Presentation on theme: "Interstate Compact for Juveniles, Title 16, Chapter 19 Idaho Code Judicial Training."— Presentation transcript:
Interstate Compact for Juveniles, Title 16, Chapter 19 Idaho Code Judicial Training
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
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
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
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 Commissioner’s absence
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 Governor’s Office Rep. Jennifer Poole Victim’s 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):
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
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
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
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
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)
Authority 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 5-101 15
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
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
Transferring Juvenile Sex Offenders 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 Serving Juveniles While Protecting Communities 18
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
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 state’s laws regarding the age of majority Serving Juveniles While Protecting Communities 20
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
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 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 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
Victim Notification Form Serving Juveniles While Protecting Communities 24
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 its supervising agency If a travel permit is issued, the sending state is responsible for victim notification Serving Juveniles While Protecting Communities 25
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 Serving Juveniles While Protecting Communities 26
Runaways 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 Serving Juveniles While Protecting Communities 27
Release of Non-delinquent Juveniles 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. Rule 6-101 Serving Juveniles While Protecting Communities 28
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.
30 Escapees 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.
31 Detaining 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.
32 Custodial 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
33 Juvenile 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
Juvenile Rights Form Serving Juveniles While Protecting Communities 35
36 Refusal to Return or Not in Custody 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 Serving Juveniles While Protecting Communities 37
38 Refusal to Return or Not in Custody Delinquent 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.
40 Refusal to Return Requisitioning 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.
41 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.
42 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 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 Serving Juveniles While Protecting Communities 43
UCERA Considerations The Uniform Criminal Extradition and Rendition Act (UCERA) can affect the procedures for returning a fugitive Several courts have recognized that an interstate compact is an appropriate alternative procedure –States may return individuals without complying with the UCERA Serving Juveniles While Protecting Communities 44
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 Serving Juveniles While Protecting Communities 45
Bail 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 Serving Juveniles While Protecting Communities 46
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 Serving Juveniles While Protecting Communities 47
Specific 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 Serving Juveniles While Protecting Communities 48
Negligent Supervision Some factors a court may consider in determining whether a state official is liable for negligent supervision are: –Misconduct –Existence of special custodial or other –The foreseeability of an offender’s actions –Negligent hiring and supervision The obligation to fulfill ministerial acts generally gives rise to liability Serving Juveniles While Protecting Communities 49
50Liability 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 Serving Juveniles While Protecting Communities
52 Legal References Interstate Commission for Juveniles –ICJ Rules, Advisory Opinions, Forms, Presentations, Manuals –Available at http://juvenilecompact.orghttp://juvenilecompact.org Interstate Compact for Juveniles –Idaho Code §16-1901 et seq. –Available at http://www.legislature.idaho.gov/http://www.legislature.idaho.gov/ Idaho Department of Juvenile Corrections –Forms. Council Minutes –Available at http://www.idjc.idaho.govhttp://www.idjc.idaho.gov