Topics Interstate Compact for Juveniles (ICJ) NC District Court - PDF document

11/3/2015 Topics Interstate Compact for Juveniles (ICJ) NC District Court Judges Summer Conference Wrightsville Beach, NC • The Law • Old Compact (Art. 28 of Ch. 7B) LaToya Powell • Revised ICJ (Art. 40 of Ch. 7B) June 18, 2014 • Who’s Covered? • Rules and Procedures • Transfer of Supervision • Return of Runaways • Return of Other Out-of-State Juveniles The Law ICJ Rules “Revised” ICJ • Promulgated by Interstate Commission – Est. 2008 • Resources: – Article 40 of Ch. 7B • no specific rules or procedures – http://www.juvenilecompact.org • only purposes, definitions, • and role of Interstate Commission for Juveniles • ICJ Rules • Directory of ICJ Officials (by State) – Replaces “Old” Compact • Art. 28 of Ch. 7B (for contingent repeal) • Forms • Bench Book – Adopted by all states – “Quick Reference Guide” (pp. 11 -27) • GA was last to sign; effective 7/1/14 Who’s Covered? ICJ Officials in NC Commissioner (main contact) Administrative Assistant Revised ICJ applies to: Traci Marchand Rachel Johnson (919) 716-3145 (919) 324-6409 1. Runaways who run to or from NC, traci.marchand@ncdps.gov rachel.johnson@ncdps.gov 2. Juveniles who are “adjudicated delinquents” Deputy Compact Admin. Administrative Assistant or “adjudicated status offenders” in one state Stephen Horton Denise Barrs and need to be supervised in a different state, (919) 733-3388 (919) 324-6407 stephen.horton@ncdps.gov denise.barrs@ncdps.gov 3. Juveniles who are “accused delinquents” or “accused status offenders” in one state and are located in a different state. 1

11/3/2015 Definition of “Juvenile” Transfer of Supervision • ICJ Officials – Complete forms  Waiver (ICJ Form IA/VI) – Process referrals – Approve or deny transfer requests Juvenile - Any person defined as a juvenile in any member state or by ICJ rules. District Court Judges have no authority to authorize or deny transfer of supervision. Transfer Eligibility Requirements Residential Facilities • defined as “juvenile” in sending state • No transfer of supervision for placement in out-of-state residential treatment facility • subject to some form of supervision – adjudicated delinquent, adjudicated status offender – ICJ Rule 4-101(2)(f) – or deferred adjudication • still under jurisdiction of sending state • But, ICPC may allow placement • length of relocation and supervision are both > 90 days – Only certain facilities ( e.g. , PRTF, YDC) – See, e.g., • juvenile will either: – reside with parent, legal guardian, relative, non-relative, or live • G.S. 7B-3800, Art. VI independently (not in residential facility); or • G.S. 7B-3805 – be a full-time student. ICJ Rule 4-101 Approval Process Restrictions on Transfer Adjudicated delinquent, Transfer may be denied if: adjudicated status Under jurisdiction of Classified as juvenile in offender, or deferred court or other authority sending state adjudication in sending in sending state state – sole purpose is to collect restitution – h ome evaluation finds placement “unsuitable” Purpose of transfer not Minimum length of Minimum residential merely for collection of supervision met requirements met restitution – juvenile is not in “substantial compliance” with terms of supervision  Except when juvenile’s only parent or Home evaluation Juvenile’s supervision completed & placement may be transferred approved legal guardian is located in receiving state ICJ Rule 4-104 2

11/3/2015 Special Considerations Retaking / Failed Placement • Jurisdiction • Sending state can: – Remains with sending state – Sending state handles: – Enter and retake juvenile • Violations • Termination of supervision  w/o court procedures, if juvenile signed waiver form • Transportation (ICJ Form IA/VI) • Cost of Treatment – Issue warrant for arrest (if retaking not practical) – Paid by sending state, if not covered by Medicaid or private insur. (unless provided by supervising agency) • Retaking requires consent of receiving state • Juvenile Sex Offenders – If juvenile has pending charge there – Laws of receiving state govern • Sex offender registration, Victim notification, DNA testing ICJ Rule 5-103 ICJ vs. Extradition Return of Out of State Juveniles • Uniform Criminal Extradition Act (UCEA) May occur in 1 of 4 ways: permits extradition of juveniles 1. Retaking (upon failed placement) – If charged/adjudicated offense is a “crime” » In re Boynton, 302 Mich. App. 632 (2013) 2. Release of Runaway to Parent/Guardian » State v. J.M.W. , 936 So.2d 555 (Ala. Crim. App. 2005) » But see, People v. Butts , 14 N.Y .S.2d 881 (1939, Supp) – w/n 24 hrs (excluding wknds & holidays) – ICJ Form IA/VI waives any extradition rights 3. Voluntary Return (ICJ Form III)  UCEA inapplicable to runaways 4. Non-Voluntary Return (Requisition Form I or II) Release to Parent/Guardian Abuse/Neglect Allegation “Holding” State must: “Home” State must: • Permitted w/n 24 hrs of • Notify home state’s ICJ • Facilitate juvenile’s safe detainment Office return with appropriate – unless abuse/neglect authority (i.e. DSS) suspected • Hold juvenile in secure • Beyond 24 hrs • Initiate requisition, if custody (max. 90 days) – Notification of home state’s until . . . juvenile not returning to ICJ Office required parent/guardian and – ICJ due process hearing – Voluntary return (Form III) – Secure custody – Requisition I – does not consent to ICJ Rule 6-101 voluntary return 3

11/3/2015 Non-Voluntary Return Voluntary Return (Form III) Runaways and Accused Status Offenders Procedure in home state: • Due Process Procedures: – Parent/Guardian files petition w/ ICJ Office • Hearing held in holding state – ICJ Office files “Requisition I” • Advisement of rights ( see ICJ Form) • Counsel and/or guardian ad litem appointed – Judge must find: • Form III (signed by juvenile & judge) • Petitioner entitled to legal custody • Return to home state w/n 5 days • Juvenile ran away w/o consent • Juvenile not emancipated • Return is in juvenile’s best interests Applies to any out-of-state juvenile – Requisition packet forwarded to holding state ICJ Rule 6-102 ICJ Rule 6-103 Non-Voluntary Return Non-Voluntary Return Runaways and Accused Status Offenders Escapee, Absconder, Accused Delinquent Procedure in home state: Court in holding state must: – ICJ Office files “Requisition II” – Hold hearing w/n 30 days of receipt • w/ supporting documentation (petition, orders, etc.) – Decide whether to appoint counsel and/or guardian ad litem – Determine – Judge signs requisition • “if the Requisition Form I is in order” – Requisition packet forwarded to holding state Judge “shall order the juvenile’s return” to home state if requisition is found to be in order. ICJ Rule 6-103(5) ICJ Rule 6-103A Non-Voluntary Return Required Findings Escapee, Absconder, Accused Delinquent Court in holding state must: In re Teague , 91 N.C. App. 242 (1988) – Hold hearing w/n 30 days of receipt – Trial court’s finding that “requisition is in order” – Decide whether to appoint counsel and/or guardian was insufficient to return escaped juvenile to ad litem SC. – Determine • “if the Requisition Form II is in order” – Held that ICJ (implicitly) required trial court to Judge “shall order the juvenile’s return” to home state if find that the juvenile being requisitioned is requisition is found to be in order. same juvenile before the court. ICJ Rule 6-103A(5) 4

11/3/2015 Non-Voluntary Return Additional Procedures (applicable to any non-voluntary return): – Home state returns juvenile w/n 5 days of receipt of order granting requisition – Denial of requisition requires written findings – Juvenile may be held in secure custody for max. of 90 days pending return 5