20-5-106. Truancy. (1) Whenever the attendance officer discovers a child truant from school or a child subject to compulsory attendance who is not enrolled in a school providing the required instruction and has not been excused under the provisions of this title, the officer shall notify in writing the parent, guardian, or other person responsible for the care of the child that the continued truancy or nonenrollment of the child will result in the person's prosecution under the provisions of this section. If the child is not enrolled and in attendance at a school or excused from school within 2 days after the receipt of the notice, the attendance officer shall file a complaint against the person in a court of competent jurisdiction.
     (2) If convicted, the person shall be fined not less than $5 or more than $20. In the alternative, the person may be required to give bond in the penal sum of $100, with sureties, conditioned upon the person's agreement to cause the enrollment of the child within 2 days in a school providing the courses of instruction required by this title and to cause the child to attend that school for the remainder of the current school term. If a person refuses to pay a fine and costs or to give a bond as ordered by the court, the person shall be imprisoned in the county jail for a term of not less than 10 days or more than 30 days.

     History: En. 75-6307 by Sec. 120, Ch. 5, L. 1971; R.C.M. 1947, 75-6307; amd. Sec. 296, Ch. 56, L. 2009.