
24 return to school then the minor shall be held in limited
25 custody.
26 (c) If the minor consents, the law enforcement officer
27 shall make a reasonable effort to transport, arrange for the
28 transportation of or otherwise release the minor to the
29 parent, guardian or custodian. Upon release of a minor who
30 is believed to need or would benefit from medical,
31 psychological, psychiatric or social services, the law
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1 enforcement officer may inform the minor and the person to
2 whom the minor is released of the nature and location of
3 appropriate services and shall, if requested, assist in
4 establishing contact between the family and an agency or
5 association providing such services.
6 (d) If the law enforcement officer is unable by all
7 reasonable efforts to contact a parent, custodian, relative
8 or other responsible person; or if the person contacted lives
9 an unreasonable distance away; or if the minor refuses to be
10 taken to his or her home or other appropriate residence; or
11 if the officer is otherwise unable despite all reasonable
12 efforts to make arrangements for the safe release of the
13 minor taken into limited custody, the law enforcement officer
14 shall take or make reasonable arrangements for transporting
15 the minor to an agency or association providing crisis
16 intervention services, or, where appropriate, to a mental
17 health or developmental disabilities facility for screening
18 for voluntary or involuntary admission under Section 3-500 et
19 seq. of the Illinois Mental Health and Developmental
20 Disabilities Code; provided that where no crisis intervention
21 services exist, the minor may be transported for services to
22 court service departments or probation departments under the
23 court's administration.
24 (e) No minor shall be involuntarily subject to limited
25 custody for more than 6 hours from the time of the minor's
26 initial contact with the law enforcement officer.
27 (f) No minor taken into limited custody shall be placed
28 in a jail, municipal lockup, detention center or secure
29 correctional facility.
30 (g) The taking of a minor into limited custody under
31 this Section is not an arrest nor does it constitute a police
32 record; and the records of law enforcement officers
33 concerning all minors taken into limited custody under this
34 Section shall be maintained separate from the records of
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1 arrest and may not be inspected by or disclosed to the public
2 except by order of the court. However, such records may be
3 disclosed to the agency or association providing interim
4 crisis intervention services for the minor.
5 (h) Any law enforcement agency, juvenile officer or
6 other law enforcement officer acting reasonably and in good
7 faith in the care of a minor in limited custody shall be
8 immune from any civil or criminal liability resulting from
9 such custody.
10 (Source: P.A. 87-1154.)
11 (705 ILCS 405/3-33) (from Ch. 37, par. 803-33)
12 Sec. 3-33. Truant Minor in Need of Supervision. (a)
13 Definition. A Any minor who is reported by a regional
14 superintendent of schools, in a county of less than 2,000,000
15 inhabitants, as a chronic truant (i) to whom prevention,
16 diagnostic, intervention and remedial services and
17 alternative programs and other school and community resources
18 have been provided and have failed to result in the cessation
19 of chronic truancy, or (ii) to whom such services, programs
20 and resources have been offered and have been refused, shall
21 be adjudged a truant minor in need of supervision.
22 (b) Kinds of dispositional orders. A minor found to be
23 a truant minor in need of supervision may be:
24 (1) committed to the appropriate regional
25 superintendent of schools for a multi-disciplinary case
26 staffing, individualized educational plan or service plan, or
27 referral to comprehensive community-based youth services;
28 (2) required to comply with an individualized
29 educational plan or service plan as specifically provided by
30 the appropriate regional superintendent of schools;
31 (3) ordered to obtain counseling or other supportive
32 services;
33 (4) subject to a fine in an amount in excess of $5, but
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1 not exceeding $100, and each day of absence without valid
2 cause as defined in Section 26-2a of The School Code is a
3 separate offense;
4 (5) required to perform some reasonable public service
5 work such as, but not limited to, the picking up of litter in
6 public parks or along public highways or the maintenance of
7 public facilities; or
8 (6) subject to having his or her driver's license or
9 privilege suspended; or.
10 (7) held in detention for a period not to exceed 30
11 days.
12 (Source: P.A. 85-1235.)
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.