1. 2018 Rule Amendments Training
Rule Amendments Effective - March 1, 2018
Welcome and Overview

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Chat questions to: Host and Presenter

3. 2018 Rule Amendments Training
Effective March 1, 2018

4. Rule 1-101 Definitions: Deferred Adjudication
Deferred Adjudication: a court decision made by a court at any point after the filing of a juvenile delinquency or status complaint that withholds or defers formal judgment and stipulates terms and/or conditions of supervision and are eligible for transfer.
Rule amended for clarity to better define the term
as it applies to ICJ

5. Rule 1-101 Definitions: Non-Adjudicated Juveniles
Defining the term indicates non-adjudicated juveniles are eligible for ICJ supervision. Non-adjudicated juveniles are not subject to the Compact under the ICJ Rules Section 400; therefore, defining the term is not necessary.
Non-Adjudicated Juveniles: all juveniles who are under juvenile court jurisdiction as defined by the sending state, and who have been assigned terms of supervision and are eligible for services pursuant to the provisions of the Interstate Compact for Juveniles.
The term Non-Adjudicated Juveniles was rescinded and removed from the ICJ Rules in its entirety.

6. Rule 1-101 Definitions: Runaways
To clarify that runaways can include non-adjudicated and non-status offender juveniles.
Runaways: persons within the juvenile jurisdictional age limit established by the home state who have voluntarily left their residence without permission of their legal guardian or custodial agency but who may or may not have been adjudicated.

7. Question 1
Are non-adjudicated juveniles subject to supervision under the Compact?

8. Answer 1
No.
However, non-adjudicated “runaway” juveniles are returned via the Compact.

9. Rule 2-103:
Adoption of Rules and Amendments
10. Upon determination that an emergency exists, the Commission may promulgate an emergency rule or amendment that shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. An emergency rule or amendment is one that must shall be made effective immediately in order to:
Meet an imminent threat to public health, safety, or welfare;
b. Prevent a loss of federal or state funds; or
c. Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or .
d. Protect human health and the environment.
Paragraph 10 shall is the appropriate term rather than must
Paragraph 10(d) was deleted as it is repetitive to the language in 10(a).

10. Rule 2-104: Communication Requirements Between States
2. Communication may occur between local jurisdictions with the prior approval of the ICJ Offices in both states. A summary of communication must shall be provided to the ICJ Office and documented in the electronic data system.
Rule amended for clarity and consistency.
Paragraph 2 – shall is the appropriate term rather than must.
Shall is the appropriate term rather than must

11. Rule 2-105: Victim Notification
2. When the sending state will require the assistance of the supervising person in the receiving state to meet these requirements, the sending officer shall clearly document such in the initial packet using the Victim Notification Supplement Form. The Victim Notification Supplement Form shall include the specific information regarding what will be required and the timeframes for which it must shall be received.
Rule amended for clarity and consistency.
Paragraph 2 – shall is the appropriate term rather than must.

12. Request for Juvenile Information
New Rule 2-106:
Request for Juvenile Information
Upon request by a member state ICJ Office, other member state ICJ Offices may share information regarding a juvenile who crosses state lines to determine if they are or may be subject to the ICJ
A new rule proposed to address in the rules requests for information regarding a juvenile who may be subject to the compact.

13. Question 2
With prior approval of both state Compact offices, a summary of local jurisdiction communications . . .
Must be provided to the ICJ office and documented in JIDS.
Shall be provided to the ICJ office and documented in JIDS.
Is not addressed in the rules, but a good business practice.

14. Shall be provided to the ICJ office and documented in JIDS.
Answer 2 B.
Shall be provided to the ICJ office and documented in JIDS.

15. Sending and Receiving Referrals
Rule 4-102
Sending and Receiving Referrals
2. The sending state shall maintain responsibility until supervision is accepted by, and the juvenile has arrived in, the receiving state.
a. State Committed (Parole) Cases – When transferring a juvenile parolee, the sending state shall not allow the juvenile to transfer to the receiving state until the sending state’s request for transfer of supervision has been approved, except as described in 4-102
(2)(a)(ii).
The new language was added for clarity within the Rules paragraph 2 regarding State Committee (Parole) cases.
Clarify the expectation that supervision has been approved prior to
arrival.

16. Sending and Receiving Referrals
Rule 4-102
Sending and Receiving Referrals
3. The sending state shall forward additional documentation, if available, at the request of the receiving state. The receiving state shall not delay the investigation pending receipt of the additional documentation. If the juvenile is already residing in the receiving state, the receiving state shall obtain the juvenile’s signature on the Form IA/VI Application for Services and Waiver.
Clarify what constitutes the completion of the Form IA/VI by adding exception language in the rules that the juvenile’s signature may be left blank when the juvenile has already relocated

17. Authority to Accept/Deny Supervision
Rule 4-104
Authority to Accept/Deny Supervision
6. If the transfer of supervision in the receiving state is denied, the sending state shall make transportation arrangements for the return of it’s the juvenile within five (5) business days. This time period may be extended up to an additional five (5) business days with approval from both ICJ offices.
Clarify and consistency regarding the notification and return within five business days and to clarify that the time frame refers to the return not the arranging of travel.

18. Juvenile is already in the receiving state
Question 3
Receiving states shall obtain the juvenile’s signature on the Form IA/VI when:
Juvenile is already in the receiving state
Juvenile’s parent/legal guardian remains in the sending state
All else fails

19. Juvenile is already in the receiving state
Answer 3
Juvenile is already in the receiving state

20. Reporting Juvenile Non-Compliance, Failed Supervision and Retaking
Rule 5-103
Reporting Juvenile Non-Compliance,
Failed Supervision and Retaking
2. The sending state shall respond to a violation report in which a revocation or discharge is recommended of a violation made by the receiving state no later than ten (10) business days following receipt by the sending state. The response shall include the action to be taken by the sending state, which may include continue supervision, and the date that action will occur.
Clarify that there be a response when a revocation or discharge is being recommended.

21. Reporting Juvenile Non-Compliance, Failed Supervision and Retaking
Rule 5-103
Reporting Juvenile Non-Compliance,
Failed Supervision and Retaking
3.d. The sending state shall return the juvenile in a safe manner, pursuant to the ICJ Rules, within five (5) business days. This time period may be extended up to an additional five (5) business days with the approval from both ICJ Offices.
e. The officer of the sending state shall be permitted to transport delinquent juveniles being returned through any and all states party to this Compact, without interference.
3(d) consistent language.
3(d) This action aligns to the re-organization of the rules approved in 2015 that rules regarding both Sections 500 and 600 into one place rather than inclusion in both places.
3(d) amended to be consistent with the return within five business day’s language in other sections of the rules.
3(e) moved to Section 700

22. Reporting Juvenile Non-Compliance, Failed Supervision and Retaking
Rule 5-103
Reporting Juvenile Non-Compliance,
Failed Supervision and Retaking
4. Upon request from the receiving state, the sending state’s ICJ Office shall facilitate transportation arrangements for the return of the juvenile(s) within five (5) business days in accordance with these rules when:
b. The juvenile is not residing with a legal guardian and that person requests the juvenile be removed from his/her home. The sending state shall secure alternative living arrangements within five (5) business days or the juvenile shall be returned. This time period may be extended up to an additional five (5) business days with the approval from both ICJ Offices.
New language consistent with the language as proposed in Rule 4-104
Language removed to clarify that the time frame refers to the return NOT the travel arrangements.

23. Rule 5-104
Closure of Cases
6. The receiving state may close the supervision case upon notification that the juvenile has been admitted to a residential facility for a planned stay in excess of ninety (90) calendar days. Upon release from the facility, if the juvenile remains on supervision within the sending state and meets eligibility requirements, the sending state shall submit a new referral.
New paragraph adds clarity that receiving states may
close a supervision case when the juvenile is admitted for a long term
stay (90+ days) in a residential facility. Additionally the rule addresses how to reopen supervision upon the juvenile’s release.

24. Question 4
Sending states shall respond to a violation report in which a revocation or discharge is recommended within:
5 business days
10 business days
30 calendar days

25. Answer 4
(b) 10 business days

26. Question 5
How many days constitutes a long term stay in a residential facility to warrant case closure:
90 days
3 months
90 calendar days

27. Answer 5
(c) 90 calendars days

28. Non-Voluntary Return of Runaways and/or Accused Status Offenders
Rule 6-103
Non-Voluntary Return of Runaways and/or Accused Status Offenders
3. When the juvenile is a runaway and/or an accused status offender, the legal guardian or custodial agency must shall petition the court of jurisdiction in the home/demanding state for a requisition. When the juvenile is already in custody, this shall be done within sixty (60) calendar days of notification of the juvenile’s refusal to voluntarily return.
Amended for clarity and consistency – shall is the appropriate term
rather than must.

29. Non-Voluntary Return of Runaways and/or Accused Status Offenders
Rule 6-103
Non-Voluntary Return of Runaways and/or Accused Status Offenders
10 The duly accredited officers of any compacting state, upon the establishment of their authority and the identity of the juvenile being returned, shall be permitted to transport such juvenile through any and all states party to this Compact, without interference.
The information was relocated to Section 700.
This action aligns to the re-organization of the rules approved in 2015 that rules regarding both Sections 500 and 600 into one place rather than inclusion in both places.
The information was relocated to Section 700.

30. Non-Voluntary Return of Escapee, Absconder or Accused Delinquent
Rule 6-103A
Non-Voluntary Return of Escapee, Absconder or Accused Delinquent
Requisitioned juveniles shall be accompanied in their return to the demanding state unless both ICJ Offices determine otherwise. Juveniles shall be returned by the demanding state within five (5) business days of the receipt of the order granting the requisition. This time period may be extended up to an additional five (5) business days with approval from both ICJ Offices.
Amended to be consistent with the return within five business days language in other sections of the rules.

31. Non-Voluntary Return of Escapee, Absconder or Accused Delinquent
Rule 6-103A
Non-Voluntary Return of Escapee, Absconder or Accused Delinquent
10. The duly accredited officers of any compacting state, upon the establishment of their authority and the identity of the juvenile being returned, shall be permitted to transport such juvenile through any and all states party to this Compact, without interference.
The information was relocated to Section 700.
This action aligns to the re-organization of the rules approved in 2015 that rules regarding both Sections 500 and 600 into one place rather than inclusion in both places.
The information was relocated to Section 700.

32. Question 6
True or False?
Juveniles shall be returned by the demanding state within 5 business days of the receipt of the order granting the requisition.

33. Answer 6
True.
However, the time frame may be extended an additional 5 business days with approval from both ICJ Compact offices.

34. Financial Responsibility
Rule 7-101
Financial Responsibility
1. The home/demanding/sending state shall be responsible for the costs of transportation, for making transportation arrangements and for the return of juveniles within five (5) business days of being notified by the holding state's ICJ Office that the juvenile's due process rights have been met. This time period may be extended up to an additional five (5) business days with the approval from both ICJ Offices.
Amended to be consistent with the return within five business days language in other sections of the rules.

35. Financial Responsibility
Rule 7-101
Financial Responsibility
2. The holding state shall not be reimbursed for detaining or transporting juveniles unless the home/demanding/sending state fails to effect the return of its juveniles accordance with these rules.
Amended for clarity that the holding states are not eligible for reimbursement for the cost of transporting juveniles.

36. Charges Pending in Holding/Receiving State
Rule 7-103
Charges Pending in Holding/Receiving State
Juveniles shall be returned only after charges are resolved when pending charges exist in the holding/receiving states unless with the consent is given by of the holding/receiving and demanding/sending states’ courts and ICJ Offices. or after charges are resolved when pending charges exist in the holding/receiving states.
Amended to provide that charges be resolved unless both states’ courts and ICJ Offices consent to the return.

37. Rule 7-104
Warrants
All warrants issued for juveniles subject to the Compact under ICJ jurisdiction shall be entered into the National Crime Information Center (NCIC) with a nationwide pickup radius with no bond amount set.
Holding states shall honor all lawful warrants as entered by other states and shall, no later than within the next business day, notify the ICJ Office in the home/demanding/sending state that the juvenile has been placed in custody pursuant to the warrant. Upon notification, the home/demanding/sending state shall issue a detainer or provide a copy of the warrant to the holding state.
Amended for clarity regarding the jurisdiction and location.

38. Rule 7-104
Warrants
3. Within two (2) business days of notification, the home/demanding/sending state shall inform the holding state whether the home/demanding/sending state intends to withdraw the warrant have the juvenile returned. Withdrawal of the warrant does not negate the home/demanding/sending state’s responsibility to return the juvenile under other applicable rules.
Amended for clarity. Language was misleading regarding the return of a juvenile when a warrant is issued.

39. Rule 7-106
Transportation
7. The duly accredited officers of any compacting state, upon the establishment of their authority and the identity of the juvenile being returned, shall be permitted to transport
such juvenile through any and all states party to this Compact, without interference.
This action aligns to the re-organization of the rules approved in 2015 that rules regarding both Sections 500 and 600 into one place rather than inclusion in both places.
The information regarding the authority to transport juveniles through any and all states party to this Compact without interference relocated here.

40. Question 7
True or False?
Section 700 of the ICJ Rules houses rules applicable to both supervision and returns.

41. Answer 7
True.
In 2015 the ICJ rules were reorganized and rather than duplicate the rules in both sections 500 and Section 700 was added to house the rules that appy to both.

42. Rule 8-101 Travel Permits Rule continued on the next slide
1. 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 who meet the criteria set forth in 1(a) or 1(b):
a. Juveniles who have been adjudicated and are on supervision
for one of the following:
i. sex-related offenses;
ii. violent offenses that have resulted in personal injury or
death; or
iii. offenses committed with a weapon;.

43. Rule 8-101 Travel Permits b. Juveniles who are one of the following:
i. state committed;
ii. relocating pending a request for transfer of supervision,
and who are subject to the terms of the Compact;
iii. returning to the state from which they were transferred for
the purposes of visitation;
iv. transferring to a subsequent state(s) with the approval of the
original sending state; or
v. transferred and the victim notification laws, policies and
practices of the sending and/or receiving state require
notification.
Paragraph 1 amended to clarify the juvenile has to meet either (a) or (b);
not both.

44. Rule 8-101
Travel Permits
2. Juveniles traveling to placed in a residential facilityies for placement shall be excluded from this rule; however, states may elect to use the Form VII Out-of-State Travel Permit and Agreement to Return for notification purposes.
Paragraph 2 amended to clarify the juvenile is going to a residential facility.

45. Question 8
Is the Travel Permit Form required for juveniles traveling to residential treatment facilities?

46. However, states may elect to use the
Answer 8
No.
However, states may elect to use the
Travel Permit Form for notification purposes.

47. Conclusion
Q & A

48. Survey and Completion Certificate
Contact Information
ICJ National Office
836 Euclid Avenue ~ Suite 322
Lexington KY
(859)
Survey and Completion Certificate
For further questions you may
Jeff Cowger -
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Anne Connor -