Interstate Compact for Juveniles Judicial Training Revised April 2013

Interstate Compact for Juveniles The original Interstate Compact for Juveniles was established in 1955 Designed to : –Bring order to the interstate movement of juvenile delinquents and status offenders –Ensure that proper supervision services were provided to these juveniles Problems with original Compact : −Not designed to handle increasing population −Limited ability to enforce compliance −Did not delegate governmental authority −Inconsistent adoption of subsequent amendments Serving Juveniles While Protecting Communities2

Interstate Compact for Juveniles, cont. Revised compact enacted in 2008 –Ensures effective monitoring of juvenile offenders moving across state lines –Provides for the welfare and protection of juveniles and the public –Resolves discrepancies between states –Provides enhanced accountability, enforcement, visibility, and communication Serves as the only legal process for returning runaways 3

Legal Status of Interstate Compacts Compacts have the characteristics of both statutory law and contractual agreements A state cannot unilaterally repeal the Compact All member states must meet their contractual obligations by complying with and enforcing the Compact and its rules The Commission has rulemaking authority which has force and effect of federal law Serving Juveniles While Protecting Communities4

Authority of the Compact Crime Control Act, 4 U.S.C. Section 112 (1965) Authorizes and encourages states to form cooperative efforts and mutual assistance in the prevention of crime A state law, court rule, or regulation that contradicts or the rules of the Commission is invalid to the extent of the conflict All courts and executive agencies are subject to the Interstate Compact for Juveniles Serving Juveniles While Protecting Communities5 Article I,V, & VII

National Structure

State Council Structure Serving Juveniles While Protecting Communities7 Provides a mechanism for empowerment of Compact process Assists in developing Compact policy Determines qualifications for membership on Council Appoints designee in Commissioner’s absence

Transfer of Supervision Serving Juveniles While Protecting Communities 8

Transfer of Supervision - Overview

Supervision in the ICJ “Supervision” has 3 components: 1.Oversight exercised over a juvenile determined by a court or appropriate authority for a period of time 2.Requires a juvenile to report to or be monitored by appropriate authorities 3.Regulations and conditions are imposed on the juvenile Supervision solely for monetary conditions is not applicable under the ICJ Serving Juveniles While Protecting Communities10 Rule 1-101

Supervision and the ICJ, cont. Transferring supervision does not transfer the jurisdiction –Jurisdiction remains with sending state’s court Violations of the conditions of supervision must be handled by the courts of the sending state upon notice from the receiving state –Unless the violations constitute new delinquency or status offense under the laws of the receiving state and that state decides to prosecute Serving Juveniles While Protecting Communities11 Rule 4-101

Supervision and the ICJ, cont. Both the sending and receiving states shall enforce the terms of supervision –May include detention time in the receiving state –Any costs incurred from any enforcement sanctions shall be the responsibility of the state seeking to impose such sanctions ICJ Advisory Opinion –The supervising state may impose graduated sanctions if such standards are also applied to its own delinquent juveniles The type of incarceration is determined by the receiving state’s laws on the age of majority Serving Juveniles While Protecting Communities12 Rule 4-104

Eligibility Criteria for Juveniles Persons Eligible for Transfer of Supervision: –A person classified as a “juvenile” by the sending state and is under the jurisdiction of a court or appropriate authority –Adjudicated delinquents –Adjudicated status offenders –Juveniles with deferred adjudication Length of Supervision Restrictions: –Must relocate for 90 consecutive days in receiving state –Have 90 days or more of supervision remaining –Must meet residential criteria Serving Juveniles While Protecting Communities13 Rule 4-101

Eligibility Criteria for Juveniles, cont. Serving Juveniles While Protecting Communities14 Rule Juveniles eligible for transfer must meet the following residential criteria: –Reside with a parent, legal guardian, relative, non-relative or independently –Be enrolled as a full-time student at a secondary school or accredited university, college, or licensed specialized training program Juveniles moving into residential facilities are not eligible for transfer under ICJ

Eligibility Restrictions 15 Cases involving concurrent jurisdiction under the Interstate Compact on Placement of Children (ICPC) are not eligible for ICJ A receiving state can deny supervision if: –Proposed placement is unsuitable, or –Juvenile is not in substantial compliance ICJ Rules allow an override of receiving state’s authority to deny placement when there is no custodial parent or guardian in the sending state and a custodial parent or guardian does reside in the receiving state Rules 4-101, 5-101

Sending and Receiving Referrals

Sending and Receiving Referrals, cont. If a paroled juvenile or juvenile sex offender requires out-of-state placement prior to acceptance of supervision, under the provisions of Rule 5-101(4), the sending state shall determine if the circumstances of the juvenile’s immediate placement justify the use of a travel permit, including appropriateness of placement. The receiving state chooses to expedite Serving Juveniles While Protecting Communities17 Rules 4-102, 5-101

Accepting Referrals The receiving state shall accept supervision when: 1.The juvenile has no custodial parent/legal guardian remaining in the sending state; and 2.The juvenile does have a custodial parent/legal guardian residing in the receiving state If the placement in the receiving state fails, the sending state retakes the juvenile within 5 business days –If a legal custodian remains in the sending state Serving Juveniles While Protecting Communities18 Rule 5-101

Serving Juveniles While Protecting Communities Home Evaluations – Overview Conduct home evaluation within 30 calendar days of receipt –Use Form VIII: Home Evaluation Within 45 calendar days of receipt, the receiving state forwards the completed Form VIII to the sending state –Form is signed by appropriate authority –The receiving state may deny an unsuitable placement –Required to provide an explanation if there is a delay in forwarding the home evaluation Receiving state must ensure a juvenile sex offender complies with local policies or laws during the home evaluation 19 Rules 4-102, 5-101

Transferring Juvenile Sex Offenders May not travel into receiving state unless: –Request for transfer is approved –Receiving state issues reporting instructions –Transfer request qualifies for expedited transfer status Items included in referral packet: Sending state responsible for victim notification Serving Juveniles While Protecting Communities20 Parole or Probation Documents (listed in Rule 4-102) Risk Assessment Safety Plan Specific Assessments (if available) Legal/Social History Victim Information Treatment Plan Petition/Arrest Reports Rules 4-103, 4-107

Serving Juveniles While Protecting Communities Travel Permits Mandatory for juveniles traveling out-of-state in excess of 24 consecutive hours AND who have committed, been adjudicated or case circumstances include: –Sex related offense; –Violent offense resulting in personal injury or death; –Offense with a weapon; –State committed juveniles; –Juveniles who are testing placement and subject to ICJ; –Juveniles returning to the sending state; –Juveniles transferring to a subsequent state(s); –Victim notification laws, policies, and practices apply. 21 Rule 5-102

Travel Permits, cont. Maximum length of a permit is 90 calendar days May be used for juveniles under probation/parole traveling to out-of-state residential treatment facilities Authorized Travel Permit is provided and received prior to the juvenile's movement The supervising state forwards the Travel Permit to jurisdiction of visit The sending state is responsible for meeting victim notification requirements in a timely manner Serving Juveniles While Protecting Communities22 Rule 5-102

Travel Permits, cont. If used to test placement, the receiving state must receive referral packet within 30 calendar days –The issuing state shall instruct juvenile to report any change of status during that period –If Travel Permit exceeds 30 calendar days, sending state provides reporting instruction to juvenile to maintain contact with supervising agency Serving Juveniles While Protecting Communities23 Rule 5-102

Travel Permits, cont. Authorization for out-of-state travel is approved at the discretion of the supervising person −Exception: When sending state notifies receiving state that sending state appropriate authority must approve travel Permit should be provided and received prior to the juvenile’s movement The receiving state is responsible for disseminating information according to law, policy, practice, or procedure in the receiving state Victim notification still applies Serving Juveniles While Protecting Communities24 Rule 5-102

New Violations in the Receiving State The ICJ does not prohibit officials in a receiving state from filing new charges A juvenile may be charged in a receiving state without violating or interfering in the jurisdiction of the sending state Officials in a receiving state have two possible courses of action: –Demand the sending state return the juvenile; or –Advise the sending state that they intend to proceed with new charges Serving Juveniles While Protecting Communities25

Returning Juveniles

Situations Requiring Return of Juvenile A non-delinquent juvenile runs away to another state A juvenile is an escapee, absconder, or accused delinquent and flees to another state A placement fails for a juvenile under Compact supervision Return can be voluntary or non-voluntary Serving Juveniles While Protecting Communities27

Non-Delinquent Runaways Within 24 hours of detainment, authorities may release a runaway to a parent or legal guardian without applying Rule –Except where instances of abuse/neglect is suspected –After 24 hours, holding authorities contact the holding state Runaways are held in secure facilities if detained longer than 24 hours or they are endangering themselves or others –OJJDP Exclusion Juveniles held pursuant to the ICJ are excluded from the deinstitutionalization of status offenders requirements. See, Notice of Clarification of OJJDP Policy on Secure Detention of Runaways Serving Juveniles While Protecting Communities28 Rule 6-101

Voluntary Return of Runaways Judge conducts a hearing informing juvenile of rights –May use ICJ Juvenile Rights Form –The court may appoint counsel or guardian ad litem The juvenile and the judge sign the ICJ Form III Holding state forwards the completed ICJ Form III to the home/demanding state within 5 business days For voluntary return of runaways who allege abuse/neglect: –The Form III must indicate who will be assuming responsibility for the juvenile 29 Rules 6-101, 6-102

Non-Voluntary Returns - Overview The non-voluntary return process is divided into two distinct processes: 1.Returning non-delinquent runaways; and 2.Returning juveniles who are escapees, absconders, or accused delinquents Home/demanding state prepares a requisition within 60 calendar days of notification that: –The juvenile refuses to return; or –Request the juvenile be taken into custody Serving Juveniles While Protecting Communities30 Rule

Non-Voluntary Return of Runaways The parent, legal guardian, or custodial agency must petition the court in the home/demanding state for a requisition Serving Juveniles While Protecting Communities31 Juvenile’s name & date of birth Petitioner’s name Basis of entitlement to the juvenile’s custody Circumstances of his/her running away His/her location; if known Other facts that show the juvenile is endangering his/her welfare or others and is not an emancipated minor Verified by affidavit and accompanied by a certified copy of documents showing entitlement to juvenile Items included in petition: Rule 6-103

Non-Voluntary Return of Runaways, cont. Judge in the home/demanding state determines if: If the judge determines the juvenile should return, signs the Form I Serving Juveniles While Protecting Communities32 Rule 6-103

Non-Voluntary Return of Escapee, Absconder, or Accused Delinquent The appropriate authority presents Form II to the court where the juvenile is allegedly located Serving Juveniles While Protecting Communities33 Items included in requisition: Judgment Order of adjudication Order of commitment Petition alleging delinquency Other applicable affidavits Verified by affidavit and accompanied by a certified copy of documents showing entitlement to juvenile Rule 6-103

Maximum Detention Time 90 calendar days – pending the non-voluntary return of the juvenile to the home/demanding state –The home/demanding state maintains contact with the authorities preparing the requisition to ensure accuracy and minimize detention time Serving Juveniles While Protecting Communities34 Rule 6-103

Retaking and Failed Placements Officers are authorized to enter any member state to retake a juvenile –Unless the juvenile is suspected of having committed an offense/ act of juvenile delinquency The sending state may not retake the juvenile without prior consent from authorities in the receiving state Officers need only establish their authority and the identity of the juvenile The receiving state shall honor any warrant –The sending state returns the juvenile within 5 business days upon receiving notice of a failed placement Serving Juveniles While Protecting Communities35 Rule 6-104

Waiver of Extradition: Form IA/VI If Form IA/VI is signed, the sending state may retake without further court procedures Challenges to similar waiver provisions in other compacts have not been successful Serving Juveniles While Protecting Communities36 Rule 6-104

Hearings for Non-Voluntary Returns Within 30 days of receiving a requisition, a hearing occurs in the state where the juvenile is located –The juvenile may elect to have counsel or guardian ad litem If requisition is in order: Judge orders juvenile’s return If requisition is denied: Judge shall issue written findings detailing the denial Serving Juveniles While Protecting Communities37 Rule 6-103

Non-Voluntary Returns - Last Steps The court forwards order to the holding state –Holding state forwards order to the home/demanding state The juvenile is returned within 5 business days of receipt of the order granting requisition –Requisitioned juveniles shall be accompanied Officers shall transport juveniles through all member states without interference Serving Juveniles While Protecting Communities38 Rule 6-103

Absconder Under ICJ Supervision Upon finding/apprehending the juvenile the sending state: –Decides if the juvenile returns to the sending state or requests that supervision resume in the receiving state The receiving state may close the case: –Upon notification that sending state issued a warrant, or –The juvenile has been on absconder status for 10 business days Serving Juveniles While Protecting Communities39 Rule 6-104A

Transporting Juveniles The home/demanding state is responsible for the costs of transportation and for making transportation arrangements If the juvenile is a safety risk, they are to be accompanied on their return Requisitioned juveniles are accompanied unless both ICJ Offices determine otherwise Serving Juveniles While Protecting Communities40 Rule 6-103, 6-105, 6-106

Serving Juveniles While Protecting Communities Closing an ICJ Case 41

Special Judicial Interests Serving Juveniles While Protecting Communities

UCERA Considerations The Uniform Criminal Extradition and Rendition Act (UCERA) can affect the procedures for returning a fugitive Several courts have recognized that an interstate compact is an appropriate alternative procedure –States may return individuals without complying with the UCERA Serving Juveniles While Protecting Communities43

Warrants All warrants must be entered into the National Crime Information Center (NCIC) –Holding state honors all warrants –The holding state notifies the home/demanding state by the next business day that the juvenile is in custody –The home/demanding state has 2 business days to decide if they will return the juvenile “No bond/bail warrants” –A juvenile remains in custodial detention regardless of individual state statute –Juvenile to be held in secure detention –Juvenile has opportunity for a hearing 44 Rule 6-108

Judicial Sentencing Practices The Revised ICJ should be viewed as a supervision transfer mechanism –It does not limit the sentencing authority of a judge The Revised ICJ applies to all dispositional outcomes –Deferred adjudication, treatment options, custodial placements, etc. do not restrict the application of the Compact Deferred prosecutions do not exempt a state from complying with the Revised ICJ Serving Juveniles While Protecting Communities45

Hearings U.S. Supreme Court cases may affect the process for return of juveniles –See, e.g., Morrissey v. Brewer, 408 U.S. 471 (1972); Gagnon v. Scarpelli, 411 U.S. 778 (1973); Carchman v. Nash, 473 U.S. 716 (1985) Under the Revised ICJ Rules, a state is not obligated to provide counsel in circumstances of revocation or retaking Serving Juveniles While Protecting Communities46

Hearings, cont. If the sending state will not revoke the juvenile’s supervision, the juvenile is not entitled to a probable cause (PC) hearing A juvenile must be afforded a PC hearing where : –Retaking is for a purpose other than the commission of a new felony offense; and –Revocation of conditional release by the sending state is likely A variety of persons can fulfill the requirement of a neutral and detached authority –Officials qualified to handle revocation proceedings may preside over PC hearings in the receiving state Serving Juveniles While Protecting Communities47

Liability and Immunity within the ICJ

49Liability 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 ICJ Liability for Commissioners/Designees does not exceed the limits of liability set forth under the Constitution and laws of that state for state officials, employees, and agents Serving Juveniles While Protecting Communities

Liability – General Considerations Public employees are immune from suit for discretionary acts –The decision to parole someone is usually a discretionary act –The conduct must not violate the principle of reasonableness or statutory / constitutional rights –Defined with words like “may” and “can” –These acts are not mandatory duties Public employees are not immune from suit for failing to fulfill a ministerial act –May be personally liable –Defined most often by “shall” or “must” –These acts impose a mandatory duty without regard to discretion Serving Juveniles While Protecting Communities 50

Negligent Supervision Some factors a court may consider in determining whether a state official is liable for negligent supervision are: –Misconduct –Existence of special custodial or other –The foreseeability of an offender’s actions –Negligent hiring and supervision The obligation to fulfill ministerial acts generally gives rise to liability Serving Juveniles While Protecting Communities51

Defense & Indemnification Section 2 – Defense The Commission will defend a Commissioner/representative in a civil action seeking to impose liability, on the condition that the alleged act or error did not result from gross negligence or intentional wrongdoing on behalf of that person Section 3 – Indemnification The Commission indemnifies the Commissioner and representative employees harmless in the amount of any settlement arising from such alleged act that occurred within the scope of Commission employment; provided that the person had reasonable basis for their actions and did not result from gross negligence or intentional wrongdoing Serving Juveniles While Protecting Communities 52 ICJ By-laws

Judicial Immunity Important only in the context of probation –Generally no application to the parole setting Judicial immunity provides judicial officers with immunity for their judicial actions Not even judges have absolute judicial immunity for non-judicial, administrative actions Serving Juveniles While Protecting Communities U.S.C. 1983

Judicial Immunity & Probation Officers Probation officers may have qualified judicial immunity in preparing a pre-sentence investigation report –Integral for a judge exercising judicial power in a case Acevedo v. Pima City. Adult Probation, 142 Ariz 319 (1984) Determining if immunity applies depends on –The nature of the function –The class of officials to whom it has been entrusted, and –The effect to which exposure to liability would have on the proper exercise of the functions Officials seeking exemptions from personal liability must show that such exemption is justified by overriding considerations of public policy Forester v. White, 484 U.S. 219 (1988) Serving Juveniles While Protecting Communities 54

Qualified Immunity A state official may be covered by qualified immunity where they : 1.Carry out a statutory duty 2.Act according to procedures dictated by statute and superiors, and 3.Act reasonably Parole and probation officers may enjoy qualified immunity –If their actions are in furtherance of a statutory duty and –Actions are in substantial compliance with the directives of superiors and relevant statutory or regulatory guidelines Serving Juveniles While Protecting Communities55

42 USC 1983 Liability Creates a state or federal cause of action for damages arising out of the acts of state officials that violate an individual’s civil rights while acting under color of state law Courts have held that compacts do not create a federally enforceable right under 42 U.S.C. § 1983 –Absent a clear intent by Congress to establish a federal cause of action Doe v. Pennsylvania Board of Probation and Parole, 513 F.3d 95 (3 rd Cir. 2008) Serving Juveniles While Protecting Communities56

Judicial Implications Serving Juveniles While Protecting Communities

Question #1 What gives the Interstate Compact for Juveniles its authority to regulate the interstate movement of juveniles? 58

Question #2 What if my state/jurisdiction has policies or laws that may potentially conflict with the ICJ and its rules? 59Serving Juveniles While Protecting Communities

Question #3 Transferring juveniles through the ICJ appears to be a complicated process: Does a judge or parole board have the authority to bypass the transfer of supervision procedures within the ICJ? 60Serving Juveniles While Protecting Communities

Question #4 Does the ICJ limit a judge’s ability to extradite a juvenile fugitive? 61Serving Juveniles While Protecting Communities

Contact Information Commission Chair –Terry L. Clark Executive Director –Ashley H. Lippert General Counsel for ICJ –Richard L. Masters, Esq. Serving Juveniles While Protecting Communities62

63 ICJ Website Forms (PDF and Word) Rules (PDF and HTML step-by-step) By-laws Presentations Manuals Advisory Opinions Legal Memorandums Compact Office Directory Meeting Announcements Serving Juveniles While Protecting Communities

Contact Information National Office Interstate Commission for Juveniles 836 Euclid Avenue, Suite 322 Lexington, KY (859) (859) fax

Questions?