Illinois Compiled Statutes 105 ILCS 5/22-88 – Parental notification of law enforcement detainment and questioning on school grounds
Current as of: 2024 | Check for updates
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(a) In this Section, “school grounds” means the real property comprising an active and operational elementary or secondary school during the regular hours in which school is in session and when students are present.
(b) Before detaining and questioning a student on school grounds who is under 18 years of age and who is suspected of committing a criminal act, a law enforcement officer, a school resource officer, or other school security personnel must do all of the following:
(1) Ensure that notification or attempted
(b) Before detaining and questioning a student on school grounds who is under 18 years of age and who is suspected of committing a criminal act, a law enforcement officer, a school resource officer, or other school security personnel must do all of the following:
Terms Used In Illinois Compiled Statutes 105 ILCS 5/22-88
- Arrest: Taking physical custody of a person by lawful authority.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(1) Ensure that notification or attempted
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notification of the student’s parent or guardian is made.
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(2) Document the time and manner in which the
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notification or attempted notification under paragraph (1) occurred.
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(3) Make reasonable efforts to ensure that the
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student’s parent or guardian is present during the questioning or, if the parent or guardian is not present, ensure that school personnel, including, but not limited to, a school social worker, a school psychologist, a school nurse, a school counselor, or any other mental health professional, are present during the questioning.
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(4) If practicable, make reasonable efforts to ensure
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that a law enforcement officer trained in promoting safe interactions and communications with youth is present during the questioning. An officer who received training in youth investigations approved or certified by his or her law enforcement agency or under Section 10.22 of the Police Training Act or a juvenile police officer, as defined under Section 1-3 of the Juvenile Court Act of 1987, satisfies the requirement under this paragraph.
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(c) This Section does not limit the authority of a law enforcement officer to make an arrest on school grounds. This Section does not apply to circumstances that would cause a reasonable person to believe that urgent and immediate action is necessary to do any of the following:
(1) Prevent bodily harm or injury to the student or
(1) Prevent bodily harm or injury to the student or
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any other person.
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(2) Apprehend an armed or fleeing suspect.
(3) Prevent the destruction of evidence.
(4) Address an emergency or other dangerous
(3) Prevent the destruction of evidence.
(4) Address an emergency or other dangerous
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situation.
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