9:23-1 - Interstate Compact on juveniles

9:23-1.  Interstate Compact on juveniles
    The Governor is hereby authorized and directed to execute a compact on behalf of this State with any other State or States legally joining therein in the form substantially as follows:

     INTERSTATE COMPACT ON JUVENILES

     The contracting States solemnly agree:

     ARTICLE I--FINDINGS AND PURPOSES

     That juveniles who are not under proper supervision and control, or who have  absconded, escaped or run away, are likely to endanger their own health, morals  and welfare, and the health, morals and welfare of others. The cooperation of  the States party to this compact is therefore necessary to provide for the  welfare and protection of juveniles and of the public with respect to (1)  co-operative supervision of delinquent juveniles on probation or parole;  (2)  the return, from 1 State to another, of delinquent juveniles who have escaped  or absconded;  (3) the return, from 1 State to another, of nondelinquent  juveniles who have run away from home; and (4) additional measures for the  protection of juveniles and of the public, which any 2 or more of the party  States may find desirable to undertake co-operatively.  In carrying out the  provisions of this compact the party States shall be guided by the noncriminal,  reformative and protective policies which guide their laws concerning  delinquent, neglected or dependent juveniles generally.  It shall be the policy  of the States party to this compact to co-operate and observe their respective responsibilities for the prompt return and acceptance of juveniles and delinquent juveniles who become subject to the provisions of this compact. The  provisions of this compact shall be reasonably and liberally construed to  accomplish the foregoing purposes.

     ARTICLE II--EXISTING RIGHTS AND REMEDIES

     That all remedies and procedures provided by this compact shall be in addition to and not in substitution for other rights, remedies and procedures, and shall not be in derogation of parental rights and responsibilities.

     ARTICLE III--DEFINITIONS

     That, for the purposes of this compact,  "delinquent juvenile"  means any juvenile who has been adjudged delinquent and who, at the time the provisions of this compact are invoked, is still subject to the jurisdiction of the court that has made such adjudication or to the jurisdiction or supervision of an agency or institution pursuant to an order of such court;   "probation or parole"  means any kind of conditional release of juveniles authorized under the laws of the States party hereto; "court"  means any court having jurisdiction over delinquent, neglected or dependent children;   "State" means  any State, territory or possession of the United States, the District of  Columbia, and the Commonwealth of Puerto Rico;  and  "residence"  or any variant thereof means a place at which a home or regular place of abode is maintained.

     ARTICLE IV--RETURN OF RUNAWAYS

     (a) That the parent, guardian, person or agency entitled to legal custody of  a juvenile who has not been adjudged delinquent but who has run away without  the consent of such parent, guardian, person or agency may apply to the  appropriate court in the demanding State for the issuance of a requisition for  his return.  The application shall state the name and age of the juvenile, the  name of the applicant and the basis of entitlement to the juvenile's custody,  the circumstances of his running away, his location if known at the time  application is made, and such other facts as may tend to show that the juvenile  who has run away is endangering his own welfare or the welfare of others and is  not an emancipated minor.  The application shall be verified by affidavit,  shall be executed in duplicate, and shall be accompanied by 2 certified copies of the document or documents on which the applicant's entitlement to the juvenile's custody is based, such as birth certificate, letters of guardianship, or custody decrees.  Such further affidavits and other documents  as may be deemed proper may be submitted with such application. The judge of  the court to which this application is made may hold a hearing thereon to  determine whether for the purposes of this compact the applicant is entitled to  the legal custody of the juvenile, whether or not it appears that the juvenile  has in fact run away without consent, whether or not he is an emancipated  minor, and whether or not it is in the best interest of the juvenile to compel  his return to the State.  If the judge determines, either with or without a hearing, that the juvenile should be returned, he shall present to the appropriate court or to the executive authority of the State where the juvenile  is alleged to be located a written requisition for the return of such juvenile.   Such requisition shall set forth the name and age of the juvenile, the  determination of the court that the juvenile has run away without the consent  of a parent, guardian, person or agency entitled to his legal custody, and that  it is in the best interest and for the protection of such juvenile that he be returned. In the event that a proceeding for the adjudication of the juvenile  as a delinquent, neglected or dependent juvenile is pending in the court at the time when such juvenile runs away, the court may issue a requisition for the return of such juvenile upon its own motion, regardless of the consent of the parent, guardian, person or agency entitled to legal custody, reciting therein the nature and circumstances of the pending proceeding.  The requisition shall in every case be executed in duplicate and shall be signed by the judge.  One copy of the requisition shall be filed with the compact administrator of the demanding State, there to remain on file subject to the provisions of law governing records of such court.  Upon the receipt of a requisition demanding the return of a juvenile who has run away, the court or the executive authority to whom the requisition is addressed shall issue an order to any peace officer  or other appropriate person directing him to take into custody and detain such  juvenile.  Such detention order must substantially recite the facts necessary  to the validity of its issuance hereunder.  No juvenile detained upon such  order shall be delivered over to the officer whom the court demanding him shall  have appointed to receive him, unless he shall first be taken forthwith before  a judge of a court in the State, who shall inform him of the demand made for  his return, and who may appoint counsel or guardian ad litem for him.  If the  judge of such court shall find that the requisition is in order, he shall  deliver such juvenile over to the officer whom the court demanding him shall  have appointed to receive him. The judge, however, may fix a reasonable time  to be allowed for the purpose of testing the legality of the proceeding.

    Upon reasonable information that a person is a juvenile who has run away from another State party to this compact without the consent of a parent, guardian, person or agency entitled to his legal custody, such juvenile may be taken into custody without a requisition and brought forthwith before a judge of the appropriate court who may appoint counsel or guardian ad litem for such juvenile and who shall determine after a hearing whether sufficient cause exists to hold the person, subject to the order of the court, for his own protection and welfare, for such a time not exceeding 90 days as will enable his return to another State party to this compact pursuant to a requisition for  his return from a court of that State.  If, at the time when a State seeks the  return of a juvenile who has run away, there is pending in the State wherein he  is found any criminal charge, or any proceeding to have him adjudicated a  delinquent juvenile for an act committed in such State, or if he is suspected  of having committed within such State a criminal offense or an act of juvenile delinquency, he shall not be returned without the consent of such State until  discharged from prosecution or other form of proceeding, imprisonment,  detention or supervision for such offense or juvenile delinquency.  The duly  accredited officers of any State party to this compact, 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. Upon his return to the State from which he ran  away, the juvenile shall be subject to such further proceedings as may be  appropriate under the laws of that State.

    (b) That the State to which a juvenile is returned under this article shall  be responsible for payment of the transportation costs of such return.

    (c) That  "juvenile"  as used in this article means any person who is a minor under the law of the State of residence of the parent, guardian, person or agency entitled to the legal custody of such minor.

     ARTICLE V--RETURN OF ESCAPEES AND ABSCONDERS

     (a) That the appropriate person or authority from whose probation or parole  supervision a delinquent juvenile has absconded or from whose institutional  custody he has escaped shall present to the appropriate court or to the  executive authority of the State where the delinquent juvenile is alleged to be  located a written requisition for the return of such delinquent juvenile.  Such  requisition shall state the name and age of the delinquent juvenile, the  particulars of his adjudication as a delinquent juvenile, the circumstances of  the breach of the terms of his probation or parole or of his escape from an  institution or agency vested with his legal custody or supervision, and the  location of such delinquent juvenile, if known, at the time the requisition is  made.  The requisition shall be verified by affidavit, shall be executed in  duplicate, and shall be accompanied by 2 certified copies of the judgment,  formal adjudication, or order of commitment which subjects such delinquent  juvenile to probation or parole or to the legal custody of the institution or  agency concerned. Such further affidavits and other documents as may be deemed proper may be submitted with such requisition.  One copy of the requisition shall be filed with the compact administrator of the demanding State, there to  remain on file subject to the provisions of law governing records of the  appropriate court.  Upon the receipt of a requisition demanding the return of a delinquent juvenile who has absconded or escaped, the court or the executive authority to whom the requisition is addressed shall issue an order to any peace officer or other appropriate person directing him to take into custody and detain such delinquent juvenile.  Such detention order must substantially  recite the facts necessary to the validity of its issuance hereunder.  No  delinquent juvenile detained upon such order shall be delivered over to the  officer whom the appropriate person or authority demanding him shall have  appointed to receive him, unless he shall first be taken forthwith before a  judge of an appropriate court in the State, who shall inform him of the demand  made for his return and who may appoint counsel or guardian ad litem for him.   If the judge of such court shall find that the requisition is in order, he  shall deliver such delinquent juvenile over to the officer whom the appropriate person or authority demanding him shall have appointed to receive him.  The judge, however, may fix a reasonable time to be allowed for the purpose of testing the legality of the proceeding.

    Upon reasonable information that a person is a delinquent juvenile who has absconded while on probation or parole, or escaped from an institution or agency vested with his legal custody or supervision in any State party to this compact, such person may be taken into custody in any other State party to this  compact without a requisition.  But in such event, he must be taken forthwith  before a judge of the appropriate court, who may appoint counsel or guardian ad  litem for such person and who shall determine, after a hearing, whether  sufficient cause exists to hold the person subject to the order of the court  for such a time, not exceeding 90 days, as will enable his detention under a  detention order issued on a requisition pursuant to this article.  If, at the  time when a State seeks the return of a delinquent juvenile who has either  absconded while on probation or parole or escaped from an institution or agency  vested with his legal custody or supervision, there is pending in the State  wherein he is detained any criminal charge or any proceeding to have him  adjudicated a delinquent juvenile for an act committed in such State, or if he  is suspected of having committed within such State a criminal offense or an act  of juvenile delinquency, he shall not be returned without the consent of such  State until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency.  The duly accredited officers of any State party to this compact,  upon the establishment of their authority and the identity of the delinquent  juvenile being returned, shall be permitted to transport such delinquent  juvenile through any and all States party to this compact, without  interference.  Upon his return to the State from which he escaped or absconded,  the delinquent juvenile shall be subject to such further proceedings as may be  appropriate under the laws of that State.

    (b) That the State to which a delinquent juvenile is returned under this article shall be responsible for payment of the transportation costs of such return.

     ARTICLE VI--VOLUNTARY RETURN PROCEDURE

     That any delinquent juvenile who has absconded while on probation or parole,  or escaped from an institution or agency vested with his legal custody or  supervision in any State party to this compact, and any juvenile who has run  away from any State party to this compact, who is taken into custody without a  requisition in another State party to this compact under the provisions of  article IV(a) or of article V(a), may consent to his immediate return to the  State from which he absconded, escaped or ran away. Such consent shall be  given by the juvenile or delinquent juvenile and his counsel or guardian ad  litem if any, by executing or subscribing a writing, in the presence of a judge  of the appropriate court, which states that the juvenile or delinquent juvenile and his counsel or guardian ad litem, if any, consent to his return to the demanding State.  Before such consent shall be executed or subscribed, however,  the judge, in the presence of counsel or guardian ad litem, if any, shall  inform the juvenile or delinquent juvenile of his rights under this compact.   When the consent has been duly executed, it shall be forwarded to and filed  with the compact administrator of the State in which the court is located and  the judge shall direct the officer having the juvenile or delinquent juvenile  in custody to deliver him to the duly accredited officer or officers of the State demanding his return, and shall cause to be delivered to such officer or  officers a copy of the consent.  The court may, however, upon the request of  the State to which the juvenile or delinquent juvenile is being returned, order  him to return unaccompanied to such State and shall provide him with a copy of  such court order;  in such event a copy of the consent shall be forwarded to the compact administrator of the State to which said juvenile or delinquent juvenile is ordered to return.

     ARTICLE VII--CO-OPERATIVE SUPERVISION OF PROBATIONERS AND PAROLEES

     (a) That the duly constituted judicial and administrative authorities of a State party to this compact (herein called  "sending State" ) may permit any delinquent juvenile within such State, placed on probation or parole, to reside  in any other State party to this compact (herein called "receiving State" )  while on probation or parole, and the receiving State shall accept such  delinquent juvenile, if the parent, guardian or person entitled to the legal  custody of such delinquent juvenile is residing or undertakes to reside within  the receiving State.  Before granting such permission, opportunity shall be  given to the receiving State to make such investigations as it deems necessary.   The authorities of the sending State shall send to the authorities of the  receiving State copies of pertinent court orders, social case studies and all  other available information which may be of value to and assist the receiving  State in supervising a probationer or parolee under this compact.  A receiving State, in its discretion, may agree to accept supervision of a probationer or  parolee in cases where the parent, guardian or person entitled to the legal  custody of the delinquent juvenile is not a resident of the receiving State,  and if so accepted the sending State may transfer supervision accordingly.

    (b) That each receiving State will assume the duties of visitation and of supervision over any such delinquent juvenile and in the exercise of those duties will be governed by the same standards of visitation and supervision that prevail for its own delinquent juveniles released on probation or parole.

    (c) That, after consultation between the appropriate authorities of the sending State and of the receiving State as to the desirability and necessity of returning such a delinquent juvenile, the duly accredited officers of a sending State may enter a receiving State and there apprehend and retake any such delinquent juvenile on probation or parole. For that purpose, no formalities will be required, other than establishing the authority of the officer and the identity of the delinquent juvenile to be retaken and returned.   The decision of the sending State to retake a delinquent juvenile on probation  or parole shall be conclusive upon and not reviewable within the receiving  State, but if, at the time the sending State seeks to retake a delinquent  juvenile on probation or parole, there is pending against him within the  receiving State any criminal charge or any proceeding to have him adjudicated a  delinquent juvenile for any act committed in such State, or if he is suspected  of having committed within such State a criminal offense or an act of juvenile  delinquency, he shall not be returned without the consent of the receiving  State until discharged from prosecution or other form of proceeding,  imprisonment, detention or supervision for such offense or juvenile  delinquency.  The duly accredited officers of the sending State shall be  permitted to transport delinquent juveniles being so returned through any and  all States party to this compact, without interference.

    (d) That the sending State shall be responsible under this article for paying the costs of transporting any delinquent juvenile to the receiving State  or of returning any delinquent juvenile to the sending State.

     ARTICLE VIII--RESPONSIBILITY FOR COSTS

     (a) That the provisions of articles IV(b), V(b) and VII(d) of this compact shall not be construed to alter or affect any internal relationship among the departments, agencies and officers of and in the government of a party State, or between a party State and its subdivisions, as to the payment of costs, or responsibilities therefor.

    (b) That nothing in this compact shall be construed to prevent any party State or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which such party State or subdivision thereof may be responsible pursuant to articles IV(b), V(b), or VII(d) of this compact.

     ARTICLE IX--DETENTION PRACTICES

     That, to every extent possible, it shall be the policy of States party to this compact that no juvenile or delinquent juvenile shall be placed or detained in any prison, jail or lockup nor be detained or transported in association with criminal, vicious or dissolute persons.

     ARTICLE X--SUPPLEMENTARY AGREEMENTS

     That the duly constituted administrative authorities of a State party to this compact may enter into supplementary agreements with any other State or States party hereto for the co-operative care, treatment and rehabilitation of delinquent juveniles whenever they shall find that such agreements will improve  the facilities or programs available for such care, treatment and rehabilitation.  Such care, treatment and rehabilitation may be provided in an institution located within any State entering into such supplementary agreement.  Such supplementary agreements shall (1) provide the rates to be paid for the care, treatment and custody of such delinquent juveniles, taking into consideration the character of facilities, services and subsistence furnished;  (2) provide that the delinquent juvenile shall be given a court hearing prior to his being sent to another State for care, treatment and custody;  (3) provide that the State receiving such a delinquent juvenile in 1 of its institutions shall act solely as agent for the State sending such delinquent juvenile;  (4) provide that the sending State shall at all times retain jurisdiction over delinquent juveniles sent to an institution in another  State;  (5) provide for reasonable inspection of such institutions by the  sending State;  (6) provide that the consent of the parent, guardian, person or  agency entitled to the legal custody of said delinquent juvenile shall be  secured prior to his being sent to another State;  and (7) make provision for  such other matters and details as shall be necessary to protect the rights and equities of such delinquent juveniles and of the co-operating States.

     ARTICLE XI--ACCEPTANCE OF FEDERAL AND OTHER AID

     That any State party to this compact may accept any and all donations, gifts  and grants of money, equipment and services from the Federal or any local  government, or any agency thereof and from any person, firm or corporation, for  any of the purposes and functions of this compact, and may receive and utilize  the same subject to the terms, conditions and regulations governing such  donations, gifts and grants.

     ARTICLE XII--COMPACT ADMINISTRATORS

     That the Governor of each State party to this compact shall designate an officer who, acting jointly with like officers of other party States, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this compact.

     ARTICLE XIII--EXECUTION OF COMPACT

     That this compact shall become operative immediately upon its execution by any State as between it and any other State or States so executing. When executed it shall have the full force and effect of law within such State, the form of execution to be in accordance with the laws of the executing State.

     ARTICLE XIV--RENUNCIATION

     That this compact shall continue in force and remain binding upon each executing State until renounced by it.  Renunciation of this compact shall be by the same authority which executed it, by sending 6 months' notice in writing  of its intention to withdraw from the compact to the other States party hereto.   The duties and obligations of a renouncing State under article VII hereof  shall continue as to parolees and probationers residing therein at the time of  withdrawal until retaken or finally discharged. Supplementary agreements  entered into under article X hereof shall be subject to renunciation as  provided by such supplementary agreements, and shall not be subject to the 6  months' renunciation notice of the present article.

     ARTICLE XV--SEVERABILITY

     That the provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the  constitution of any participating State or of the United States or the applicability thereof to any government, agency, person or circumstance is held  invalid, the validity of the remainder of this compact and the applicability  thereof to any government, agency, person or circumstance shall not be affected  thereby.  If this compact shall be held contrary to the Constitution of any  State participating therein, the compact shall remain in full force and effect  as to the remaining States and in full force and effect as to the State  affected as to all severable matters.

     L.1955, c. 55, p. 181, s. 1.