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

Interstate Compact for Juveniles,Interstate Compact for Juveniles, Title 16, Chapter 19 Idaho CodeTitle 16, Chapter 19 Idaho Code

Judicial TrainingJudicial Training

Serving Juveniles While Protecting Communities

Interstate Compact for JuvenilesInterstate 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

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Legal Status of Interstate Legal Status of Interstate CompactsCompacts

• 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.”


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Judicial Sentencing PracticesJudicial 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


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National StructureNational Structure

State StructureState Structure


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• 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

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Idaho ICJ State Council ContactsIdaho ICJ State Council Contacts

• Sharon HarrigfeldIdaho Compact Administrator

• Shawn Hill, ChairBingham Cnty. Juv. Prob.

• Hon. Denton DarringtonIdaho State Senator

• Shirley AlexanderIdaho Department of H&W

• Valerie HoybergGovernor’s Office Rep.

• Jennifer PooleVictim’s Advocate

• Erika Wainaina, AlternateIdaho Department of H&W

• Rep. Richard WillsIdaho State Representative

• Hon. John VehlowIdaho Senior Judge

• Barry BlackKootenai Cnty. Dep. Pros.

• John TriplettReg. 2 Juv. Det. Ctr.

• Andrew KiehlCanyon Cnty. Sheriff’s Office

• Steve Jett, Ex OfficioCanyon Cnty. Juv. Det. Cntr.

• Hon. John Varin, Alternate Member Idaho Senior Judge

Idaho Council on Interstate Juvenile Supervision (ICIJS):

Rulemaking AuthorityRulemaking 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


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Enforcement PowerEnforcement 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


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Authority to Regulate MovementAuthority 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


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Juveniles Covered by the ICJJuveniles 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


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Form IA/VI

Sending and Receiving ReferralsSending and Receiving Referrals

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ReferralsReferrals

• 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)

Authority to Accept/Deny SupervisionAuthority to Accept/Deny Supervision

• Only ICJ Administrator or designee can authorize or deny supervision– Administrator’s/designee’s 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 juvenile’s age or offense

Rule 5-101Rule 5-101

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Acceptance of CasesAcceptance 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

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Active Supervision in ReceivingActive Supervision in Receiving StateState

• 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

Transferring Juvenile Sex Transferring Juvenile Sex OffendersOffenders• 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)

• 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


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Jurisdiction and the ICJ Jurisdiction and the ICJ Cooperative Supervision/Services RequirementsCooperative 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



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Jurisdiction and the ICJ Jurisdiction and the ICJ Authority to Arrest or DetainAuthority 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 state’s laws regarding the age of majority


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New Violations in the Receiving New Violations in the Receiving StateState

• 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


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Closure of Cases (Rule 4-106)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 state’s 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.

Victim NotificationVictim 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



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Victim Notification Form


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Mandatory Use of Travel PermitsMandatory 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 its supervising agency

• If a travel permit is issued, the sending state is responsible for victim notification


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What Situations Require the Return of a Juvenile?What Situations Require the Return of a Juvenile?

• Circumstances where:– A non-delinquent juvenile runs away– A juvenile is an escapee, absconder, or accused of

being delinquent and flees to another state– A juvenile under supervision has a failed

placement


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Runaways and the ICJRunaways and the ICJ

• A runaway is defined as– A child under the juvenile jurisdictional age limit established

by the state, who has run away from his/her place of residence, without the consent of the parent, guardian, person, or agency entitled to his/her legal custody

• The Compact provides procedures for returning runaways to the state where the parent or legal guardian reside


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Release of Non-delinquent Release of Non-delinquent Juveniles to Parent/GuardianJuveniles to Parent/Guardian

• Authorities may release a juvenile to their parent/legal guardian within the first 24 hours (excluding weekends & holidays) without applying Rule 6-102

– Except where instances of abuse/neglect is suspected

• Authorities shall contact the holding state’s ICJ Office if the juvenile remains in custody beyond 24 hours

• Runaways who are endangering themselves or others held beyond 24 hours shall be held in secure facilities until returned by the home/demanding state.

• Challenges to OJJDP’s Policy on Secure Detention of Runaways have not been successful.



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Suspected Abuse/Neglect• When a holding state has reason to suspect abuse or neglect by a

parent/legal guardian or others in the home of a runaway juvenile, the holding state’s ICJ Office shall notify the home/demanding state’s ICJ Office of the suspected abuse or neglect.

• The home/demanding state’s ICJ Office shall work with the appropriate authority and/or court of jurisdiction in the home/demanding state to effect the safe return of the juvenile.

• Voluntary Return of runaways who allege abuse or neglect: The Form III must indicate who will be assuming responsibility for the juvenile if the juvenile will not be returning to a parent or legal guardian.

• Non-voluntary Return of runaways who allege abuse or neglect; If the appropriate authorities in the home/demanding state determine that the juvenile will not be returning to a parent or legal guardian, the requisition process shall be initiated by the home/demanding state’s appropriate authority and/or court of jurisdiction in accordance with Rule 6-103.

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Escapees and AbscondersEscapees and Absconders• Warrant must be entered into NCIC pursuant to Rule

6-108.– Nationwide system

• When juvenile is detained on warrant, demanding state has two days to decide if juvenile will be returned. (Rule 6-108)

• Juvenile to be held in secure detention.

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Detaining Juveniles Under the ICJDetaining Juveniles Under the ICJ

• Juveniles from another state may be picked up and detained by law enforcement:– Upon committing a status offense (i.e.: runaway,

curfew, etc).– Upon committing a criminal offense.– Pursuant to a valid warrant issued by any state.

• Juveniles must be held in secure facility pending return – should not be an adult facility unless juvenile is over the age of 18.– However, even if over the age of 18, the juvenile

must still be processed under the ICJ.

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Custodial DetentionCustodial Detention• ICJ Office in home state will return juvenile within 5 business

days– After confirmation that due process rights have been met– Time period may be extended with approval both ICJ

Offices• Holding state liable for costs of detaining juvenile unless

– ICJ Office in home state is non-responsive within the 5 business day period

• If after 10 business days the home state fails to return juvenile– A judicial hearing will be provided – The juvenile may be discharged to parent/legal guardian if

holding state fails to provide hearing in 10 days Rule 6-109

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Juvenile Voluntary ReturnJuvenile Voluntary Return• Form III – Voluntary Consent to Return

– Due Process Form for juveniles consenting to voluntarily return

– Guardian Ad Litem appointed, if required– Juvenile is informed of his/her rights by a judge

with juvenile jurisdiction– Juvenile signs– Judge signs and upon advice, orders how the

juvenile is to be returned to the home/demanding state (accompanied or unaccompanied)

– Guardian Ad Litem signs, if appointed– Complete the physical and clothing description

Form III

Juvenile Rights Form


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Refusal to Return or Not in Refusal to Return or Not in Custody Non-Delinquent JuvenilesCustody Non-Delinquent Juveniles

• The requisition process for non-delinquent runaways who refuse to return requires the custodial parent/legal guardian to file a petition in a court of juvenile jurisdiction in the home state. The juvenile may be in custody and is refusing to return or the juvenile’s whereabouts are known but he/she is not in custody.

• If the judge in the demanding court agrees that the petitioner is entitled to the juvenile’s custody, the judge signs ICJ Form I which is forwarded to the holding state.

• Holding state schedules a hearing.

• Holding state orders juvenile to be picked up and then a hearing held.

Form I


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Refusal to Return or Not in Refusal to Return or Not in CustodyCustodyDelinquentDelinquent Juveniles Juveniles

• Requisitions for Escapee, Absconder or Juvenile Charged as Delinquent are filed by the probation/parole officer.

• Must prove entitlement, e.g., probation or commitment order, warrant/violation from court.

• A juvenile warrant must show in NCIC in order for the juvenile to be picked up and detained.

• Once detained, holding state schedules a hearing.

Form II

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Refusal to Return Refusal to Return Requisitioning JuvenilesRequisitioning Juveniles

• Judge in holding state determines whether requisition is in compliance and orders juvenile released or back to demanding state (if released, must be to parent/guardian).

• If a requisition is sent, demanding state MUST return the juvenile.

• Requisitions must be accurately and timely filed.• During the requisition process, juveniles are held in

secure facility– May not be an adult facility unless over 18– Holding state cannot be reimbursed for housing

youth.

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How Does the Juvenile get Home?How Does the Juvenile get Home?

• Demanding state has 5 working days to effect juvenile’s return.

• Demanding state is responsible for travel costs. (Rule 6-105)

• In the event of an emergency situation that interrupts or changes travel plans during a return transport, the ICJ member states shall provide necessary services and assistance, including temporary detention or shelter.

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How Does the Juvenile get Home?How Does the Juvenile get Home?• Requisitioned juveniles are to be accompanied in their

return to the home state unless both ICJ Offices determine otherwise. (Rule 6-103.12)

• Juveniles who are considered a danger to him/herself and/or others must be returned by escort. (Rule 6-106)

• Juveniles who are not considered a danger are eligible to return via commercial airliner by themselves. Airport supervision services can be accessed at most major airports to help ensure the safe return of these juveniles.

• The ICJ office in the home state coordinates airport supervision services during flights with other states as needed. (Rule 6-111)

Waiver of ExtraditionWaiver of Extradition• ICJ Form IA/VI serves as the waiver concerning return

or extradition– If signed, no further court procedures will be required for the

juvenile’s return – All applications for transfer must include a Form IA/VI

• A sending state has authority to enter a receiving state and retake a juvenile– Subject to certain requirements

• Challenges to similar waiver provisions in other compacts have not been successful


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UCERA ConsiderationsUCERA Considerations• The Uniform Criminal Extradition and Rendition Act

(UCERA) can affect the procedures for returning a fugitive

• Several courts have recognized that an interstate compact is an appropriate alternative procedure – States may return individuals without complying with the

UCERA


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Retaking and Failed Placements Retaking and Failed Placements

• Officers of a sending state are authorized to enter any member state to retake a juvenile– Unless the juvenile is suspected of having committed an offense/

act of juvenile delinquency • The sending state may not retake the juvenile without prior

consent from authorities in the receiving state

• Officers need only establish their authority and the identity of the juvenile

• The receiving state shall honor any warrant – The sending state returns the juvenile within five (5) business days

upon receiving notice of the failed placement


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Bail Considerations in the ICJBail Considerations in the ICJ

• All warrants must be entered into the National Crime Information Center (NCIC) in order for another state to pick up juvenile– Holding state honors all 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 demanding state has up to two (2) business days to decide if to return the juvenile

• “No bond/bail warrants”– Juvenile remains in custodial detention regardless of individual

state statute– Juvenile to be held in secure detention– Juvenile does have opportunity for a hearing


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Hearings Hearings

• U.S. Supreme Court cases may affect the process for return of juveniles– See, e.g., Morrissey v. Brewer, 408 U.S. 471 (1972); Gagnon

v. Scarpelli, 411 U.S. 778 (1973); Carchman v. Nash, 473 U.S. 716 (1985).

• Under the Revised ICJ Rules, a state is not obligated to provide counsel in circumstances of revocation or retaking

• In a requisition hearing to effect the return of a juvenile, the Court may appoint counsel or a guardian ad litem


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Specific Hearing ConsiderationsSpecific Hearing Considerations

• Where there is no danger that the sending state will revoke the juvenile’s supervision, the juvenile is not entitled to a probable cause (PC) hearing

• A juvenile must be afforded a PC hearing where– Retaking is for a purpose other than the commission of a

new felony offense and– Revocation of conditional release by the sending state is

likely

• A variety of persons can fulfill the requirement of a neutral and detached authority – Officials qualified to handle revocation proceedings may

preside over PC hearings in the receiving state


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Negligent SupervisionNegligent 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


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LiabilityLiability

• Liable is defined by Webster as “Legally obligated; responsible…”

• All Compact member states can be held liable for circumventing or violating the ICJ rules

• There is a legal obligation to follow and enforce the ICJ rules as written


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ICJ Office for IdahoICJ Office for Idaho• ICJ Contacts

– Sharon Harrigfeld, Commissioner (208) 577-5406 [email protected]

– John Vehlow, Sr. Judge (208) 870-6507 [email protected]

• Support staff– Alicia Ehlers, DCA (208) 577-5406

[email protected]– Jen Baer, Assistant (208) 577-5405

[email protected]– Karin Magnelli, DAG (208) 577-5422

[email protected]

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Legal ReferencesLegal References

• Interstate Commission for Juveniles– ICJ Rules, Advisory Opinions, Forms, Presentations, Manuals– Available at http://juvenilecompact.org

• Interstate Compact for Juveniles– Idaho Code §16-1901 et seq.– Available at http://www.legislature.idaho.gov/

• Idaho Department of Juvenile Corrections– Forms. Council Minutes– Available at http://www.idjc.idaho.gov

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

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