Transcript Slide 1

Interstate Compact for
Juveniles
Training for Field Staff
Created 12/21/09
Serving Juveniles While
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Introduction and History
• Original Juvenile Compact came about in 1955
• New Juvenile Compact written in 2000, enacted in
2008
• Law in 41 states with more to join (11/10/09)*
• Provides for the welfare and protection of juveniles
and the public
• Is the only legal process for returning runaways
• Promotes public safety and ensures effective
monitoring of juveniles moving across state lines
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Introduction and History - cont.
• Every jurisdiction is subject to ICJ rules
• Commission has statutory authority to enforce
compliance
• Members pay an annual assessment fee
• Every state shall establish an Advisory Council
• Establishes uniform system for reporting, collecting &
exchanging data
• Rule making authority which has force and effect of
federal law
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Business with Non-Member States
• Rule 9-101: Transition Rule
– Transactions between signatory states to the new
Compact will be governed by the rules adopted by the
ICJ
– Transactions between non-signatory states to the new
Compact will be governed by the rules of the AJCA which
were in effect as of 12/08
– Transactions between signatory and non-signatory states
will be governed by the rules of the home/demanding
state
– Conflicts between signatory and non-signatory states may
be mediated by a neutral representative from ICJ and
AJCA
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Compact Office
• Liaison on matters regarding the ICJ
• Coordinates the supervision transfer of probation
and parole across state lines
• Coordinates the return of runaways, absconders,
escapees and juveniles who have fled to avoid
prosecution
• Conducts record checks
• Provides notification of out of state travel
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Other Compacts of Interest
• Interstate Compact on the Placement of Children
(ICPC)
• Interstate Compact on Mental Health (ICMH)
• Interstate Compact for Adult Offender Supervision
(ICAOS)
• Interstate Compact on Educational Opportunity for
Military Children (MIC3)
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Liability
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Liability
• Liable is defined by Webster as “Legally
obligated; responsible…”
• All Compact member states can be held liable
for circumventing or violating the ICJ rules
• There is a legal obligation to follow and enforce
the ICJ rules as written
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Types of Public Acts
• Discretionary: acts in which the public employee
has the freedom to exercise good judgment and
care in carrying out an act. Defined with words
like “may” and “can”; these acts are not
mandatory duties.
• Ministerial: acts that a public employee is
required by law to fulfill. Most often these acts
are defined by “shall” or “must”; they impose a
mandatory duty without regard to discretion.
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Why is there a need for an
interstate compact?
• Due to variations in state laws, a person who is
considered a juvenile in one state may not be
considered so in another state
• A person’s status as a juvenile is determined by the
sending or demanding state
• The Supreme Court has ruled that Compact law is
special legislation and, as such, supersedes state
law. [Virginia v West Virginia, 246 US 565 (1918).]
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Communication Requirements
Between States (Rule 4-105)
• All communication is transmitted between each
state’s ICJ Office
• Local jurisdictions may communicate with one
another with the approval of both ICJ Offices
– Email copy of correspondence must be sent to ICJ Offices
in both states
• All forms of communication must observe privacy
laws (i.e. HIPPA, FERPA)
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ICJ Forms
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List of ICJ Approved Forms
• Form I - Requisition for Runaway Juvenile
• Form II - Requisition for Escapee or Absconder/Juvenile
Charged with Being Delinquent
• Form III - Consent for Voluntary Return by Runaway, Escapee
or Absconder
• Form IV - Parole or Probation Investigation Request
• Form V - Report of Sending State Upon Parolee or Probationer
Being Sent to the Receiving State
• Form IA/VI - Application for Compact Services/Memorandum of
Understanding and Waiver
• ICJ Travel Permit
• X - Interstate Compact for Juveniles Commission Annual Report
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List of Optional Forms
• Use of the following forms is optional:
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Home Evaluation Report
Quarterly Progress Report
Petition for Hearing on Requisition for Runaway Juvenile
Order Setting Hearing for Runaway Juvenile
Petition for Requisition to Return Juvenile
Petition for Hearing on Requisition for Escapee, Absconder, or
Juvenile Charged as Delinquent
– Order Setting Hearing for Escapee Absconder, or Juvenile
Charged as Delinquent
– Juvenile Rights Form
– Case Closure
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Additional Information to Include
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Cover letter
Complaint/Petition
Court order
Rules of probation or
parole
Police report(s)
Social History
Psychological Report
Sex Offender
Registration
requirements
Victim Notification, if
required
• School and medical
information
• Evaluations
• Restitution Information
• Any restrictions on
movement/ contact
• Any other information that
may be helpful to the
receiving state
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Rules
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Definitions
Key Terms
• Absconder: a juvenile probationer or parolee who
hides, conceals, or absents him/herself with the
intent to avoid legal process or authorized control.
• Accused Delinquent: a person charged with an
offense that, if committed by an adult, would be a
criminal offense.
• Accused Status Offender: a person charged with
an offense that would not be a criminal offense if
committed by an adult.
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Definitions – cont.
Key Terms
• Adjudicated: a judicial finding, subsequent to
proper judicial process, that a juvenile is a status
offender or delinquent.
• Adjudicated Delinquent: a person found to have
committed an offense that, if committed by an
adult, would be a criminal offense.
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Definitions – cont.
Key Terms
• Adjudicated Status Offender: a person found to
have committed an offense that would not be a
criminal offense if committed by an adult; [e.g.,
child in need of supervision (CINS), (CHINS), person
in need of supervision (PINS), deprived child,
undisciplined child, etc.], and who are eligible for
services under the provisions of the ICJ.
• Juvenile: a person defined as a juvenile in any
member state or by the rules of the Interstate
Commission, including accused juvenile delinquents,
adjudicated delinquents, accused status offenders,
adjudicated status offenders, non-offenders, nonadjudicated juveniles, and non-delinquent juveniles.
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Definitions – cont.
Key Terms
• Non-Adjudicated Juveniles: all juveniles who are
under juvenile court jurisdiction as defined by the
sending state, and who have been assigned terms
of supervision and are eligible for services pursuant
to the provisions of the Interstate Compact for
Juveniles.
• Non-Delinquent Juvenile: any person who has not
been adjudged or adjudicated delinquent.
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Definitions – cont.
Key Terms
• Non-Offender: a person in need of supervision who
has not been accused or adjudicated a status
offender or delinquent.
• Runaway: a child under the juvenile jurisdictional
age limit established by the state, who has run
away from his/her place of residence, without the
consent of the parent, guardian, person, or agency
entitled to his/her legal custody.
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Supervision
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Processing Referrals
• Each state that is a party to the ICJ will process all
referrals involving juveniles provided that those
juveniles are under juvenile jurisdiction in the sending
state
• No state will permit the transfer of supervision except
as provided by the Compact and these rules
• All cases being transferred to another state are
pursuant to the ICJ except cases involving
concurrent jurisdiction under the Interstate Compact
on Placement of Children, known as ICPC
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Probation or Parole Investigation
and Supervision Request
Use ICJ Form IV
• Must be included in all referrals
• Make sure the form is legible
• Fill out completely to provide basic information
• Include “referred by” for easy reference
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Application for Compact Services/
MOU & Waiver
ICJ Form IA/VI
• Must be included in all referrals
• Juvenile and parent/guardian signatures can be
obtained by the receiving state
• Obtain a judge’s signature before sending for
probation transfers
• ICJ Office signs for parole transfers
– Provide written notification to receiving state of juvenile’s
departure
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Cooperative Supervision/Services
Requirements
• Each ICJ office will forward all its cases within 5 days
of receipt
• Each ICJ Office creates procedures for own state
• Parole cases –
– Timeframe: forms completed 45 days prior to juvenile’s
anticipated arrival
– Forms IV, IA/VI, Order of Commitment, & Court Order MUST
be included in referral packet
– ICJ Office in sending state also should provide copies of
petition/arrest reports, legal and social history, & other
pertinent info
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Cooperative Supervision/Services
Requirements – cont.
• Probation cases –
– Timeframe: each ICJ office will forward all its cases within
5 days of receipt
– MUST include copies of Forms IV, IA/VI, Order of
Adjudication and Disposition, Conditions of Probation, &
Petition/Arrest Reports
– Sending state ICJ office has up to 45 calendar days to
provide completed forms to receiving state
– ICJ Office in sending state also should provide copies of
Legal and Social History & other pertinent info
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Cooperative Supervision/Services
Requirements – cont.
• Receiving state assumes the duties over any juvenile
• Supervision fees are NOT applicable under the
Compact
• Sending state is financially responsible for treatment
services ordered by the court when they are not
available through the supervising agency in the
receiving state or cannot be obtained via Medicaid,
private insurance, or other payor
• Age majority and duration of supervisions are
determined by the sending state
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Cooperative Supervision/Services
Requirements– cont.
• When conducting home evaluations for sex
offenders, the receiving state ensures compliance
with local policies/laws prior to issuing reporting
instructions
• Juvenile restitutions payments/court fines are paid by
juvenile/juvenile’s family to the adjudicating
court/agency in sending state
– Supervising officers encourage timely payments in
accordance with court order of sending state
– Sending state provides specific payment schedule & payee
info to the receiving state
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Cooperative Supervision/Services
Requirements – cont.
• Supervision for the sole purpose of collecting
restitution is NOT justifiable reason to open a case
• Cases currently under supervision CANNOT be
closed without the consent of the sending state
prior to the termination date.
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Home Evaluation Reports
• Receiving state’s ICJ Office shall request its local
offices to complete a home evaluation within 30
calendar days of receipt of referral
• Receiving state’s ICJ Office must forward the
evaluation to sending state within 45 calendar
days to the sending state
• Must use the ICJ Home Evaluation Form
• Must include a recommendation for
acceptance or denial
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When can states accept/deny
supervision?
• Only ICJ Administrator or designee can authorize
or deny supervision
– Administrator’s/designee’s signature required on ICJ
Home Evaluation Form
• Supervision CANNOT be denied due to age or type
of offense
• Supervision may be denied when the home
evaluation indicates that the proposed placement
is unsuitable/not compliant with terms of
supervision
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When can states accept/deny
supervision? – cont.
• Procedure if receiving state denies supervision
– sending state reviews evaluation within 10 calendar days of
receipt of denial
– If judicial authority forces placement in receiving state
• Sending state submits Court order to receiving state before
supervision is accepted
• Sending state has 5 working days to provide reporting
instructions to juvenile once it receives acceptance of
supervision
– Must also provide written notification of the juvenile’s departure
to the receiving state
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When can states accept/deny
supervision? – cont.
• What if the juvenile has legal custodian(s) remaining
in the sending state?
– If the placement of the juvenile is not successful, the
sending state will make transportation plans for the return
of the juvenile
– Sending state has 5 working days to return the juvenile in
accordance with ICJ rules
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Report of Sending State upon
Parolee or Probationer Being Sent
to Receiving State
ICJ Form V
• Send after the request is made and before the
juvenile is placed
• Send on Parole cases as far in advance as possible
• Must include reporting instructions
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Transfer of Supervision Procedures
• Cooperative supervision requires written approval
from the receiving state’s ICJ Office
– Sending state maintains responsibility until supervision is
accepted by the receiving state
• Emergency Transfer of Supervision
– Sending state’s ICJ Office is responsible for verifying that an
emergency exists
– If an emergency does exist, referral info is provided to the
receiving state’s ICJ Office as quickly as possible,
– Receiving state also is given info on the nature of the
emergency
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Transfer of Supervision Procedures – cont.
• When transferring a sex offender, the following
documentation should be provided to the
receiving state
– Assessment information (sex offender specific assessments)
– Information relevant to the sex offender’s criminal sexual
behavior
– Victim information including gender, age, and relationship
to the juvenile
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Review Request
• Ensure forms are included with signatures and
packages are in order
• Include the Court Order – jurisdiction must be
retained
• Ensure back-up documentation is included
• Ensure that referral is HIPAA and FERPA compliant
• Send copies of all case materials to your ICJ Office
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Home Evaluation Reports
• The Compact Administrator, or designee, accepts
or denies a case based on:
– Probation / Parole Officer’s recommendation,
– ICJ Law, and
– ICJ Rules
• Must provide the home evaluation to the sending
ICJ Office within 45 calendar days of receiving
case
– Also provide final approval/disapproval of the request for
cooperative supervision. (Rule 4-102)
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Quarterly Progress Reports
• Due to sending state every 90 days
• Additional reports will be provided when
– Concerns arise over juvenile
– A change in placement occurs
• Report violations to your ICJ Office as soon as
possible
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Closure of Cases
• Sending state has sole authority to
discharge/terminate its juveniles except when
– The court order expires,
– Period of parole/probation expires
• Receiving state sends notification of expiration to sending state within 5
business days
– The juvenile receives an adult conviction longer than the
juvenile sentence
• When receiving state accepts probation/parole
cases, the sending state has 90 calendar days to
complete placement
– Receiving state may then close case with written notice to
sending state
– Sending state may request an extension or resubmit later
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Victim Notification
• Sending state must follow its own laws & policies
• Sending state will request all information necessary
to fulfill victim notification requirements
• Receiving must respond to requests from sending
state within 5 working days
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Out of State Travel Notification
• Travel permits are mandatory in the following
instances
• Travel permits are issued to test a placement
– Max length of permit is 90 calendar days
– Issued when visits exceed 48 hours (probation cases only)
– Within 30 calendar days a referral packet must be sent to
receiving state
• When a permit exceeds 30 calendar days
– Sending state sends special instructions for juvenile to
maintain contact with supervising agency
• Probation/parole officer or court designee
authorizes/denies out-of-state travel prior to
movement
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Out of State Travel Notification – cont.
• Receiving state forwards Travel Permit to jurisdiction
of visit
• Special circumstances that require Travel Permits
regardless of length of visit
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Sex-related offense
Violent offenses that have resulted in injury/death
Offenses committed with a weapon
Juveniles committed to state custody
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Runaways
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Release of Non-delinquent
Juveniles to Parent/Guardian
• Authorities may release a juvenile to their
parent/legal guardian within the first 24 hours
(excluding weekends & holidays) without applying
Rule 6-102
– Exceptions to this rule are instances where abuse/neglect
is suspected
• If the juvenile remains in custody beyond 24 hours,
the holding state’s ICJ Office must be notified
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Release of Non-delinquent Juveniles to
Parent/Guardian – cont.
• Non-delinquent juveniles who are endangering
themselves or others held beyond 24 hours are to
be held in secure facilities until returned by the
home state
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Release of Non-delinquent Juveniles to
Parent/Guardian – cont.
• OJJDP Exclusion
– Out-of-State runaways securely held beyond 24 hours
solely for the purpose of being returned to proper custody
in another state in response to a want, warrant, or request
from a jurisdiction in the other state or pursuant to a court
order must be reported as violations of the
deinstitutionalization of status offenders
requirements. Juveniles held pursuant to the Interstate
Compact on Juveniles enacted by the state are excluded
from the DSO requirements in total.
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Voluntary Return of Out-of-State
Juveniles
• When an out-of-state juvenile is found and
detained:
1.
Holding state’s ICJ Office will inform home state’s ICJ
Office of the case
• Home state’s ICJ determines juvenile’s
residency/jurisdictional facts
2. At a court hearing, the judge informs the juvenile of
his/her rights using ICJ Juvenile Rights Form
• Court may appoint counsel or guardian ad litem
3. If the juvenile agrees to return, the juvenile signs ICJ
Form III (Consent for Voluntary Return)
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Voluntary Return of Out-of-State
Juveniles – cont.
4. Once consent is executed, it is forwarded to
Compact administrator/designee of holding state
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Consent form also forwarded to Compact
Administrator/designee in home state
5. Home state responds to holding state’s court order
in returning its juvenile
6. Juveniles are returned to home state within 5
working days of receipt of ICJ Form III
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Extension of additional 5 more working days with approval
from both ICJ Offices
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Non-voluntary Return of
Out-of-State Juveniles – cont.
1.
The Requisition is addressed to the juvenile court in the
holding state
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2.
Verified by 2 copies of affidavit
Accompanied by 2 certified copies of supporting documents
that show entitlement
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Judgment
•
Order of Adjudication
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Petition Alleging Delinquency
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Birth Certificate
•
Custody Decree
•
Letter of Guardianship
Upon receipt, the home state’s ICJ Office forwards 2
copies of requisition to ICJ Office of the holding state
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Non-voluntary Return of
Out-of-State Juveniles
3.
4.
5.
6.
7.
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Written requisition due within 60 days of notification of refusal of
the juvenile to consent to return
Maximum amount of time juveniles can be held, pending
receipt of requisition, is 90 days
If the juvenile is a non-delinquent runaway, the parent/legal
guardian must petition court in jurisdiction for a requisition
Judge in home state determines if
Petitioner is entitled to legal custody
The juvenile ran away without consent
The juvenile is an emancipated minor
It is in the best interest of the juvenile to compel his/her return to the
state
The judge signs the requisition if it is determined that the juvenile
should be returned
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Non-voluntary Return of
Out-of-State Juveniles – cont.
8.
9.
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ICJ Office of holding state forwards requisition to the court where
the juvenile is believed to be located
If not detained, the court orders detainment of the juvenile
A hearing commences within 30 calendar days of receipt of
requisition
Time can be extended by approval of both ICJ offices
The court may elect counsel or guardian ad litem
If requisition is in order, the judge orders the return of juvenile to home
state
If requisition is not honored, judge will provide advising
Order of return is sent immediately to the holding state’s ICJ Office and
home state’s ICJ Office
10. Requisitioned juveniles are accompanied while returning to home
state
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Juveniles are to be returned within 5 working days of receipt by
demanding state’s ICJ Office
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Return of Juveniles Whose ICJ
Placement Has Failed
• If the ICJ Applications for Compact Services and
MOU & Waiver Form has the appropriate
signatures, no further court procedures are
required
– The ICJ pre-signed voluntary waiver provides the due
process requirement for this return
• After notifying the sending state’s ICJ Office, an
accredited officer of the sending state may enter
receiving state and retake juvenile
– A warrant may be issued if such action is not practical
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Return of Juveniles Whose ICJ
Placement Has Failed – cont.
• After notice, the sending state has 5 working days to
return the juvenile
– Time limit may be extended with approval of both ICJ
Offices
• Decision of sending state to retake juvenile is NOT
reviewable by the receiving state
– The exception to this rule is if the juvenile is suspected of
having committed a criminal offense/act of juvenile
delinquency in the receiving state
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Return of Juveniles Whose ICJ
Placement Has Failed – cont.
• The authorized officer of the sending state is
permitted to transport the delinquent juvenile
through any and all states who are party to this
Compact without interference
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New Charges in Holding/
Receiving State
• Juveniles are returned only
– With the consent of holding/receiving state
– Or after charges are resolved when pending charges exist
in holding/receiving state
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Financial Responsibility
• Home state is responsible for the costs of
transportation, for making transportation
arrangements, and for the return of the juveniles
within 5 working days of notification from the
holding state’s ICJ Office
– Contingent on the fact the juvenile’s due process rights
have been met
– Time limit may be extended with the approval of both ICJ
Offices
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Warrants
• All warrants must be entered into the National
Crime Information Center (NCIC) in order for
another state to pick up juvenile
– Holding states honors all warrants
• Once a juvenile is detained
– demanding state has up to 2 working days to decide if
juvenile will be returned (Rule 6-108)
• Juvenile to be held in secure detention
• “No bond/bail warrants”
– Juvenile remains in custodial detention regardless of
individual state statute
– Juvenile DOES have opportunity for a hearing
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Custodial Detention
• ICJ Office in home state will return juvenile within 5
working days
– After confirmation that due process rights have been met
– Time period may be extended with approval both ICJ
Offices
• Holding state liable for charges of detaining juvenile
unless
– ICJ Office in home state is non-responsive within the
5 working day period
• If after 10 working days the home state fails to return
juvenile
– A judicial hearing will be provided
– The juvenile may be discharged to parent/legal guardian if
holding state fails to provide hearing in 10 days
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Transportation & Safety
• Home state must arrange for return of juvenile
within 5 working days after notice from holding
state
– Time period can be extended with approval from both ICJ
Offices
– Home state is responsible for costs of transportation
• Home state decides arrangements to ensure safety
of juvenile and public during transportation
– Juveniles who are considered a risk to themselves/others
will be accompanied on their return
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Transportation & Safety – cont.
• Holding states are responsible for transporting
juveniles to airports/public transportation centers
– Home state arranges transportation plans
– Holding state maintains security until departure
• Traveling by commercial airline carrier
– Holding state ensures that juvenile has picture ID if
available and/or a copy of applicable ICJ paperwork
and/or due process documentation
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Transportation & Safety – cont.
• Holding states confiscate any personal items that
could jeopardize health/safety of juveniles
– Examples include weapons, cigarettes, lighters,
medication, change of clothes, or cell phone
• Holding states then send questionable belongings
to legal guardians via approved
– COD or at the expense of the demanding state
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Transportation & Safety – cont.
• Airport supervision (Rule 6-111)
– All states provide supervision to unescorted juveniles at all
airports
– Juveniles are to be supervised from arrival until departure
– Home states must give airport supervision a minimum of 48
hrs advance notice
• Emergency Provisions (Rule 6-112)
– If an emergency situation interrupts or changes travel
plans, member states shall provide necessary services and
assistance until transport is rearranged and completed
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Resources
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ICJ Website
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Rules
By-Laws
Presentations
Manuals
Advisory Opinions
Directory
Meeting Announcements
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Contact Information
National Office
Interstate Commission for Juveniles
PO Box 11910
Lexington, KY 40578
(859) 244-8029
(859) 244-8001 fax
www.juvenilecompact.org
Interim Commission Website:
http://www.csg.org/programs/policyprograms/NCIC/
interstateCommission_juveniles.aspx
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