Interstate Compact for Juveniles

Interstate Compact for Juveniles
Judicial Training Revised December 2016

Interstate Compact for Juveniles
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 Serves as the only legal process for returning runaways The main purpose of this body is to: Promulgate rules Coordinate the interstate movement of juveniles subject to the Compact Enforce compliance Resolve disputes between state Article I,V, & VII Serving Juveniles While Protecting Communities

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 Courts and executive agencies must enforce the Compact and its rules. See, Art. VII § A(2) ICJ rules are binding on all states and their officials. Requirements of the ICJ extend to both state and county courts, probation authorities, paroling authorities and other agencies having responsibility for juveniles. Once adopted, the rules have the force and effect of statutory law and supersede any inconsistent and conflicting state laws. Serving Juveniles While Protecting Communities

Crime Control Act, 4 U.S.C. Section 112 (1965)
Authority of the Compact Crime Control Act, 4 U.S.C. Section 112 (1965) All courts and executive agencies subject to the ICJ Cooperative efforts and mutual assistance Contradictions to ICJ Rules are invalid to the extent of the conflict Article I,V, & VII Serving Juveniles While Protecting Communities

Governing Body of the ICJ
52 states/territories The authority of the compact extends to 52 member states. For additional information see Article IV To review the “Effect of Withdrawal” See Article XI To view a list of key definitions in the ICJ view the Bench Book 2.8 See Article IV Serving Juveniles While Protecting Communities

Serving Juveniles While Protecting Communities
National Structure National Commission Chair Treasurer Secretary (Executive Director) Executive Committee Vice Chair Committees: Compliance Finance Information Technology Rules Training, Education, and Public Relations National Structure of the ICJ is composed of: A National Commission Executive Committee, which consists of the role of Chair, that presides over committees and various regions within the member states; additionally there is the role Vice Chair, Treasurer; the role of Secretary (is fulfilled by the National Office Executive Director), Regions: East Midwest South West National Office Serving Juveniles While Protecting Communities

State Council Structure
Executive Representative Legislative Representative Judicial Representative Victim’s Advocate Compact Administrator / Commissioner 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 Serving Juveniles While Protecting Communities

Communication Between States
ALL communication occurs at the ICJ Office level All forms of communication must observe privacy laws (i.e. Family Educational Rights and Privacy Act [FERPA]) Rule 2-104: Communication requirements between states 1. All communications between states, whether verbal or written, on ICJ issues shall be transmitted between the respective ICJ Offices. 2. Communication may occur between local jurisdictions with the prior approval of the ICJ Offices in both states. An copy of the correspondence must be sent to the ICJ Administrator’s Office in both states. 3. All forms of communication must observe applicable privacy laws Advisory Opinion Whether or not the activities, including the disclosure and tracking of protected health information, of state agencies which administer the ICJ, acting pursuant to the provisions of the ICJ and its authorized rules, are exempt from the applicability of HIPAA Additionally HIPAA specifically authorizes disclosures of protected health information to law enforcement officials who need the information in order to provide health care to the individual and for the health and safety of the individual. Under these provisions, it appears that disclosures of health information which are required to provide for treatment of juveniles subject to the ICJ would also be exempt from HIPAA requirements. Rule 2-104 Serving Juveniles While Protecting Communities

Communication Workflow
Supervisor for PO Supervisor for PO Compact Office Compact Office Local PO Local PO Sending State Receiving State Serving Juveniles While Protecting Communities

Victim Notification Responsibilities
Under ICJ Rules 2-105, any compliance with victim notification requirements are the responsibility of the sending state in accordance with the laws and policies of that state. Creates a mechanism for meeting victim notification requirements Victim notification is the responsibility of the sending state What are the responsibilities of the sending state? Sending state’s officer uses new Victim Notification Supplement Form when he/she requires assistance from receiving state’s supervising officer to meet notification requirements Include SPECIFIC information on: What information is required The timeframe for receiving the information Provides updates to the receiving state on any changes to victim notification requirements What are the responsibilities of the receiving state? Provide the sending state with requested information to ensure the sending state remains compliant with their laws and policies Victim notification information remains confidential. Rule 2-105 Serving Juveniles While Protecting Communities

Victim Notification Responsibilities
Sending State Attach Victim Notification Supplement Form to referral packet Include SPECIFIC instructions regarding information to be collected Specify timeframes for reporting requested information Provide updates to the receiving state regarding victim notification requirements Receiving State Provide requested information to the sending state in a timely manner Creates a mechanism for meeting victim notification requirements Victim notification is the responsibility of the sending state What are the responsibilities of the sending state? Sending state’s officer uses new Victim Notification Supplement Form when he/she requires assistance from receiving state’s supervising officer to meet notification requirements Include SPECIFIC information on: What information is required The timeframe for receiving the information Provides updates to the receiving state on any changes to victim notification requirements What are the responsibilities of the receiving state? Provide the sending state with requested information to ensure the sending state remains compliant with their laws and policies Victim notification information remains confidential. See Rule 2-105 Serving Juveniles While Protecting Communities

Juvenile Interstate Data System (JIDS)
Commission approved in November 2012 States shall use JIDS to process all ICJ Forms As amended effective January 1, 2015, the form names are not in Rule in accordance with the Administrative Policy on forms management. See Rule 3-101 Serving Juveniles While Protecting Communities

Who is Served by the Compact?
A juvenile who… Is on probation or parole and plans to move out of state Is a non-delinquent who runs away to another state Escapes from an institution to another state Absconds from probation/parole to another state Is an accused delinquent who runs away to another state Requires institutional care and specialized services in another state Who is served by the Compact? A juvenile who: Is on probation or parole and plans to move out of state Is a non-delinquent who runs away to another state Escapes from an institution to another state Absconds from probation/parole to another state Is an accused delinquent who runs away to another state Requires institutional care and specialized services in another state Serving Juveniles While Protecting Communities

Transfer of Supervision
Serving Juveniles While Protecting Communities

State Compact Offices Coordinate the transfer of supervision
Arrange the return of runaways, escapees, absconders, and accused delinquents Provide notification for out-of-state travel Educate courts, agencies, and law enforcement personnel Ensure compliance with ICJ Rules Resolve disputes Serving Juveniles While Protecting Communities

Transfer of Supervision - Overview
Individual is classified as a juvenile in the sending state Adjudicated delinquent, adjudicated status offender, or has a deferred adjudication in the sending state Under the jurisdiction of a court or appropriate authority in the sending state Minimum length of supervision requirements met Proposed transfer not merely for purpose of collecting restitution Minimum residential requirements met Home Evaluation completed and relocation approved Juvenile’s supervision may be transferred Serving Juveniles While Protecting Communities

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

Eligibility Criteria for Juveniles
Persons eligible for Transfer of Supervision: A person classified as a ‘juvenile’ by the sending state and who is under the jurisdiction of a court or appropriate authority Adjudicated delinquents Adjudicated status offenders Juveniles with deferred adjudication Rule 4-101(2) No state shall permit a juvenile who is eligible for transfer under this Compact to relocate to another state except as provided by the Compact and these rules. A juvenile shall be eligible for transfer under ICJ if the following conditions are met: a. is classified as a juvenile in the sending state; and b. is an adjudicated delinquent, adjudicated status offender, or has a deferred adjudication in the sending state; and c. is under the jurisdiction of a court or appropriate authority in the sending state; and Rule 4-101 Serving Juveniles While Protecting Communities

Eligibility Criteria for Juveniles, cont.
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 d. has a plan inclusive of relocating to another state for a period exceeding ninety (90) consecutive days in any twelve (12) month period; and e. has more than ninety (90) days or an indefinite period of supervision remaining at the time the sending state submits the transfer request; and Rule 4-101 Serving Juveniles While Protecting Communities

Residential Criteria for Transfers
A juvenile is eligible for transfer of supervision if he/she: Resides with: Legal Guardian Relative Non-relative Independently Is a full-time student at: Accredited secondary school Accredited university College Licensed specialized training program *Must provide proof of acceptance and enrollment Rule 4-101(2) (f) f. 1. Will reside with a legal guardian, relative, non-relative or independently, excluding residential facilities; or 2. Is a full time student at an accredited secondary school, or accredited university, college, or licensed specialized training program and can provide proof of acceptance and enrollment. Rule 4-102(3) If a child is placed pursuant to the ICJ and is also subject to the ICPC, placement and supervision through the ICPC would not be precluded. Rule 4-101 Serving Juveniles While Protecting Communities

Sending Referrals - Overview
Receiving state provides approval/disapproval or explanation of delay to the sending state within 45 calendar days The receiving state has 45 calendar days to return the completed home evaluation to the sending state, noting whether supervision is approved or disapproved. 1. Each ICJ Office shall adhere to the following screening process when sending and receiving referrals. Supervision shall not be provided without written approval from the receiving state’s ICJ Office. The sending state shall maintain responsibility until supervision is accepted by the receiving state. 2. Each ICJ Office shall develop policies/procedures on how to handle ICJ matters within their state. 3. Each ICJ Office shall ensure all requests and coordination for ICJ supervision are between ICJ Offices. The receiving state will not delay the investigation pending receipt of the additional documentation. Rules 4-102 Serving Juveniles While Protecting Communities

Sending Referrals - Overview
Sending State 45 Days from Start to Finish ICJ Office in Receiving State Conduct Home Evaluation Home Evaluation and other documents to ICJ Office in Receiving State Approval or Denial Sent Serving Juveniles While Protecting Communities

Sending PAROLE Referrals
Submit referral documents 45 days prior to anticipated arrival Items included in referral packet: Form IV Form IA/VI Order of Commitment Court Order Petition/ Arrest Reports Legal & Social History Parole Conditions (upon release from facility) State Committed (Parole) Cases – State Committed (Parole) Cases – The ICJ Office in the sending state shall ensure the following referral documents are complete and forwarded to the receiving state forty five (45) calendar days prior to the juvenile’s anticipated arrival: Form IV, Form IA/VI and Order of Commitment. The ICJ Office in the sending state should also provide copies, (if available) of the Petition and/or Arrest Report(s), Legal and Social History, and any other pertinent information deemed to be of benefit to the receiving state. Parole conditions, if not already included, shall be forwarded to the receiving state upon the juvenile’s release from an institution. Form V shall be forwarded prior to placement in the receiving state. Rule 4-102 Serving Juveniles While Protecting Communities

Sending PROBATION Referrals
The sending state shall maintain responsibility until supervision is accepted by, and the juvenile has arrived in, the receiving state. Submit the following referral documents: Form IV Form IA/VI Order of Adjudication and Disposition Conditions of Probation Petition/ Arrest Reports Probation Cases: - The sending state shall maintain responsibility until supervision is accepted by, and the juvenile has arrived in, the receiving state. - The ICJ Office in the sending state shall ensure the following referral documents are complete and forwarded to the receiving state.: Form IV, Form IA/VI, Order of Adjudication and Disposition, Conditions of Probation and Petition and/or Arrest Report(s). The ICJ Office in the sending state should also provide copies (if available) of Legal and Social History, and any other pertinent information deemed to be of benefit to the receiving state. Form V shall be forwarded prior to placement if the juvenile is not already residing in the receiving state. Rule 4-102 Serving Juveniles While Protecting Communities

Expedited Request for Transfer of Juveniles on Parole
If a paroled juvenile requires relocation prior to acceptance of supervision, the sending state shall determine if the circumstances of the juvenile’s immediate relocation justify the use of a Travel Permit, including appropriateness of residence Sending State Determine if circumstances justify use of a Travel Permit Consider appropriateness of the residence Provide written explanation as to why ICJ procedures could not be followed Transmit a complete referral within 10 business days of issuance of Travel Permit Receiving State Decide to expedite the ICJ referral Rule 4-104(4): Supervision may be denied… except when a juvenile has no legal guardian remaining in the sending state and the juvenile does have a legal guardian residing in the receiving state. The sending state must: Determine if the circumstances of immediate relocation justify the use of a travel permit Consider the appropriateness of the residence. Provide a written explanation as to why ICJ procedures for submitting a referral could not be followed. Provide a complete ICJ referral to the receiving state within ten (10) business days. The receiving state: Determines whether or not it will expedite the referral. See Rule 4-102, 4-104 Serving Juveniles While Protecting Communities

Transferring Juvenile Sex Offenders
Request for transfer approved Receiving state issues reporting instructions Transfer request qualifies for expedited transfer status Juvenile sex offenders may not travel into the receiving state unless: Parole/probation documents Safety plan specific assessments Legal/Social History Victim information Treatment Plan Petition/arrest reports Items included in a referral packet: A “Juvenile Sex Offender” is defined by the ICJ Rules as a juvenile having been adjudicated for an offense involving sex or of a sexual nature as determined by the sending state or who may be required to register as a sex offender in the sending or receiving state. When transferring a juvenile sex offender, documentation should be provided to the receiving state: Form IA/VI, Form IV, Form V, Order of Adjudication and Disposition, Conditions of Probation, Petition and/or Arrest Report, Risk Assessment, Safety Plan Specific Assessments (if available), Legal and Social History information pertaining to the criminal behavior, Victim Information, i.e., sex, age, relationship to the offender, sending state’s current or recommended Supervision and Treatment Plan, and all other pertinent materials. NOTE: Parole conditions shall be forwarded to the receiving state upon the juvenile’s release from an institution. Please refer to the ICJ website for a Best Practices document offering ideas in dealing with juvenile sex offender transfer cases involving the offender residing in the home with his/her victim. Best Practices are in no way policies or procedures and can not be used as a reason to reject a case. Rules 4-103, 2-105 Serving Juveniles While Protecting Communities

Exception – Sending Referrals, cont.
If a paroled juvenile or juvenile sex offender requires out-of-state supervision prior to acceptance of supervision: Juvenile cannot leave the sending state prior to acceptance unless no legal guardian remains in the sending state, but does reside in the receiving state The sending state shall determine if the circumstances of the juvenile’s immediate relocation justify the use of a travel permit, including appropriateness of residence When it is necessary for a juvenile sex offender to relocate with a legal guardian prior to the acceptance of supervision, and there is no legal guardian in the sending state, the sending state shall determine if the circumstances of the juvenile’s immediate relocation justify the use of a travel permit, including appropriateness of residence. Supervision may be denied… except when a juvenile has legal guardian remaining in the sending state and the juvenile does have a or legal guardian residing in the receiving state. If not already submitted, the sending state ICJ Office shall provide the complete ICJ referral to the receiving state ICJ office within ten (10) business days of the travel permit being issued. The receiving state shall make the decision whether or not it will expedite the ICJ referral. Juvenile cannot leave the sending state prior to acceptance unless no legal guardian remains in the sending state, but does reside in the receiving state Rules 4-102, 4-103, 4-104 Serving Juveniles While Protecting Communities

Receiving State Responsibilities
Advises the sending state of any applicable registration requirements and/or reporting instructions within five (5) business days of receipt of Form VII Out-of-State- Travel Permit and Agreement to Return RECEIVING STATE Has the authority to supervise juveniles once supervision is accepted and juvenile has arrived, as pursuant to reporting instructions issued under Rule 4-103(3)(c) The Receiving state must: Advise the sending state of any applicable registration requirements or reporting instructions. Once supervision is accepted and a juvenile has arrived, the receiving state gains the authority to supervise the juvenile pursuant to reporting instructions issued under Rule 4-103(3)(c) See Rules 4-103(3)(c), 4-103(3)(d) Serving Juveniles While Protecting Communities

Sending State Responsibilities
Determines if circumstances for immediate relocation justify using a travel permit Consider the appropriateness of the residence Provide an approved travel permit Provide a written explanation why ICJ procedures could not be followed Transmit ICJ referral within 10 businesses days of issuing a travel permit Communicate registration and/or reporting requirements to the juvenile and family Maintain responsibility until receiving state accepts supervision Sending state must: Determine if the circumstances of immediate relocation justify the use of a travel permit Consider the appropriateness of the residence Provide the receiving state with an approved travel permit Provide a written explanation as to why ICJ procedures could not be followed Transmit a complete ICJ referral within 10 businesses days of the travel permit being issued Communicate registration and/or reporting requirements to the juvenile and family Maintain responsibility until receiving state accepts supervision See Rules 4-103(3)(c), 4-103(3)(d) Serving Juveniles While Protecting Communities

Accepting Referrals The receiving state SHALL accept supervision when:
The juvenile has no legal guardian remaining in the sending state, and The juvenile does have a legal guardian in the receiving state See Rule 4-104 Serving Juveniles While Protecting Communities

Accepting Supervision
If the transfer of supervision in the receiving state is denied, the sending state’s ICJ Office retakes the juvenile within 5 business days If a legal guardian remains in the sending state See Rule 4-104 Serving Juveniles While Protecting Communities

Supervision Request Flowchart
Local field staff in sending state prepares and submits ICJ referral to sending state ICJ Office Step 1 Sending state compact administrator reviews the referral Step 2 Receiving state compact administrator reviews the referral Step 3 Local field staff in receiving state reviews referral and completes Home Evaluation Step 4 Using JIDS, local sending state official prepares & submits ICJ referral to sending state ICJ Office Sending state compact administrator reviews referral Receiving state compact administrator reviews referral Local Court/Worker in Receiving State reviews referral, completes Home Evaluation Serving Juveniles While Protecting Communities

Supervision Request Flowchart, cont.
Receiving state ICJ Office reviews local field staff’s recommendation and accepts/rejects transfer of supervision Step 5 Sending state ICJ Office reviews notification of acceptance/rejection of supervision Step 6 Local sending state court worker receives Home Evaluation and notice of acceptance/rejection of supervision; notifies family/juvenile of results; if applicable, prepares arrival/travel packet Step 7 Sending state compact administrator receives travel arrangements from local field staff; notifies receiving state ICJ office of travel plans; forwards arrival packet to receiving state’s ICJ Office Step 8 Using JIDS, receiving State ICJ Office reviews local field staff’s recommendation and accepts/rejects transfer of supervision according to ICJ Rules/Statute (returns response within 45 calendar days of receipt) Sending State ICJ Office reviews notification or acceptance/rejection of supervision Local Sending State Court/Worker receives home evaluation & notice of acceptance/rejection of supervision; notifies family/juvenile of results; if applicable, prepares arrival/travel packet Sending State Compact Administrator receives travel arrangements from local Court/Worker; notifies Receiving State ICJ Office of travel plans; forwards arrival packet to Receiving State ICJ Office Serving Juveniles While Protecting Communities

Home Evaluations - Overview
Within 45 calendar days of receipt, the receiving state’s ICJ Office forwards the completed Form VIII to the sending state’s ICJ Office Signed by appropriate authority Receiving state may deny supervision if it is unsuitable If necessary, explanation of delay required ; See Rule 4-102, 4-104 Serving Juveniles While Protecting Communities

Authority to Accept/Deny Supervision
Only ICJ Administrator or Designee can authorize or deny supervision Administrator’s signature is required on Form VIII or with documentation approving/disapproving supervision Rule 4-104 Serving Juveniles While Protecting Communities

Acceptable Reasons to Deny Supervision
Form VIII: Home Evaluation indicates an unsuitable residence Juvenile is not in substantial compliance with conditions of supervision required by either state Cannot deny supervision based on the juvenile’s offense or age “Substantial Compliance:” sufficient compliance by a juvenile 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. See Rule 4-104 Serving Juveniles While Protecting Communities

Supervision/Service Requirements
Receiving state assumes the duties of supervision when it accepts the transfer May impose condition on a juvenile if that condition would have been imposed on a juvenile in the receiving state Both the sending and receiving states have the authority to enforce the terms of supervision May include imposing sanctions Any costs incurred from any conditions imposed by the receiving state shall not be the responsibility of the sending state. The sending and receiving states have the authority to enforce the terms of supervision, including imposing sanctions. As defined in the ICJ Rules, “Sanction” is a requirement, including but not limited to detention time, imposed upon a juvenile for non-compliance with terms of supervision. For further clarification on the term “sanction,” see Advisory Opinion on whether or not the term “sanctions” used in Rule 5-101(3), includes detention time. Review Advisory Opinion See Rule 5-101 Serving Juveniles While Protecting Communities

Sanctions During Supervision
Costs incurred are the responsibility of the state seeking to impose enforcement sanctions. Advisory Opinion A supervising state may impose graduated sanctions upon any juvenile transferred under the Compact if such standards are also applied to its own delinquent juveniles *The type of secure detention is determined by the receiving state’s age of majority. See Rule 5-101 Serving Juveniles While Protecting Communities

ICJ Offices do not handle payments Supervision fees are NOT applicable
Paying Restitutions and Fines Sending state provides the payment schedule and payee information to the receiving state The juvenile and/or their family pay the restitution payments/fines directly to the adjudicating court/agency in the sending state ICJ Offices do not handle payments Supervision fees are NOT applicable See Rule 5-101 Serving Juveniles While Protecting Communities

Treatment Services 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 They cannot be obtained through Medicaid, private insurance, or other payor Sending state determines age of majority and duration of supervision See Rule 5-101 Serving Juveniles While Protecting Communities

Submitting Progress Reports
Due every 90 days – receiving state’s ICJ Office provides reports to the sending state’s ICJ Office Additional reports provided when: Concerns arise over juvenile A change in residence occurs Field staff should report violations to the receiving state’s ICJ Office as soon as possible See Rule 5-101 Serving Juveniles While Protecting Communities

Absconders The receiving state to locate an absconder by:
If the juvenile is not located, the receiving state shall submit a violation report. Conducting a field contact at last known residence Contacting last known school or employer Contacting known family members and collateral contacts Rule addresses a procedure for juvenile absconders and allows the receiving state to close the case. The receiving state shall attempt to locate an absconder by: Conducting a field contact at last known residence; Contacting the last known school employer; and Contacting known family members and collateral contacts. If the juvenile is not located, the receiving state submits a violation report to the sending state that includes: The juvenile’s last known address and telephone number; Date of the juvenile’s last personal contact with the supervising agent; Details regarding how the supervising agent determined the juvenile to be an absconder; and Any pending charges in the receiving state. See Rule 5-102 Serving Juveniles While Protecting Communities

Absconders 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 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 a warrant has been issued by the sending state for a juvenile who has absconded from supervision in the receiving state, or if the juvenile has been on absconder status for ten (10) business days. Upon finding or apprehending the juvenile, the sending state shall make a determination if the juvenile shall return to the sending state or if the sending state will request supervision resume in the receiving state. See Rule 5-102 Serving Juveniles While Protecting Communities

Closing an ICJ Case See Rule 5-104
The sending state shall close the case when the sole purpose of supervision is collecting restitution and/or court fines Upon notice that the sending state has issued a warrant for absconder, or if juvenile has been on absconder status for 10 business days Sending state fails to make a placement within 90 calendar days after acceptance by the receiving state Upon notice to the sending state when the maximum period of probation or parole has expired Upon notice to the sending state when the court order has expired Juvenile convicted of a crime in the receiving state, sentenced as an adult, and the adult sentence exceeds the juvenile sentence The sending state has sole authority to discharge/terminate supervision of its juveniles with the exception of: - Juvenile convicted of a crime in the receiving state, sentenced as an adult, and the adult sentence exceeds the juvenile sentence - Upon notice to the sending state when the court order has expired - Upon notice to the sending state when the maximum period of probation or parole has expired - Sending state fails to make a placement within 90 calendar days after acceptance by the receiving state - Upon notice that the sending state has issued a warrant for absconder, or if juvenile has been on absconder status for 10 business days - The sending state shall close the case when the sole purpose of supervision is collecting restitution and/or court fines Rule 5-104: The receiving state may close the case Upon notification that a warrant has been issued by the sending state for a juvenile who has absconded from supervision in the receiving state, If the juvenile has been on absconder status for 10 business days. Or when the sole purpose of supervision is collecting restitution and/or court fines See Rule 5-104 Serving Juveniles While Protecting Communities

Requesting an Early Release
Sending state must respond to request for early release from receiving state within 60 calendar days If accepted: The sending state forwards a copy of the discharge report If the sending state denies the request, it shall provide written explanation The receiving state cannot release a juvenile due to the sending state’s failure to respond See Rule 5-104 Serving Juveniles While Protecting Communities

Returning Juveniles Serving Juveniles While Protecting Communities

Release of Non-Delinquent Runaways
Authorities may release non-delinquent runaways to their legal guardian or custodial agency within the first 24 hours of detainment If a non-delinquent runaway remains in custody beyond 24 hours, the holding state shall contact its ICJ Office Rules 6-101 Serving Juveniles While Protecting Communities

Process Chart: Release of Non-Delinquent Runaway
Rule 6-101 Serving Juveniles While Protecting Communities

Holding Runaways in Secure Facilities
Runaways are held in secure facilities if: They are held longer than 24 hours 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 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. *OJJDP Exclusion for ICJ* A little historical background regarding this: The JJDP Act (Juvenile Justice and Delinquency Prevention Act of 1974 and was Reauthorized in 2002, 42 U.S.C. §§ 5601, et seq.) is a federal law that ties the allocation of federal funds to a state’s compliance with guidelines pertaining to the detention of juvenile offenders. (Status offenses include curfew violations, runaways, alcohol possession offenses- offenses not applicable to adults). Deinstitutionalization of Status Offenders (DSO) -- the deinstitutionalization of status offenders and non-offenders requires that youth who are runaways, truants or curfew violators cannot be detained in juvenile detention facilities or adult jails; "Sight and Sound"—The "Sight and Sound" separation protection disallows contact between juvenile and adult offenders (i.e. if juveniles are put in an adult jail or lock up under the limited circumstances the law allows for, they must be separated from adult inmates); "Jail Removal"—The "Jail Removal" disallows the placement of youth in adult jails and lock ups except under very limited circumstances; Disproportionate Minority Confinement (DMC) -- The DMC provision requires states to address the issue of over-representation of youth of color in the justice system. HOWEVER, Juveniles held pursuant to the Interstate Compact for Juveniles enacted by the state are excluded from this requirement. -OJJDP Exclusion- Juveniles held pursuant to the Interstate Compact for Juveniles enacted by the state are excluded from the deinstitutionalization of status offenders requirements in total. The holding state shall have the discretion to hold runaways and accused status offenders who are not a danger to themselves or others at a location it deems appropriate. (6-102, 6-103) Serving Juveniles While Protecting Communities

Voluntary Return of Juveniles
At a hearing, the judge informs the juvenile of his/her due process rights The home/demanding state’s ICJ Office determines residency and jurisdictional facts The holding state’s ICJ Office notifies the home/demanding state’s ICJ Office of the case See Rule 6-102 Serving Juveniles While Protecting Communities

Voluntary Return of Juveniles
Within 5 business days of receiving the signed Form III or adult waiver, the home/demanding state returns the juvenile The holding state forwards a copy of the Form III to the home/demanding state’s ICJ Office Authorities forward Form III to the holding state’s ICJ Office The home/demanding state may accept an adult waiver instead of the ICJ Form III If the juvenile agrees to return, the juvenile signs Form III in the presence (physical or electronic) of a judge See Rule 6-102 Serving Juveniles While Protecting Communities

Form III: Consent for Voluntary Return of Out of State Juvenile

Non-Voluntary Returns: Overview
Rules and 6-103A divide non-voluntary returns into two distinct processes: Returning runaways and/or accused status offenders Returning escapees, absconders, or accused delinquents Per ICJ Rules and 6-103A, Requisitions must be entered into the electronic data system. This process applies to all juveniles in custody who refuse to voluntarily return to their home/demanding state, or to request a juvenile whose whereabouts are known, but not in custody ne picked up and detained pending a return. Rules 6-103, 6-103A Serving Juveniles While Protecting Communities

Non-Voluntary Returns: Requisitions
Requisitions apply to all juveniles in custody who refuse to voluntarily return to their home/demanding state or to request a juvenile whose whereabouts are known but not in custody be picked up and detained pending return Requisitions must be entered into the electronic data system. This process applies to all juveniles in custody who refuse to voluntarily return to their home/demanding state, or to request a juvenile whose whereabouts are known, but not in custody ne picked up and detained pending a return. See Rule 6-103 Serving Juveniles While Protecting Communities

Non-Voluntary Return of Runaways and/or Accused Status Offenders
The legal guardian or custodial agency must petition the court of jurisdiction in the home/demanding state for a requisition; when the juvenile is already in custody, this shall within 60 calendar days of notification Form A: Petition for Requisition to Return a Runaway Juvenile When a juvenile is a runaway and/or accused status offender, the legal guardian or custodial agency must petition the court of jurisdiction in the home/demanding state for a requisition. When a juvenile is already in custody, this shall be done within 60 calendar days of notification of the juvenile’s refusal to voluntarily return. The petitioner may use Form A: Petition for Requisition to Return a Runaway Juvenile or other petition. The petition should include pertinent information such as the juvenile’s name and date of birth, basis of entitlement to the juvenile’s custody, the circumstances of his/her running away, etc. The petition shall be verified by affidavit and accompanied by a certified copy of the documents on which the petitioner’s entitlement to the juvenile’s custody, such as a birth certificate, letter of guardianship, etc. Rule 6-103, 6-103A Serving Juveniles While Protecting Communities

The judge in the home/demanding state determines if: The 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 return Form I: Requisition for Runaway Juvenile When the judge in the home/demanding state determines a juvenile shall be returned, he/she signs the Form I: Requisition for Runaway Juvenile. This Form shall be forwarded to the home/demanding state’s ICJ Office. Once the requisition packet is in order the home/demanding state’s ICJ Office will submit it, via JIDS, to the state where the juvenile is located. See Rule 6-103 Serving Juveniles While Protecting Communities

The ICJ Office in the state where the juvenile is located forwards Form I to appropriate court to request a hearing be held within 30 calendar days of the receipt of requisition The court in the holding state informs the juvenile of demand for return and he/she may elect to appoint counsel or a guardian ad litem Orders concerning requisitions shall be forwarded immediately from the holding court to the holding state’s ICJ Office who then forwards it to the home/demanding state Juveniles shall be returned by the home/demanding state within 5 business days of the receipt of the order granting the requisition * The purpose of the hearing is to determine proof of entitlement for the return of the juvenile. If proof of entitlement is not established, the judge shall issue written findings detailing the reason(s) for denial. Rule 6-103 Serving Juveniles While Protecting Communities

Other things to consider: Juveniles may be held for a maximum of 90 calendar days Duly accredited officers shall be permitted to transport juveniles through any and all states party to this Compact If the legal guardian or custodial agency in the home/demanding state is unable or refuses to initiate the requisition process, the home/demanding state’s appropriate authority shall initiate the process on behalf of the juvenile Rule 6-103 Serving Juveniles While Protecting Communities

Probation/parole escapees, absconders or accused delinquents who are in custody on a warrant shall be detained in secure facilities until returned by the demanding state The home/demanding state presents the court or appropriate authority the Form II: Requisition for Escapee, Absconder, or Accused Delinquent This shall be done within 60 days of notification of juvenile’s refusal to return voluntarily Rules 6-103A Serving Juveniles While Protecting Communities

Non-Voluntary Return of an Escapee, Absconder or Accused Delinquent The requisition shall be verified by affidavit and be accompanied by supporting documents: Judgement Order of Adjudication Order of Commitment Petition Alleging Delinquency Other affidavits and documents Judge signs Form II: Requisition for Escapee, Absconder, or Accused Delinquent See Rule 6-103A Serving Juveniles While Protecting Communities

Non-Voluntary Return of an Escapee, Absconder, or Accused Delinquent
The ICJ Office where the juvenile is located forwards requisition to court and requests hearing to be held within 30 calendar days The court in the holding state informs the juvenile of his/her return and he/she may elect to appoint counsel or guardian ad litem Orders concerning requisitions shall be forwarded immediately from the holding court to the holding state’s ICJ Office who then forwards it to the home/demanding state Juveniles shall be returned by the demanding state within 5 business days of the receipt of the order granting the requisition and shall be accompanied on their return * The purpose of the hearing is to determine proof of entitlement for the return of the juvenile. If proof of entitlement is not established, the judge shall issue written findings detailing the reason(s) for denial. Rule 6-103A Serving Juveniles While Protecting Communities

Non-Voluntary Return of an Escapee, Absconder or Accused Delinquent Other things to consider: Juveniles may be held for a maximum of 90 calendar days Juveniles shall be accompanied on their return to the demanding state unless both ICJ Offices determine otherwise Duly accredited officers shall be permitted to transport juveniles through any and all states party to this Compact Rule 6-103A Serving Juveniles While Protecting Communities

Non-Voluntary Returns: ICPC Recognition
ICJ recognizes the authority of the ICPC under Article V of the Interstate Compact for the Placement of Children and supports their authority to return ICPC youth who have run away from their out-of-state placement resulting in a demand for their return by the sending state. In the event a juvenile is held in a secure facility beyond twenty-four (24) hours (excluding weekends and holidays), the appropriate provisions of the ICJ Rules shall apply. See Rule 6-104 Serving Juveniles While Protecting Communities

Returns: Abuse and Neglect
The home/demanding state’s ICJ Office shall return all of its juveniles according to the methods in the ICJ Rules. Allegations of abuse or neglect do not alleviate a state’s responsibility to return a juvenile within the appropriate time frames States shall follow its procedures for reporting and investigating allegations of abuse or neglect See Rule 6-105 Serving Juveniles While Protecting Communities

Returns: Abuse and Neglect
Holding state suspects abuse or neglect by person in home/demanding state Holding state notifies home/demanding state Home/demanding state’s ICJ Office works with appropriate authority and/or court of competent jurisdiction in the home/demanding state See Rule 6-105 Serving Juveniles While Protecting Communities

Retaking Juveniles Serving Juveniles While Protecting Communities

New Violations in the Receiving State
Receiving state notifies sending state of violation within 10 business days Sending state shall respond with action to be taken within 10 business days of receipt of violation report If a juvenile is out of compliance at any time during supervision, the receiving state shall notify the sending state with a violation report within 10 business days 5-103: Reporting Juvenile Non-Compliance, Failed Placement and Retaking (Violations Rule) A violation report shall contain: The date of the new citation or technical violation that forms the basis of the violation; Description of the new citation or technical violation; Status and disposition, if any; Supporting documentation regarding the violation including but not limited to police reports, drug testing results, or any other document to support the violation; Efforts or interventions made to redirect the behavior; Sanctions if they apply; Receiving state recommendations. The sending state’s ICJ Office shall facilitate transportation of juvenile within 5 business days in accordance with rule when: A legal guardian remains in the sending state and the placement in the receiving state fails, or; A juvenile student transfer placement fails. If sending state decides to retake juvenile or retaking is mandatory, decision is conclusive and not reviewable by receiving state Sending state’s ICJ Office shall facilitate transportation of juvenile within 5 business days Rule 5-103 Serving Juveniles While Protecting Communities

Retaking “Retaking” The act of a sending state physically removing a juvenile, or causing to have a juvenile removed, from a receiving state The sending state has the authority at all times to enter a receiving state and retake a juvenile (unless there are pending charges in the receiving state). Retaking may apply to juveniles supervised under the ICJ, as well as juveniles return under the ICJ. Rule 5-103 Serving Juveniles While Protecting Communities

Home/Demanding/Sending State Holding/Receiving State
Retaking Responsibilities Home/Demanding/Sending State Establish authority of accredited officers Issue warrant if necessary Ensure no pending charges in receiving state Return juvenile within 5 business days Make transportation plans Incur cost of transportation Holding/Receiving State No bond or bail release for juveniles held on warrants Incur cost of detaining juvenile Transport juvenile to airport See Rules 5-103, 6-103, 7-101 Serving Juveniles While Protecting Communities

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 All warrants under ICJ jurisdiction shall be entered into the National Crime Information Center (NCIC) by the appropriate local law enforcement agency or other authorized agency in the issuing state. Holding states shall honor all lawful warrants as entered by other states and within the next business day notify the ICJ office in the home/demanding state that the juvenile has been placed in custody pursuant to the warrant. Within two (2) business days of notification, the home/demanding state shall inform the holding state whether the home/demanding state intends to have the juvenile returned. When the home/demanding state enters a warrant into NCIC as a "no bond/bail warrant" but the holding state's statutes allow for bond/bail on juvenile warrants, the holding state shall not release the juvenile in custodial detention on bond/bail. However, a juvenile subject to detention shall be afforded an opportunity for a hearing pursuant to ICJ Rule Rule 7-104 Serving Juveniles While Protecting Communities

Detention and Hearing on Failure to Return
The holding state’s court may discharge a juvenile to his/her legal guardian or designee if: The holding court determines further detention is not appropriate Rule 7-105: Detention and Hearing on a Failure to Return Where circumstances require the holding/receiving court to detain any juvenile under the ICJ, the type of secure facility shall be determined by the laws regarding the age of majority in the holding/receiving state. If a home/demanding/sending state is required to return a juvenile and fails to do so within ten (10) business days in accordance with these rules, a judicial hearing shall be provided in the holding state to hear the grounds for the juvenile’s detention. This hearing shall determine whether the grounds submitted justify the continued detention of the juvenile subject to the provisions of these rules. A juvenile may be discharged from detention to a legal guardian or his/her designee if the holding/receiving state’s court determines that further detention is not appropriate. See Rule 7-105 Serving Juveniles While Protecting Communities

Returning Juveniles: Transportation
The holding/receiving state transports the juvenile to airports/public transportation centers The holding/receiving maintains security until departure The home/demanding/sending state shall not use commercial ground transportation unless all other options have been considered or the juvenile is accompanied by an adult Rule 7-106: Transportation See Rule 7-106 Serving Juveniles While Protecting Communities

Returning Juveniles Via Airlines
The holding/receiving state ensures the juvenile has a picture I.D. and copies of applicable ICJ paperwork, appropriate due process documentation Rule 7-106: Transportation Home/demanding/sending states shall make every effort to accommodate the airport preferences of the holding/receiving state. Additionally, travel plans shall be made with consideration of normal business hours and exceptions shall be approved by the holding/ receiving state. Holding/receiving states shall not return to juveniles any personal belongings which could jeopardize the health, safety, or security of the juveniles or others (examples: weapon, cigarettes, medication, lighters, change of clothes, or cell phone). Holding/receiving states shall confiscate all questionable personal belongings and return those belongings to the legal guardians by approved carrier, COD or at the expense of the home/demanding/sending state (e.g., United States Postal Service, United Parcel Service, or Federal Express). In cases where a juvenile is being transported by a commercial airline carrier, the holding/receiving state shall ensure the juvenile has a picture identification card, if available, and/or a copy of the applicable ICJ paperwork or appropriate due process documentation in his/her possession before entering the airport. See Rule 7-106 Serving Juveniles While Protecting Communities

Returning Juveniles with Connecting Flights
Airport Supervision: All states provide supervision to unescorted juveniles at all airports Juveniles shall be supervised from arrival to departure Home/demanding/sending states shall provide 48 hours advance notice Rule 7-107: Airport Supervision All states shall provide supervision and assistance to unescorted juveniles at intermediate airports en route to the home/demanding/sending state. Juveniles shall be supervised from arrival until departure. Home/demanding/sending states shall give the states providing airport supervision a minimum of forty-eight (48) hours advance notice. In the event of an emergency situation including but not limited to weather, delayed flight, or missed flight, that interrupts or changes established travel plans during a return transport, the ICJ member states shall provide necessary services and assistance, including temporary detention or appropriate shelter arrangements for the juvenile until the transport is rearranged and/or completed. See Rule 7-107 Serving Juveniles While Protecting Communities

Travel Permits Serving Juveniles While Protecting Communities

Juveniles who have been
Travel Permits All Travel Permits shall be submitted prior to the juveniles travel. Travel permits shall be mandatory for the following juveniles traveling out-of-state for a period in excess of twenty-four (24) consecutive hours: Juveniles who have been adjudicated for: Sex-related offenses Violent offenses that have resulted in personal injury or death Offenses committed with a weapon Juveniles who are: State committed Juveniles who are testing supervision and subject to ICJ Juveniles returning to the sending state Juveniles transferring to subsequent state(s) Victim notification laws, policies and practices apply All travel permits shall be submitted prior to the juveniles travel. Travel permits shall be mandatory for the following juveniles traveling out-of-state for a period in excess of twenty-four (24) consecutive hours: a. Juveniles who have been adjudicated for: Sex-related offenses; Violent offenses that have resulted in personal injury or death; Offenses committed with a weapon Juveniles who are: state committed; Relocating pending a request for transfer of supervision, and who are subject to the terms of the Compact; Returning to the state from which they were transferred for the purposes of visitation Transferring to subsequent state(s) with the approval of the original sending state; Transferred and the victim notification laws, policies and practices of the sending and/or receiving state require notification Rule 8-101 Serving Juveniles While Protecting Communities

Travel Permits, cont. Maximum length: 90 calendar days Provided and received prior to juvenile movement Supervising state’s ICJ Office forwards Travel Permit to jurisdiction of visit Sending state responsible for meeting victim notification requirements in a timely manner Rule 8-101(2): Juveniles placed in residential facilities shall be excluded from this rule; however, states may elect to use the Travel Permit Form for notification purposes. Rule 8-101 Serving Juveniles While Protecting Communities

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 See ICJ Form VII: Travel Permit Rule 8-101 Serving Juveniles While Protecting Communities

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 Rule 8-101 Serving Juveniles While Protecting Communities

Liability and Immunity within the ICJ

Liability Webster defines liable as “Held legally 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 Serving Juveniles While Protecting Communities

Liability 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 Public employees are not immune from suit for failing to fulfill a ministerial act May be personally liable. For example, a probation plan that mandates a minimum of five meetings a month imposes a ministerial duty. Serving Juveniles While Protecting Communities

Types of Public Acts Discretionary Acts
The public employee has the freedom to exercise good judgment and care in carrying out an act Ministerial Acts The public employee is required by law to fulfill Discretionary Acts Defined with words like “may” and “can” These acts are not mandatory duties Ministerial Acts Defined most often by “shall” or “must” These acts impose a mandatory duty without regard to discretion Serving Juveniles While Protecting Communities

Special Judicial Interests

Judicial Sentencing Practices
The Revised ICJ should be viewed as a supervision transfer mechanism vs. the transfer of juvenile jurisdiction or disposition. 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 Judicial Sentencing Practices: - The Revised ICJ should be viewed as a supervision transfer mechanism vs. the transfer of juvenile jurisdiction or disposition. 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 Communities

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 Misconduct by a non-policymaking employee that is the result of training or supervision “so reckless or grossly negligent” that misconduct was “almost inevitable” or “substantially certain to result.” Vinson v. Campbell County Fiscal Court, 820 F.2d 194 (6th Cir. 1987). The existence of special custodial or other relationships created or assumed by the state in respect of particular persons. A “right/duty” relationship may arise with respect to persons in the state’s custody or subject to its effective control and whom the state knows to be a specific risk of harm to themselves or others. Additionally, state officials may be liable to the extent that their conduct creates a danger from which they fail to adequately protect the public. The foreseeability of an offender’s actions and the foreseeability of the harm those actions may create. Even in the absence of a special relationship with the victim, state officials may be liable under the “state created danger” theory of liability when that danger is foreseeable and direct. See, Green v. Philadelphia, 2004 U.S. App. LEXIS 4631 (3rd Cir. 2004). Negligent hiring and supervision in cases where the employer’s direct negligence in hiring or retaining an incompetent employee whom the employer knows, or by the exercise of reasonable care should have known, was incompetent or unfit, thereby creating an unreasonable risk of harm to others. See, Wise v. Complete Staffing Services, Inc., 56 S.W.3d 900, 902 (Tex. Ct. App.2001). The obligation of state officials to fulfill ministerial acts, which are not open to discretion, generally gives rise to liability. For example, an officer can be held liable for failing to execute the arrest of a probationer or parolee when there is no question that such an act should be done. Serving Juveniles While Protecting Communities

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 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 Reference ICJ By-laws ICJ By-laws Serving Juveniles While Protecting Communities

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 Judges may be subject to liability for administrative actions, i.e. employment decisions, and such liability may extend to federal civil rights law. Judicial Immunity is: - 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 4 42 U.S.C. 1983 Serving Juveniles While Protecting Communities

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) 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

Qualified Immunity A state official may be covered by qualified immunity where they: Carry out a statutory duty Act according to procedures dictated by statute and superiors, and 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 A state official may be covered by qualified immunity where they: Carry out a statutory duty Act according to procedures dictated by statute and superiors, and 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 Communities

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 (3rd Cir. 2008) 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 (3rd Cir. 2008) Serving Juveniles While Protecting Communities

Questions Serving Juveniles While Protecting Communities

Question #1 What gives the Interstate Compact for Juveniles its authority to regulate the interstate movement of juveniles? Crime Control Act, 4 U.S.C. Section 112 (1965): Authorizes the creation of compacts for cooperative efforts and mutual assistance in the prevention of crime. Congressional consent transforms the states’ agreement into federal law Serving Juveniles While Protecting Communities 94 94

Question #2 What if my state/jurisdiction has policies or laws that may potentially conflict with the ICJ and its rules? All compacting states’ laws conflicting with this compact are superseded to the extent of the conflict No court can order relief inconsistent with the purpose of the compact A state law that would conflict with or attempt to supersede the Revised ICJ would be unenforceable as either a Breach of contract and/or Violation of federal law Serving Juveniles While Protecting Communities 95 95

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? The ICJ is a binding contract with other member states & statutory law Article VII – The courts and executive agencies … shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact’s purposes and intent All courts shall take judicial notice of the compact and the rules Serving Juveniles While Protecting Communities 96 96

Question #4 Does the ICJ limit a judge’s ability to extradite a juvenile fugitive? The ICJ provides an alternative procedure to formal extradition proceedings States still have the constitutional right to formally extradite a juvenile Courts have held that an interstate compact authorized by Congress does not violate due process of law A juvenile is bound by the terms of the Revised ICJ and its rules A juvenile is subject to the alternative procedures provided in the Compact and its rules, not the provisions of the Uniform Criminal Extradition and Rendition Act (UCERA). Serving Juveniles While Protecting Communities 97 97

Contact Information Commission Chair Traci Marchand Executive Director Ashley H. Lippert General Counsel for ICJ Richard L. Masters, Esq. Serving Juveniles While Protecting Communities

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 40502 (859) (859) fax Serving Juveniles While Protecting Communities

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