Article VIII Truancy and Curfew Code

A person who under court order is the custodian of the person of a minor or

A public or private agency with which the court has placed a minor or

A person acting in the role of a parent by reason of a private agreement, arrangement, custom or habit.

EMERGENCY

Means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, fire, natural disaster, automobile accident, medical emergency or any situation requiring immediate action to prevent serious bodily injury or loss of life.

ESTABLISHMENT

Means any privately owned place of business to which the public is invited, including but not limited to any place of amusement or entertainment.

GUARDIAN

Means:

Parent or

A person who under court order is the guardian of the person of a minor; or

A public or private agency with which the court has placed a minor.

MINOR

Means a person under eighteen (18) years of age.

PARENT

Means a person who is a natural parent, adoptive parent, or step-parent of another person.

PUBLIC PLACE

Means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, public ways, sidewalks and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.

RESPONSIBLE ADULT

Means a person at least eighteen (18) years of age, authorized by a parent, guardian or custodian to have the care and custody of a minor.

SERIOUS BODILY INJURY

Means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

TRUANCY CURFEW HOURS

Means the period of the day when the school the minor would normally attend is in session, on days when the school the minor would normally attend is in session.

TRUANT OFFICER

Means any officer, appointee, employee or other agency of any school district or any federal, state or local government, entity or any agency thereof performing the duties of a truant officer under the Illinois Compulsory Attendance Statute. (See 105 ILCS 5/26-1 et seq.)

TRUANCY REVIEW BOARD

Means any agency or entity established by any school district or any federal, state or local governmental entity or any counseling or social agency or any combination thereof recognized by the County and/or the court as an agency which provides service to improve education performance and/or attendance.

§ 27-8-2 Curfew Restrictions.

[Ord. No. 09-01, 2-2-2009]

It is unlawful for any minor to be present in any public place or on the premises of any establishment within the County during curfew hours.

It is unlawful for any parent or guardian or custodian of a minor to knowingly permit, or by insufficient control to allow, the minor to be present in any public place or on the premises of any establishment within the County during curfew hours.

It is a defense to prosecution under Section 27-8-2(A) and (B) or Section 27-8-4 (hereinafter) that the minor was:

Accompanied by the child’s parent, guardian, or custodian.

Accompanied by an adult specified by the child’s parent, guardian, or custodian.

Participating in, going to, or returning from:

(a)

Lawful employment;

(b)

A school-sanctioned activity;

(c)

An emergency involving the protection of a person or property form an imminent threat of serious bodily injury or substantial damage;

(d)

A religious event;

(e)

An activity involving the exercise of the child’s rights protected under the First Amendment to the United States Constitution, the Constitution of the State of Illinois, or both, such as freedom of speech and the right of assembly; or

(f)

An activity conducted by a nonprofit or governmental entity that provides recreation, education, training, or other care under the supervision of one or more adults.

(4)

Engaged in interstate or international travel from a location outside Illinois to another location outside Illinois.

§ 27-8-3 Truancy Restrictions.

[Ord. No. 09-01, 2-2-2009]

It is unlawful for any minor who is subject to compulsory education or to compulsory continuation education by statute or court order to be present without valid cause from such attendance for a school day or portion thereof.

It is unlawful for any parent, guardian, or custodian of a minor to knowingly permit or by insufficient control to allow the minor to be absent without valid cause from such attendance for a school day or portion thereof.

It is a defense to a violation under Section 27-8-3(A) or (B) or Section 27-8-4 that the child engaged in the prohibited conduct while:

Accompanied by the child’s parent, guardian, or custodian.

Accompanied by an adult specified by the child’s parent, guardian, or custodian.

Participating in, going to, or returning from:

(a)

Lawful employment;

(b)

A school-sanctioned activity;

(c)

An emergency involving the protection of a person or property form an imminent threat of serious bodily injury or substantial damage;

(d)

A religious event;

(e)

(f)

An activity conducted by a nonprofit or governmental entity that provides recreation, education, training, or other care under the supervision of one or more adults.

(4)

Engaged in interstate or international travel from a location outside Illinois to another location outside Illinois.

§ 27-8-4 Enforcement.

[Ord. No. 09-01, 2-2-2009]

Every member of the Police/Sheriff’s Department while on duty is hereby authorized to temporarily detain any minor alleged to be in violation of the provisions of this Article (regardless of whether a citation is immediately issued) until the parent, guardian, or custodian of the minor shall take him or her into custody. Such officer shall immediately upon taking custody of the minor reasonably attempt to communicate with the parent, guardian, or custodian of the minor unless Subsection (E) hereinafter is applicable. A parent, guardian, or custodian must take custody of the minor within one (1) hour of the time of notice or be subject to a charge of Twenty-Five Dollars ($25.00) per hour as hereinafter provided.

Before taking any enforcement action, a police officer shall ask the apparent offender’s age and reason for being in the public place. The officer shall not issue a citation or make an arrest unless the officer reasonably believes an offense has occurred and that, based on any response and other circumstances, no defense contained in Section 27-8-2(C) or 27-8-3(C) is present.

Citation. A citation issued hereunder this shall be in writing and shall:

State the name of the person being cited and the person’s address if known.

Set forth the specific section of this Article that was violated, the date, time and location of the violation and a brief description of the violation.

Be signed by the issuing Police Officer (County or City), Truant Officer or complaining party.

In each instance where a citation is issued to a minor for violation of this Article, a minor’s parent, guardian, or custodian shall be provided a copy of the citation notifying the parent, guardian, or custodian of the charge made against the minor.

(D)

A minor cited for a violation under this Article must attend a court hearing on the citation and must be accompanied at the hearing by his or her parent, guardian, or custodian, or other adult person having the legal care and custody of the minor. If any such person fails to attend any court hearing with the minor, and unless the interest of justice would otherwise be served, the court may continue the hearing and shall issue a Notice or a Rule to Show Cause to the person, directing that said person to appear at the continued hearing with the minor. Failure of the person to thereafter appear shall subject said person to sanctions for contempt of court as determined by the court.

(E)

Every member of the Police/Sheriff’s Department while on duty is hereby authorized to temporarily detain any minor violating the provisions of Section 27-8-2 or 27-8-3 of this Article, regardless of whether a citation is issued, and to deliver and surrender the minor to the lawful authorities of the school that the minor would normally attend.

§ 27-8-5 Violations and Penalties.

[Ord. No. 09-01, 2-2-2009]

Any person who so absents himself/herself without said permission shall be guilty of the offense of truancy and shall be subject to the penalty set forth below.

Upon the first conviction, the payment of a fine in an amount not to exceed Seventy-Five Dollars ($75.00) in addition to court cost;

Upon the second conviction within a one (1) year period, the payment of a fine of not less than One Hundred Fifty Dollars ($150.00) in addition to court cost; and

Upon the third conviction within a one (1) year period, the payment of a fine of not less than Two Hundred Dollars ($200.00), in addition to court cost.

In addition to any penalty imposed pursuant to Subsection (A)(1), (2) or (3) above, the minor, parents, guardian, custodian, or other adult person having legal care or custody of the minor may be ordered to pay all costs associated with this Article.