interstate compact for juveniles, title 16, chapter 19 idaho code judicial training

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Interstate Compact for Juveniles, Title 16, Chapter 19 Idaho Code Judicial Training Slide 2 Serving Juveniles While Protecting Communities Interstate Compact for Juveniles Written in 2000, enacted in 2008 Law in 49 states/territories (only nonmember Georgia) Ensures effective monitoring of juveniles moving across state lines Is the only legal process for returning runaways Promotes public safety Every jurisdiction in each member state is subject to the ICJ rules The Commission has rulemaking authority which has force and effect of federal law 2 Slide 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 the Compact and its rules ICJ ART. VI B. All rules and amendments shall become binding as of the date specified ICJ ART. VII A. 2. All courts shall take judicial notice of the compact and the rules. Serving Juveniles While Protecting Communities 3 Slide 4 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 Communities 4 Slide 5 National Structure Slide 6 State Structure Serving Juveniles While Protecting Communities 6 Provides a mechanism for empowerment of Compact process Assists in developing Compact policy Determines qualifications for membership on Council Appoints designee in Commissioners absence Slide 7 7 Idaho ICJ State Council Contacts Sharon Harrigfeld Idaho Compact Administrator Shawn Hill, Chair Bingham Cnty. Juv. Prob. Hon. Denton Darrington Idaho State Senator Shirley Alexander Idaho Department of H&W Valerie Hoyberg Governors Office Rep. Jennifer Poole Victims Advocate Erika Wainaina, Alternate Idaho Department of H&W Rep. Richard Wills Idaho State Representative Hon. John Vehlow Idaho Senior Judge Barry Black Kootenai Cnty. Dep. Pros. John Triplett Reg. 2 Juv. Det. Ctr. Andrew Kiehl Canyon Cnty. Sheriff s Office Steve Jett, Ex Officio Canyon Cnty. Juv. Det. Cntr. Hon. John Varin, Alternate Member Idaho Senior Judge Idaho Council on Interstate Juvenile Supervision (ICIJS): Slide 8 Rulemaking Authority All lawful actions of the Commission are binding upon the compacting states The Compact authorizes the Commission to adopt binding rules Any state law that conflicts with the Compact would be unenforceable as either A breach of contract and/or A violation of federal law Serving Juveniles While Protecting Communities 8 Slide 9 Enforcement Power Courts and executive agencies must enforce the Compact and its rules. See, Art. VII A(2) The Interstate Commission for Juveniles enforces compliance through: Remedial training and technical assistance Alternative dispute resolution, including mediation or arbitration Fines Suspension or termination from the Compact Legal enforcement Serving Juveniles While Protecting Communities 9 Slide 10 Authority to Regulate Movement Juveniles enjoy reduced freedom of movement due to Their legal status Constitutionally protected interests of their parents An un-emancipated minor does not have the right to freely come and go at will Conditional release is a privilege Not guaranteed by the Constitution A matter of pure discretion of sentencing or corrections authorities Serving Juveniles While Protecting Communities 10 Slide 11 Juveniles Covered by the ICJ The Compact applies to all juveniles subject to some form of supervision and fall into one of the following categories: Accused Delinquent Adjudicated Delinquent Accused Status Offender Adjudicated Status Offender Non-Offender The term juvenile means any person defined as a such in any member state Serving Juveniles While Protecting Communities 11 Slide 12 Form IA/VI Slide 13 Sending and Receiving Referrals Slide 14 14Referrals Referrals should be sent as far in advance as possible. Parolees should not advance to the receiving state without approval from that state Sexual offenders also need prior approval. Until the receiving state accepts supervision, the sending state is responsible for the juvenile, even if the juvenile has already moved. Supervision fees are not to be imposed by either state on juveniles subject to the ICJ. (Rule 4-104.4) Slide 15 Authority to Accept/Deny Supervision Only ICJ Administrator or designee can authorize or deny supervision Administrators/designees signature is required on Home Evaluation Report Supervision may be denied if: The home evaluation indicates that the proposed placement is unsuitable or The juvenile is not in substantial compliance with the terms/conditions of supervision required by either state The receiving state cannot deny a supervision case based solely on the juveniles age or offense Rule 5-101 15 Slide 16 Acceptance of Cases 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 The sending state must provide reporting instructions within five (5) business days upon receipt of acceptance of supervision Rule 5-101 16 Slide 17 17 Active Supervision in Receiving State Receiving state assumes the duties of visitation and supervision over any juvenile. Supervision fees are NOT applicable under the Compact. Sending state is financially responsible for treatment services ordered by the court when they are not available through the supervising agency in the receiving state or cannot be obtained via Medicaid, private insurance, or other payor. Age of majority and duration of supervision are determined by the sending state. Rule 4-104 Slide 18 Transferring Juvenile Sex Offenders Juvenile sex offenders (JSOs) shall not travel to the receiving state until: The sending states request for transfer is approved; or The receiving state issues reporting instructions Unless an emergency exists as defined by Rule 4-103(2) Home evaluations for JSOs must ensure compliance with local policies or laws Proposed placement may be denied if deemed unsuitable Must abide by the registration laws of the receiving state Travel permit must be provided to the receiving state 48 hours prior to departure Serving Juveniles While Protecting Communities 18 Slide 19 Jurisdiction and the ICJ Cooperative Supervision/Services Requirements Once the receiving state accepts supervision, it assumes the duties of visitation/supervision of juveniles under ICJ The receiving state must follow same standards that prevail for its own juveniles under supervision The receiving state must provide quarterly progress reports Additional reports sent when specific concerns arise Rule 4-104 Rule 4-104 Serving Juveniles While Protecting Communities 19 Slide 20 Jurisdiction and the ICJ Authority to Arrest or Detain Both the sending and receiving states shall have the authority to enforce the terms of probation/parole. 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 1-2010 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 states laws regarding the age of majority Serving Juveniles While Protecting Communities 20 Slide 21 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 that state without violating or interfering in the jurisdiction of the sending state Officials in a receiving state have two possible courses of action: Demand that the sending state return the juvenile or Advise the sending state that they intend to proceed with new charges Serving Juveniles While Protecting Communities 21 Slide 22 22 Closure of Cases (Rule 4-106) The sending state has sole authority to discharge/terminate supervision of its juveniles, EXCEPT, the receiving state may close without sending states concurrence when: The juvenile moves from the jurisdiction, or The juvenile receives an adult sentence longer than the juvenile sentence. The receiving state may request that a juvenile be released from probation or parole but may not close until the sending state concurs. Slide 23 Victim Notification Victim notification requirements are the responsibility of the sending state in accordance with its own laws and policies The sending state requests all information necessary to fulfill victim notification requirements and can request help from the receiving state The receiving state shall respond to requests from the sending state throughout the duration of the supervision period Rule 4-107 Serving Juveniles While Protecting Communities 23 Slide 24 Victim Notification Form Serving Juveniles While Protecting Communities 24 Slide 25 Mandatory Use of Travel Permits Travel permits are 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 Travel Permits are required for visits longer than 48 hours and less than 90 days and require the juvenile to return to the sending state For periods longer than 30 days, the sending state shall require the juvenile to maintain contact with