Association of Juvenile Compact Administrators

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Association of Juvenile Compact Administrators
New Administrator's Training
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INTERSTATE COMPACT ON JUVENILES (ICJ)

• First drafted in 1955.
• Consists of 15 basic articles and three
  amendments.
• Law in all 50 states and jurisdictions of Virgin
  Islands, Guam and District of Columbia.
• Purpose is to provide for the welfare and
  protection of juveniles and the public.

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ASSOCIATION OF JUVENILES COMPACT ADMINISTRATORS
(AJCA)

• National organization meets twice a year.
• Responsible for promulgating rules and
  regulations for the ICJ.
• Rules and regulations have the same force and
  effect as the law.
• Forum for national issues, training and
  grievances between states.

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WHAT AJCA MEMBERSHIP CAN DO FOR YOU AND YOUR
STATE!

• Training
• Resources
• Board positions and committees
• State/National Statistics
• Problem resolutions
• Proposals for improvement to ICJ

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ICJ - CONSTRUCTION

• Used to request supervision of a
  parolee/probationer in another state.
• Return a runaway juvenile to his/her own state.

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ICJ - CONSTRUCTION

• Return delinquent escapees or absconders.
• In addition to the basic articles and amendments,
  allows for supplementary agreements between
  individual states.

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VARIATIONS IN STATE LAWS

• Due to variations in state laws, a person who is
  considered a juvenile in one state may not be
  considered so in another state.
• An individuals status as a juvenile is
  determined by his/her home state state with
  jurisdiction.
• Compact law is Special Legislation supersedes
  state law.

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YOUR ROLE

• Be familiar with ICJ law.
• Be familiar with AJCA rules and regulations.
• Be familiar with ICJ forms.
• Maintain statistics for annual reporting.
• Train your locals!
• Ensure your ICJ office has coverage during
  business hours.

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YOUR ROLE (cont.)

• Ensure phone is answered or messages returned
  promptly.
• Promptly forward all requests for courtesy
  supervision.
• Encourage your locals to meet timeframes on home
  studies, progress reports and court hearings.
• To be successful, cooperate with one another.

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COMMUNICATION CHANNELS

• The CORRECT communication lines for mail phones
  is illustrated below.

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COMMUNICATION CHANNELS
INCORRECT communication channels are shown
below There should be no contact between ICJ
offices and local offices in other states without
permission of the interstate offices.
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ICJ ARTICLE VII

• Procedures for Requesting Courtesy Supervision
• Probation and Parole

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ICJ FORM IVPROBATION OR PAROLE INVESTIGATION
SUPERVISION REQUEST

• Form is to be legible.
• Must be completely filled out to provide basic
  information.
• ICJ staff can sign in bottom right corner.
• Check for accuracy.

ICJ FORM IV
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ICJ FORM IA/VIAPPLICATION FOR COMPACT
SERVICES/MEMORANDUM OF UNDERSTANDING WAIVER

• Must be included in all referrals.
• Youth and Parent/Guardian signatures can be
  obtained by receiving state.
• Due process.
• Verify whether or not Judge or Compact Official
  has signed.

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ICJ FORM VREPORT OF SENDING STATE UPON PAROLEE
OR PROBATIONER BEING SENT TO THE RECEIVING STATE

• Is sent after the request has been made before
  the youth is placed!
• Send on Parole cases as far in advance as
  possible.
• Must have reporting instructions.

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In addition to the forms, the referral is to
include

• Cover letter (if necessary)
• Judgment entry
• Complaint/Petition
• Rules of parole or probation
• Police report(s)
• Social History
• Psych. Report
• School, medical info.

• Any other information that would be helpful to
  the receiving state
• Remain HIPPA compliant with your agency
• Receive 3 complete copies from your local.
• Send 2 complete sets to other state.

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REVIEW ALL REQUEST

• Ensure forms are included with signatures and
  packages are in order.
• Court Order jurisdiction must be retained.
• Ensure backup documentation is included.
• Make sure placement date is within 90 days (Rule
  4-107, 2)
• Maintain a copy in your office for at least 1
  year.

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ADDRESS WITH YOUR LOCAL

• Jurisdiction is NOT transferred.
• No supervision fees are to be assessed.
• Not to wait months before sending referrals.
• Dont send Violent/Sex Offenders without prior
  approval.
• DUMPED youth rather than completing the paperwork
  or returning the youth.

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ADVISE YOUR LOCAL

• Until supervision is accepted in receiving state,
  your department/state is responsible for the
  youth.
• Your state accepts the potential liability of
  placing a youth without prior acceptance by the
  receiving state.

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WHAT TO EXPECT?

• Two copies of a letter from the receiving states
  ICJ office requesting local to investigate
  proposed placement (receipt)
• Home Evaluation with acceptance/rejection with 45
  days.
• Quarterly progress reports.

Request
Request
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RECEIVING SUPERVISION REQUESTS

• The individual department (JPO) recommends
  acceptance or rejection of a case.
• A case cannot be rejected
• - If the proposed placement is with a
  parent/legal guardian.
• - If the youth is over the age of majority
  in the receiving state.
• - Because the offense not considered
  delinquent conduct in receiving state.

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RECEIVING SUPERVISION REQUESTS

• The ICJ Deputy Administrator, or designee accepts
  or rejects a case based on
• The JPOs recommendation.
• The ICJ law, and
• AJCA Rules and Regulations.

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RECEIVING SUPERVISION REQUESTS

• Your JPO acts as a supervising agent for the
  sending state.
• Quarterly Progress Reports are required.
• Only sending state may close or discharge a case.

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FOLLOW UP

• ACCEPTANCE Home studies are due back to you
  within 20 days.
• DENIAL cant happen if youths parents or legal
  guardian resides in receiving state. Can
  recommend if placement is not acceptable.
• VIOLATIONS report ASAP (writing) action
  determined by sending state.

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FAILED PLACEMENTS

• When youth is placed with parent/legal guardian,
  sending state may not return.
• When youth is not with parent/legal guardian,
  home state must make other arrangements for the
  youths placement.
• New charges need to be disposed of before youth
  is returned.

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DISCHARGES

• You may request discharge but cannot terminate
  until advised by the sending state.
• Only the state with jurisdiction may discharge.
• Exceptions order expires, youth leaves your
  jurisdiction or youth gets an adult conviction
  longer than the juvenile sentence.

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OUT OF STATE TRAVEL PERMIT AND AGREEMENT TO RETURN

• Used for Vacation/Visit or To Test a Placement.
• 45 days for Testing Placement referral to be
  received within 30 days.
• 90 days maximum length of stay for
  vacation/visit.
• If more than 30 days there must be specific
  reporting instructions for the juvenile to
  maintain contact with supervising agency.
• Only applies to compact states or jurisdictions

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ICJ ARTICLE X ICPC ARTICLE VI

• ICJ Article X - Two or more states may enter into
  Supplementary Agreements to place their
  delinquent juveniles in the others public
  Institutions.
• ICPC Article VI - Provides for the placement of
  delinquent juveniles in private Facilities.

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DEFINITIONS

• A JUVENILE Is any person who is a minor under the
  laws of the state of residence of parents,
  guardian, person or agency entitled to the legal
  custody of the minor.
• A NON-DELINQUENT RUNAWAY Is any juvenile who has
  not been adjudged delinquent, and who has run
  away from his/her parents, guardian, person or
  agency entitled to their legal custody.

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ICJ Article II Existing Rights and Remedies

• ICJ law does not take precedence over parents
  rights and responsibilities.
• ALL youth still must sign the Form III. The law
  does not stipulate a 24 hour waiver if the
  parents pick up.

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ICJ ARTICLE VICONSENT FOR VOLUNTARY RETURN

• The home state shall return all of its runaways,
  absconders and escapees who have legally
  consented to voluntarily return to their home
  state (FORM III).
• Home state has 5 business days upon notification
  that the youth has signed, to make arrangements
  for return.

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DUE PROCESS

• Taken before a juvenile judge.
• Judge informs the juvenile of his/her rights.
• A guardian ad litem may be appointed.

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JUVENILE RIGHTS Form III-A

• Right to guardian ad litem / legal counsel.
• Court will appoint counsel if juvenile is unable
  to afford.
• Court hearing to determine if sufficient cause
  exists to hold until requisition received.
• If sufficient cause, can hold up to 90 days.

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JUVENILE RIGHTSForm III-A

• Upon receipt on a requisition, a hearing is to be
  held to determine if the requisition is in order.
• Waive at this time and sign Form III.
• Must be signed by the judge after juvenile has
  been advised of his/her rights.

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ICJ FORM IIIVOLUNTARY CONSENT TO RETURN

• Is completed to show juveniles legal guardian
  and location.
• Is signed by juvenile, Judge and Guardian Ad
  Litem (if appointed) after Juvenile Rights have
  been advised by Judge.
• Detailed physical and clothing, must be included.

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ICJ FORM IIIVOLUNTARY CONSENT TO RETURN

• Fax to holding states ICJ office.
• One copy of the form is given to juvenile upon
  release.
• The home state has five (5) working days to make
  arrangements for return after due process rights
  have been met.

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RETURN ARRANGEMENTS

• Many runaways and absconders are returned to the
  home state, unescorted, via commercial airline.
• No juvenile who is considered a danger to
  him/herself and/or others is to be returned
  unescorted.
• Airport surveillance services can be accessed at
  most major airports. This service helps to
  ensure the safe return of these juveniles.

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AIRPORT SUPERVISIONRule 6-115

• Surveillance is a courtesy service.
• Should be during normal working hours.
• Give sufficient notice.

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REQUESTING SURVEILLANCE

• Consult roster to see if coverage is provided at
  that airport.
• Contact the ICJ office.
• Have time and flight numbers available.
• Provide detailed physical and clothing
  description (including hair style).

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TIPS FOR TRANSPORTING YOUTH TO AIRPORT

• Arrive a minimum of one hour before flight.
• Verify that the ticket is prepaid (locator code
  or password).
• Never reschedule flights without permission from
  the other ICJ office involved.

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TIPS FOR TRANSPORTING YOUTH TO AIRPORT

• May want to contact Airport Police prior to
  going.
• Remove any cuffs or restraints prior to entering
  airport terminal.
• Check all baggage and medication.
• Provide the youth with his/her copy of the form
  III.
• Stay at the gate until the flight is airborne.

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NON-VOLUNTARY RETURN OF RUNAWAYS, ESCAPEES
ABSCONDERS

• Youth, regardless of delinquent status, who
  refuse to sign Form III.
• Runaways may/may not be held in secure detention.
• A requisition needs to be initiated by
  home/demanding state.
• Has certified documentation attached which shows
  entitlement.

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REQUISITIONS

• Runaway Form I
• Delinquent Form II
• Form A optional on either requisition
• Is submitted to the court in the jurisdiction
  where the petitioner resides.
• Submitted in triplicate

REQUISITION
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REQUISITIONS

• Juveniles should not be detained in jail or other
  adult holding facilities.
• Holding state shall not be reimbursed for
  detaining juveniles.
• Runaways may be securely detained without
  financial penalties from OJJDP.

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NOW WHAT DO I DO?

• Three copies received from your local.
• ICJ staff reviews.
• Two copies are express mailed to holding states
  ICJ office.
• One copy forwarded to court for hearing.
• Once honored, home state has 5 working days to
  make arrangements to return youth.

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REQUISITION REVIEW

• Initiated when youth refuses to return.
• Whereabouts are known but not in custody.
• Petition must be submitted to court.
• Form I or II must have judges original
  signature.
• All documents in triplicate.
• Dont issue a warrant if you dont want to return
  the youth.
• NCIC

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DEFINITIONS

• ESCAPEE a juvenile who has made an unauthorized
  flight from a facility to which he/she has been
  committed by a court.
• ABSCONDER a person who hides, conceals or
  absents him/herself with the intent to avoid
  legal process or authorized control.

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ICJ RENDITION AMENDMENT

• Valid only between states that are party to the
  amendment.
• May be used between two or more states.
• Used to return juvenile to a state in which
  he/she has not been adjudged delinquent, but has
  pending charges.
• Form II

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ICJ OUT-OF-STATE CONFINEMENT AMENDMENT

• Supplementary agreement between states.
• Both states must be party to amendment.

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REMINDER OF ICJ DUTES

• Monday Friday coverage.
• Train locals
• Review materials prior to forwarding.
• Maintain copies in your office.
• Communicate
• Enjoy the meeting.

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ENJOY THE REST OF THE CONFERENCE