1. Interstate Compact for Juveniles Rule Amendment Presentation for Rules Effective January 1, 2011

2. Editorial Cleanup The amendments include various changes that do not affect the meaning of the rule These changes include but are not limited to –Specifying business vs. calendar days –Adding “demanding” to “home state” –Other grammatical corrections Serving Juveniles While Protecting Communities 2

3. Section 100 Definitions Serving Juveniles While Protecting Communities

4. “Deferred Adjudication” Deferred Adjudication: a court decision at any point after the filing of a juvenile delinquency or status complaint that withholds or defers formal judgment and stipulates terms and/or conditions of supervision and are eligible for transfer Effect of amendment: –Specifies that juveniles who fall under the “deferred adjudication” classification are eligible for Compact services Rule 1-101 Serving Juveniles While Protecting Communities 4

5. “Probation/Parole” Probation/Parole: any kind of supervision or conditional release of juveniles authorized under the laws of the compacting states Effect of amendment: –Makes the definition consistent with the Compact language Rule 1-101 Serving Juveniles While Protecting Communities 5

6. “Relocate” Relocate: when a juvenile remains in another state for more than 90 consecutive days in any 12 month period Effect of amendment: –Clarifies eligibility criteria for transfer under the Compact –See Rule 4-101(2)(a) Rule 1-101 Serving Juveniles While Protecting Communities 6

7. “Retaking” Retaking: the act of a sending state physically removing a juvenile, or causing to have a juvenile removed, from a receiving state Effect of amendment: –Clarifies rules where the term is used –See Rule 6-104(2) Rule 1-101 Serving Juveniles While Protecting Communities 7

8. “Substantial Compliance” Substantial Compliance: a juvenile who is sufficiently in compliance with the terms and conditions of his or her supervision so as not to result in initiation of revocation of supervision proceedings by the sending or receiving state Effect of amendment: –Clarifies rules where term is used and assists in uniformly applying –See Rule 5-101(4) Rule 1-101 Serving Juveniles While Protecting Communities 8

9. Section 200 Data Collection Serving Juveniles While Protecting Communities

10. New Rule 2-102: Data Collection As required by Article III (K) of the compact, member states shall gather, maintain and report data regarding the interstate movement of juveniles… Each member state shall report annually by July 31 st –Runaways, escapees, absconders and juveniles charged as delinquent –Airport Supervision –Parole Supervision –Probation Supervision –Institutionalization –Out-of-State Confinement Rule expires when the electronic information system approved by the Commission is fully operational Serving Juveniles While Protecting Communities 10

11. Section 300 Forms Serving Juveniles While Protecting Communities

12. Rule 3-101: Approved Forms Form I (Requisition for Runaway Juvenile) Form II (Requisition for Escapee or Absconder or Juvenile Charged with Being Delinquent) –Minor editorial “clean up” –“Race” and “sex” broken into two sections –Replaced word “prays” with “requests” in the signature section Form III (Consent for Voluntary Return by Runaway, Escapee or Absconder) –Removed “accompanied” or “unaccompanied” –Added the word “optional” after “if a guardian or ad litem is appointed” –Changed language under “guardian or ad litem” –Changed title Serving Juveniles While Protecting Communities 12

13. Approved Forms (cont.) Form IV (Parole or Probation Investigation Request) –Added “Expiration Date” to clarify time lines –Updated instructions Form V (Report of Sending State Upon Parolee or Probationer Being Sent to the Receiving State) –Updated instructions Form IA/VI (Application for Compact Services/Memorandum of Understanding and Waiver) –Added wording in the last section above signature –“Parent or Guardian” changed to “placement resource” Form VII (Travel Permit) –Removed “Present Placement and Location” and replaced it with: name / relationship / address / phone –Drafted instructions and added a form number Serving Juveniles While Protecting Communities 13

14. Approved Forms (cont.) Form VIII: Home Evaluation Report Form –Now mandatory –Removed check box for “currently in placement” –Added a form number Form IX: Quarterly Progress Report Form –Now mandatory –Added check boxes to identify violations or quarterly progress –Added a form number Serving Juveniles While Protecting Communities 14

15. Rule 3-102: Optional Forms Petition for Hearing on Requisition for Runaway Juvenile Order Setting Hearing for Runaway Juvenile Petition for Requisition to Return Juvenile (Form A) –Minor editorial “clean up” and added “Form A” to title 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 –Added “calendar days” for clarification Case Closure Notification –Minor editorial “clean up” and changed title Serving Juveniles While Protecting Communities 15

16. Rule 3 -103: Form Modifications or Revisions New rule governing revisions to Commission Forms Specifies that ICJ Forms: –May not be changed, altered or modified –May not be substituted Proposing changes to ICJ Forms is consistent with process set forth in Rule 7-101 Majority of Commission members must approve Serving Juveniles While Protecting Communities 16

17. Section 400 Transfer of Supervision Serving Juveniles While Protecting Communities

18. Rule 4-101: Processing Referrals Specifies the supporting eligibility criteria for the transfer of juveniles The juvenile must be under supervision with: 1.A plan to relocate to another state for longer than 90 consecutive days in any twelve month period; and 2.More than 90 days or an indefinite period of supervision remaining at the time the sending state submits the request Serving Juveniles While Protecting Communities 18

19. New Rule 4-101A: Transfer of Students Juveniles eligible for transfer as defined by Rule 4-101, who have been accepted as full-time students at a secondary school, accredited university/college, or state licensed specialized training program shall be considered for supervision by the receiving state Students must provide proof of enrollment to be eligible for Compact services –Eligibility for this population is no longer considered on a discretionary basis Supervision is provided in accordance with Rule 4-104 If the juvenile’s placement fails, return is in accordance with Rule 6-104 Serving Juveniles While Protecting Communities 19

20. Rule 4-102: Sending and Receiving Referrals Allows the electronic transfer of referral documents “if mutually agreed upon” For parole cases: the sending state must forward the Form V prior to placement For probation cases: the sending state must forward the Form V prior to placement if the juvenile is not already residing in the receiving state Serving Juveniles While Protecting Communities 20

21. Rule 4-103: Transfer of Supervision Procedures Juvenile sex offenders (JSOs) shall not travel to the receiving state until: –The sending state’s request for transfer is approved; or –The receiving state issues reporting instructions Unless an emergency exists as defined by Rule 4-103(2) Sending states must now provide the following additional documents in the referral packet for JSOs –The referral documents mandated by Rule 4-102(3) –Risk Assessment –Safety Plan Specific Assessments (if available) –Victim Information, i.e., sex, age, relationship to the offender –Sending state’s current or recommended Supervision and Treatment Plan –All other pertinent materials –Parole conditions upon the release of the juvenile from an institution Serving Juveniles While Protecting Communities 21

22. Rule 4-103 (cont.) Notify the JSOs and their placement resources that they must follow the registration laws of the receiving state –i.e., felony or sex offender registration, notification, or DNA testing –Subject to receiving state’s laws if they fail to register when required The sending state must provide a travel permit to the receiving state at least 48 hours prior to the JSO’s departure –Exception for emergency circumstances –The sending state shall not issue a travel permit until the receiving state issues reporting instructions Home evaluations for JSOs must ensure compliance with local policies or laws –If proposed placement is unsuitable, may be denied in accordance with Rule 4-104(7) Serving Juveniles While Protecting Communities 22

23. Rule 4-104: Cooperative Supervision/ Services Requirement Both the sending and receiving states have the authority to enforce the terms of supervision –May include imposing detention time –Costs incurred are the responsibility of the state seeking to impose enforcement sanctions If the receiving state detains a juvenile who is under ICJ, type of incarceration is determined by the receiving state’s laws regarding the age of majority Serving Juveniles While Protecting Communities 23

24. Rule 4-106: Closure of Cases If a juvenile is convicted and sentenced under adult jurisdiction and the adult sentence is longer than the juvenile sentence, the receiving state may close the supervision and administration of its ICJ case –The receiving state must provide copies of the adult court order The sending state retains sole authority to release a juvenile early from supervision –The receiving state may request for an early release But the receiving state can no longer release a juvenile due to a sending state’s failure to respond Serving Juveniles While Protecting Communities 24

25. Section 500 Supervision in Receiving State Serving Juveniles While Protecting Communities

26. Rule 5-101: Authority to Accept/Deny Supervision Changes stipulate that 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 a legal custodian remains in the sending state and the placement fails, the sending state returns the juvenile within five (5) business days This amendment supersedes the “override provision” from the old version of Rule 5-101 Serving Juveniles While Protecting Communities 26

27. Rule 5-102: Travel Permits Travel permits may be issued for “appropriate purposes” and are not limited to testing a placement –Travel permits are issued for a variety of appropriate reasons, i.e., medical care, family visits, and work Travel permits are still mandatory regardless of length of stay where the adjudicating offense(s) includes: –Sex-related offenses –Violent offenses that have resulted in personal injury or death –Offenses committed with a weapon –Juveniles committed to state custody Serving Juveniles While Protecting Communities 27

28. Section 600 Return of Juveniles Serving Juveniles While Protecting Communities

29. Rule 6-102: Voluntary Return of Out-of-State Juveniles It is the responsibility of the home/demanding state to return the juvenile within five (5) business days of receiving the signed Form III –This period may be extended up to an additional five (5) business days with approval from both ICJ Offices Serving Juveniles While Protecting Communities 29

30. Rule 6-103: Non-Voluntary Return Changes to Rule 6-103 clarify the non-voluntary return processes by dividing it into two distinct processes: –Returning non-delinquent runaways; and –Returning juveniles who are escapees, absconders, or accused of being delinquent Serving Juveniles While Protecting Communities 30

31. Rule 6-103: Non-Delinquent Return The parent/legal guardian or custodial agency must petition the court in the home/demanding state for a requisition –The petitioner may use Form A or other petition that states: –The juvenile’s name and date of birth –Name of the petitioner and entitlement to the juvenile –The circumstances of his/her running away –His/her location if known –Other facts that show the juvenile is endangering his/her own welfare or others and is not an emancipated minor –The petition shall be verified by affidavit and executed in duplicate –Include two certified copies of documents that show entitlement to the juvenile Serving Juveniles While Protecting Communities 31

32. Rule 6-103: Non-Delinquent Return (cont.) The home/demanding state's appropriate state authority begins the requisition process: –Once the holding state’s ICJ Office notifies that a non- delinquent juvenile in custody refuses to voluntarily return; and –The parent/legal guardian is unable or refuses to initiate the requisition The judge in the home/demanding state signs the completed Form I in duplicate Serving Juveniles While Protecting Communities 32

33. Rule 6-103: Escapee, Absconder, or JCD Return Process The appropriate authority presents Form II to the court where the juvenile is allegedly located The requisition shall be verified by affidavit, signed in duplicate with two (2) certified copies of supporting documents that show entitlement to the juvenile for two complete, separate requisition packets Serving Juveniles While Protecting Communities 33

34. Rule 6-103: Escapee, Absconder, or JCD Return (cont.) The home/demanding state’s ICJ Office retains one copy and forwards two copies of the requisition packet to the ICJ Office of the state where the juvenile is located The ICJ Office of the state where the juvenile is located will forward one requisition packet and certified supporting documents to the appropriate court –If not already detained, the court shall order the juvenile be held pending a hearing to determine if the requisition is in order Serving Juveniles While Protecting Communities 34

35. Rule 6-103: Further Clarification In all cases, the holding court forwards the order concerning the requisition to the holding state’s ICJ Office –Ensure that your Compact Office forwards this order to the home/demanding state’s ICJ office The home/demanding state returns the juveniles within five (5) business days of the receipt of the order granting the requisition –This time period may be extended with approval from both ICJ Offices The officers of any compacting state are permitted to transport such juveniles through all member states without interference Serving Juveniles While Protecting Communities 35

36. Rule 6-104: Return of Juveniles Whose ICJ Placement Has Failed Ensure that your state returns juveniles in accordance with Rules 6-106(2) and 6-111(1) –Rule 6-106(2): Public Safety –If the juvenile is a risk to his/herself or others, he/she shall be accompanied –Rule 6-111(1): Airport Supervision –All states shall provide supervision and assistance to unescorted juveniles at intermediate airports Serving Juveniles While Protecting Communities 36

37. Rule 6-106: Public Safety It is the responsibility of the home/demanding state’s ICJ Office to determine if the juvenile is a threat to themselves or others –If deemed a threat, the juvenile must be accompanied on their return Requisitioned juveniles must be returned in accordance with Rule 6-103(12) –Requisitioned juveniles must be accompanied in their return to the home/demanding state unless both ICJ Offices determine otherwise Serving Juveniles While Protecting Communities 37

38. Rule 6-108: Warrants The holding state’s ICJ office must notify the home/demanding state within the next business day that a juvenile from their state is in custody The holding state must provide juveniles subject to detention a hearing in accordance with Rule 6-109 Serving Juveniles While Protecting Communities 38

39. Rule 6-109: Custodial Detention The holding state is not reimbursed for detaining juveniles unless the home/demanding state fails to effect the juvenile’s return within five (5) business days The holding state’s court may discharge a juvenile to a parent/legal guardian/designee if: 1.The holding court determines further detention is not appropriate; or 2.The holding state fails to provide a judicial hearing within ten (10) business days Serving Juveniles While Protecting Communities 39

40. Section 700 Adoption and Amendment of Rules Serving Juveniles While Protecting Communities

41. Rule 7-101: Adoption of Rules and Amendments The Chair of Rules Committee can direct revisions to ICJ Rules for the purpose of correcting the following errors: –Typographical –Formatting –Consistency –Grammatical Public notice of proposed changes are posted on the Commission’s website for 30 calendar days –Commissioners or designees can challenge in the grounds that the proposed change affects the meaning of the rule –Challenges submitted in writing to the Executive Director If there are no challenges, the rule will take effect without further Commission action Serving Juveniles While Protecting Communities 41

42. Questions? Serving Juveniles While Protecting Communities 42

43. Serving Juveniles While Protecting Communities Contact Information National Office Interstate Commission for Juveniles 836 Euclid Avenue Suite 322 Lexington, KY 40502 (859) 721-1062 www.juvenilecompact.org 43