27-22 Interstate Compact on Juveniles
Download pdf
Loading PDF...
<![CDATA[CHAPTER 27-22INTERSTATE COMPACT ON JUVENILES27-22-01.Legislative findings and policy.It is hereby found and declared thatjuveniles who are not under proper supervision and control, or who have absconded, escaped, or<br>run away, are likely to endanger their own health, morals, and welfare and the health, morals,<br>and welfare of others; and, that the cooperation of this state with other states is necessary to<br>provide for the welfare and protection of juveniles and of the people of this state.It is therefore the policy of this state, in adopting the interstate compact on juveniles, tocooperate fully with other states in returning juveniles to such other states whenever their return<br>is sought; and, in accepting the return of juveniles whenever a juvenile residing in this state is<br>found or apprehended in another state and in taking all measures to initiate proceedings for the<br>return of such juveniles.27-22-02.Execution of compact - Text.The governor is hereby authorized anddirected to execute a compact on behalf of this state with any other state or states legally joining<br>therein in the form substantially as follows: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<br>health, morals, and welfare of others. The cooperation of the states party to this compact is<br>therefore necessary to provide for the welfare and protection of juveniles and of the public with<br>respect to:1.Cooperative supervision of delinquent juveniles on probation or parole;2.The return, from one state to another, of delinquent juveniles who have escaped or<br>absconded;3.The return, from one state to another, of nondelinquent juveniles who have run away<br>from home; and4.Additional measures for the protection of juveniles and of the public, which any two<br>or more of the party states may find desirable to undertake cooperatively.In carrying out the provisions of this compact, the party states shall be guided by thenoncriminal, reformative, and protective policies which guide their laws concerning delinquent,<br>neglected, or dependent juveniles generally. It shall be the policy of the states party to this<br>compact to cooperate and observe their respective responsibilities for the prompt return and<br>acceptance of juveniles and delinquent juveniles who become subject to the provisions of this<br>compact.The provisions of this compact shall be reasonably and liberally construed toaccomplish the foregoing purposes.Article II - Existing Rights and Remedies.That all remedies and procedures provided by this compact shall be in addition to and notin substitution for other rights, remedies, and procedures, and shall not be in derogation of<br>parental rights and responsibilities.Article III - Definitions.That, for the purposes of this compact, "delinquent juvenile" means any juvenile who hasbeen adjudged delinquent and who, at the time the provisions of this compact are invoked, is still<br>subject to the jurisdiction of the court that has made such adjudication or to the jurisdiction or<br>supervision of an agency or institution pursuant to an order of such court; "probation or parole"<br>means any kind of conditional release of juveniles authorized under the laws of the states party<br>hereto; "court" means any court having jurisdiction over delinquent, neglected, or dependent<br>children; "state" means any state, territory, or possession of the United States, the District ofPage No. 1Columbia, and the Commonwealth of Puerto Rico; and "residence" or any variant thereof means<br>a place at which a home or regular place of abode is maintained.Article IV - Return of Runaways.1.That the parent, guardian, person, or agency entitled to legal custody of a juvenile<br>who has not been adjudged delinquent but who has run away without the consent of<br>such parent, guardian, person, or agency may petition the appropriate court in the<br>demanding state for the issuance of a requisition for the juvenile's return.Thepetition shall state the name and age of the juvenile, the name of the petitioner and<br>the basis of entitlement to the juvenile's custody, the circumstances of the juvenile's<br>running away, the juvenile's location if known at the time application is made, and<br>such other facts as may tend to show that the juvenile who has run away is<br>endangering the juvenile's own welfare or the welfare of others and is not an<br>emancipated minor. The petition shall be verified by affidavit, shall be executed in<br>duplicate, and shall be accompanied by two certified copies of the document or<br>documents on which the petitioner's entitlement to the juvenile's custody is based,<br>such as birth certificates, letters of guardianship, or custody decrees. Such further<br>affidavits and other documents as may be deemed proper may be submitted with<br>such petition. The judge of the court to which this application is made may hold a<br>hearing thereon to determine whether for the purposes of this compact the petitioner<br>is entitled to the legal custody of the juvenile, whether or not it appears that the<br>juvenile has in fact run away without consent, whether or not the juvenile is an<br>emancipated minor, and whether or not it is in the best interest of the juvenile to<br>compel the juvenile's return to the state. If the judge determines, either with or<br>without a hearing, that the juvenile should be returned, the judge shall present to the<br>appropriate court or to the executive authority of the state where the juvenile is<br>alleged to be located a written requisition for the return of such juvenile.Suchrequisition shall set forth the name and age of the juvenile, the determination of the<br>court that the juvenile has run away without the consent of a parent, guardian,<br>person, or agency entitled to the juvenile's legal custody, and that it is in the best<br>interest and for the protection of such juvenile that the juvenile be returned. In the<br>event that a proceeding for the adjudication of the juvenile as a delinquent,<br>neglected, or dependent juvenile is pending in the court at the time when such<br>juvenile runs away, the court may issue a requisition for the return of such juvenile<br>upon its own motion, regardless of the consent of the parent, guardian, person, or<br>agency entitled to legal custody, reciting therein the nature and circumstances of the<br>pending proceeding. The requisition shall in every case be executed in duplicate<br>and shall be signed by the judge. One copy of the requisition shall be filed with the<br>compact administrator of the demanding state, there to remain on file subject to the<br>provisions of law governing records of such court. Upon the receipt of a requisition<br>demanding the return of a juvenile who has run away, the court or the executive<br>authority to whom the requisition is addressed shall issue an order to any peace<br>officer or other appropriate person directing the peace officer or other appropriate<br>person to take into custody and detain such juvenile. Such detention order must<br>substantially recite the facts necessary to the validity of its issuance hereunder. No<br>juvenile detained upon such order shall be delivered over to the officer whom the<br>court demanding the juvenile shall have appointed to receive the juvenile, unless the<br>juvenile shall first be taken forthwith before a judge of a court in the state, who shall<br>inform the juvenile of the demand made for the juvenile's return, and who may<br>appoint a guardian ad litem for the juvenile or counsel may be provided at public<br>expense. If the judge of such court shall find that the requisition is in order, the<br>judge shall deliver such juvenile over to the officer whom the court demanding the<br>juvenile shall have appointed to receive the juvenile. The judge, however, may fix a<br>reasonable time to be allowed for the purpose of testing the legality of the<br>proceeding. Upon reasonable information that a person is a juvenile who has run<br>away from another state party to this compact without the consent of a parent,<br>guardian, person, or agency entitled to the juvenile's legal custody, such juvenile<br>may be taken into custody without a requisition and brought forthwith before a judge<br>of the appropriate court who may appoint a guardian ad litem for such juvenile orPage No. 2counsel may be provided at public expense, and who shall determine after a hearing<br>whether sufficient cause exists to hold the person, subject to the order of the court,<br>for the person's own protection and welfare, for such a time not exceeding ninety<br>days as will enable the person's return to another state party to this compact<br>pursuant to a requisition for the person's return from a court of that state. If, at the<br>time when a state seeks the return of a juvenile who has run away, there is pending<br>in the state wherein the juvenile is found any criminal charge, or any proceeding to<br>have the juvenile adjudicated a delinquent juvenile for an act committed in such<br>state, or if the juvenile is suspected of having committed within such state a criminal<br>offense or an act of juvenile delinquency, the juvenile shall not be returned without<br>the consent of such state until discharged from prosecution or other form of<br>proceeding, imprisonment, detention, or supervision for such offense or juvenile<br>delinquency. The duly accredited officers of any state party to this compact, upon<br>the establishment of their authority and the identity of the juvenile being returned,<br>shall be permitted to transport such juvenile through any and all states party to this<br>compact, without interference. Upon the juvenile's return to the state from which the<br>juvenile ran away, the juvenile shall be subject to such further proceedings as may<br>be appropriate under the laws of that state.2.That the state to which a juvenile is returned under this article shall be responsible<br>for payment of the transportation costs of such return.3.That "juvenile" as used in this article means any person who is a minor under the<br>law of the state of residence of the parent, guardian, person, or agency entitled to<br>the legal custody of such minor.Article V - Return of Escapees and Absconders.1.That the appropriate person or authority from whose probation or parole supervision<br>a delinquent juvenile has absconded or from whose institutional custody the juvenile<br>has escaped shall present to the appropriate court or to the executive authority of<br>the state where the delinquent juvenile is alleged to be located a written requisition<br>for the return of such delinquent juvenile. Such requisition shall state the name and<br>age of the delinquent juvenile, the particulars of the juvenile's adjudication as a<br>delinquent juvenile, the circumstances of the breach of the terms of the juvenile's<br>probation or parole or of the juvenile's escape from an institution or agency vested<br>with the juvenile's legal custody or supervision, and the location of such delinquent<br>juvenile, if known, at the time the requisition is made.The requisition shall beverified by affidavit, shall be executed in duplicate, and shall be accompanied by two<br>certified copies of the judgment, formal adjudication, or order of commitment which<br>subjects such delinquent juvenile to probation or parole or to the legal custody of the<br>institution or agency concerned. Such further affidavits and other documents as<br>may be deemed proper may be submitted with such requisition. One copy of the<br>requisition shall be filed with the compact administrator of the demanding state,<br>there to remain on file subject to the provisions of law governing records of the<br>appropriate court.Upon the receipt of a requisition demanding the return of adelinquent juvenile who has absconded or escaped, the court or the executive<br>authority to whom the requisition is addressed shall issue an order to any peace<br>officer or other appropriate person directing the peace officer or other appropriate<br>person to take into custody and detain such delinquent juvenile. Such detention<br>order must substantially recite the facts necessary to the validity of its issuance<br>hereunder. No delinquent juvenile detained upon such order shall be delivered over<br>to the officer whom the appropriate person or authority demanding the juvenile shall<br>have appointed to receive the juvenile, unless the juvenile shall first be taken<br>forthwith before a judge of an appropriate court in the state, who shall inform the<br>juvenile of the demand made for the juvenile's return and who may appoint a<br>guardian ad litem for the juvenile or counsel may be provided at public expense. If<br>the judge of such court shall find that the requisition is in order, the judge shall<br>deliver such delinquent juvenile over to the officer whom the appropriate person or<br>authority demanding the juvenile shall have appointed to receive the juvenile. ThePage No. 3judge, however, may fix a reasonable time to be allowed for the purpose of testing<br>the legality of the proceeding.Upon reasonable information that a person is a delinquent juvenile who hasabsconded while on probation or parole, or escaped from an institution or agency<br>vested with that person's legal custody or supervision in any state party to this<br>compact, such person may be taken into custody in any other state party to this<br>compact without a requisition.But in such event, that person must be takenforthwith before a judge of the appropriate court, who may appoint a guardian<br>ad litem for such person or counsel may be provided at public expense, and who<br>shall determine, after a hearing, whether sufficient cause exists to hold the person<br>subject to the order of the court for such a time, not exceeding ninety days, as will<br>enable the person's detention under a detention order issued on a requisition<br>pursuant to this article. If, at the time when a state seeks the return of a delinquent<br>juvenile who has either absconded while on probation or parole or escaped from an<br>institution or agency vested with the juvenile's legal custody or supervision, there is<br>pending in the state wherein the juvenile is detained any criminal charge or any<br>proceeding to have the juvenile adjudicated a delinquent juvenile for an act<br>committed in such state, or if the juvenile is suspected of having committed within<br>such state a criminal offense or an act of juvenile delinquency, the juvenile shall not<br>be returned without the consent of such state until discharged from prosecution or<br>other form of proceeding, imprisonment, detention, or supervision for such offense<br>or juvenile delinquency.The duly accredited officers of any state party to thiscompact, upon the establishment of their authority and the identity of the delinquent<br>juvenile being returned, shall be permitted to transport such delinquent juvenile<br>through any and all states party to this compact, without interference. Upon the<br>juvenile's return to the state from which the juvenile escaped or absconded, the<br>delinquent juvenile shall be subject to such further proceedings as may be<br>appropriate under the laws of that state.2.That the state to which a delinquent juvenile is returned under this article shall be<br>responsible for the 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 escapedfrom an institution or agency vested with the juvenile's legal custody or supervision in any state<br>party to this compact, and any juvenile who has run away from any state party to this compact,<br>who is taken into custody without a requisition in another state party to this compact under the<br>provisions of article IV, 1. or of article V, 1., may consent to the juvenile's immediate return to the<br>state from which the juvenile absconded, escaped, or ran away. Such consent shall be given by<br>the juvenile or delinquent juvenile and the juvenile's counsel or guardian ad litem if any, by<br>executing or subscribing a writing, in the presence of a judge of the appropriate court, which<br>states that the juvenile or delinquent juvenile and the juvenile's counsel or guardian ad litem, if<br>any, consent to the juvenile's return to the demanding state.Before such consent shall beexecuted or subscribed, however, the judge, in the presence of counsel or guardian ad litem, if<br>any, shall inform the juvenile or delinquent juvenile of the juvenile's rights under this compact.<br>When the consent has been duly executed, it shall be forwarded to and filed with the compact<br>administrator of the state in which the court is located and the judge shall direct the officer having<br>the juvenile or delinquent juvenile in custody to deliver the juvenile to the duly accredited officer<br>or officers of the state demanding the juvenile's return, and shall cause to be delivered to such<br>officer or officers a copy of the consent. The court may, however, upon the request of the state<br>to which the juvenile or delinquent juvenile is being returned, order the juvenile to return<br>unaccompanied to such state and shall provide the juvenile with a copy of such court order; in<br>such event a copy of the consent shall be forwarded to the compact administrator of the state to<br>which said juvenile or delinquent juvenile is ordered to return.Article VII - Cooperative Supervision of Probationers and Parolees.1.That the duly constituted judicial and administrative authorities of a state party to this<br>compact, herein called "sending state", may permit any delinquent juvenile withinPage No. 4such state, placed on probation or parole, to reside in any other state party to this<br>compact, herein called "receiving state", while on probation or parole, and the<br>receiving state shall accept such delinquent juvenile, if the parent, guardian, or<br>person entitled to the legal custody of such delinquent juvenile is residing or<br>undertakes to reside within the receiving state. Before granting such permission,<br>opportunity shall be given to the receiving state to make such investigations as it<br>deems necessary. The authorities of the sending state shall send to the authorities<br>of the receiving state copies of pertinent court orders, social case studies, and all<br>other available information which may be of value to and assist the receiving state in<br>supervising a probationer or parolee under this compact. A receiving state, in its<br>discretion, may agree to accept supervision of a probationer or parolee in cases<br>when the parent, guardian, or person entitled to the legal custody of the delinquent<br>juvenile is not a resident of the receiving state, and if so accepted the sending state<br>may transfer supervision accordingly.2.That each receiving state will assume the duties of visitation and of supervision over<br>any such delinquent juvenile and in the exercise of those duties will be governed by<br>the same standards of visitation and supervision that prevail for its own delinquent<br>juveniles released on probation or parole.3.That, after consultation between the appropriate authorities of the sending state and<br>of the receiving state as to the desirability and necessity of returning such a<br>delinquent juvenile, the duly accredited officers of a sending state may enter a<br>receiving state and there apprehend and retake any such delinquent juvenile on<br>probation or parole. For that purpose, no formalities will be required, other than<br>establishing the authority of the officer and the identity of the delinquent juvenile to<br>be retaken and returned. The decision of the sending state to retake a delinquent<br>juvenile on probation or parole shall be conclusive upon and not reviewable within<br>the receiving state, but if, at the time the sending state seeks to retake a delinquent<br>juvenile on probation or parole, there is pending against the juvenile within the<br>receiving state any criminal charge or any proceeding to have the juvenile<br>adjudicated a delinquent juvenile for any act committed in such state or if the<br>juvenile is suspected of having committed within such state a criminal offense or an<br>act of juvenile delinquency, the juvenile shall not be returned without the consent of<br>the receiving state until discharged from prosecution or other form of proceeding,<br>imprisonment, detention, or supervision for such offense or juvenile delinquency.<br>The duly accredited officers of the sending state shall be permitted to transport<br>delinquent juveniles being so returned through any and all states party to this<br>compact without interference.4.That the sending state shall be responsible under this article for paying the costs of<br>transporting any delinquent juvenile to the receiving state or of returning any<br>delinquent juvenile to the sending state.Article VIII - Responsibility for Costs.1.That the provisions of articles IV, 2., V, 2., and VII, 4. of this compact shall not be<br>construed to alter or affect any internal relationship among the departments,<br>agencies, and officers of and in the government of a party state, or between a party<br>state and its subdivisions, as to the payment of costs, or responsibilities therefor.2.That nothing in this compact shall be construed to prevent any party state or<br>subdivision thereof from asserting any right against any person, agency, or other<br>entity in regard to costs for which such party state or subdivision thereof may be<br>responsible pursuant to articles IV, 2., V, 2., or VII, 4. of this compact.Article IX - Detention Practices.That, to every extent possible, it shall be the policy of states party to this compact that nojuvenile or delinquent juvenile shall be placed or detained in any prison, jail, or lockup nor be<br>detained or transported in association with criminal, vicious, or dissolute persons.Page No. 5Article X - Supplementary Agreements.That the duly constituted administrative authorities of a state party to this compact mayenter into supplementary agreements with any other state or states party hereto for the<br>cooperative care, treatment, and rehabilitation of delinquent juveniles whenever they shall find<br>that such agreements will improve the facilities or programs available for such care, treatment,<br>and rehabilitation. Such care, treatment, and rehabilitation may be provided in an institution<br>located within any state entering into such supplementary agreement.Such supplementaryagreements shall:1.Provide the rates to be paid for the care, treatment, and custody of such delinquent<br>juveniles, taking into consideration the character of facilities, services, and<br>subsistence furnished;2.Provide that the delinquent juvenile shall be given a court hearing prior to the<br>juvenile being sent to another state for care, treatment, and custody;3.Provide that the state receiving such a delinquent juvenile in one of its institutions<br>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<br>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<br>legal custody of said delinquent juvenile shall be secured prior to the juvenile being<br>sent to another state; and7.Make provision for such other matters and details as shall be necessary to protect<br>the rights and equities of such delinquent juveniles and of the cooperating states.Article XI - Acceptance of Federal and Other Aid.That any state party to this compact may accept any and all donations, gifts, and grantsof money, equipment, and services from the federal or any local government, or any agency<br>thereof and from any person, firm, or corporation, for any of the purposes and functions of this<br>compact, and may receive and utilize the same subject to the terms, conditions, and regulations<br>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<br>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 asbetween it and any other state or states so executing. When executed it shall have the full force<br>and effect of law within such state, the form or execution to be in accordance with the laws of the<br>executing state.Article XIV - Renunciation.That this compact shall continue in force and remain binding upon each executing stateuntil renounced by it.Renunciation of this compact shall be by the same authority whichexecuted it, by sending six months' notice in writing of its intention to withdraw from the compact<br>to the other states party hereto. The duties and obligations of a renouncing state under article VII<br>hereof shall continue as to parolees and probationers residing therein at the time of withdrawal<br>until retaken or finally discharged.Supplementary agreements entered into under article Xhereof shall be subject to renunciation as provided by such supplementary agreements, and shall<br>not be subject to the six months' renunciation notice of the present article.Page No. 6Article 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<br>participating state or of the United States or the applicability thereof to any government, agency,<br>person, or circumstance is held invalid, the validity of the remainder of this compact and the<br>applicability thereof to any government, agency, person, or circumstances shall not be affected<br>thereby.If this compact shall be held contrary to the constitution of any state participatingtherein, the compact shall remain in full force and effect as to the remaining states and in full<br>force and effect as to the state affected as to all severable matters.27-22-03. Juvenile compact administrator. Pursuant to said compact, the governor ishereby authorized and empowered to designate an officer who must be the compact<br>administrator and who, acting jointly with like officers of other party states, shall promulgate rules<br>and regulations to carry out more effectively the terms of the compact.Said compactadministrator shall serve subject to the pleasure of the governor. The compact administrator is<br>hereby authorized, empowered, and directed to cooperate with all departments, agencies, and<br>officers of and in the government of this state and its subdivisions in facilitating the proper<br>administration of the compact or of any supplementary agreement or agreements entered into by<br>this state hereunder.27-22-04.Supplementary agreements.The compact administrator is herebyauthorized and empowered to enter into supplementary agreements with appropriate officials of<br>other states pursuant to the compact. In the event that such supplementary agreement shall<br>require or contemplate the use of any institution or facility of this state or require or contemplate<br>the provision of any service by this state, said supplementary agreement has no force or effect<br>until approved by the head of the department or agency under whose jurisdiction said institution<br>or facility is operated or whose department or agency will be charged with the rendering of such<br>service.27-22-05. Responsibilities of state departments, agencies, and officers. The courts,departments, agencies, and officers of this state and its subdivisions shall enforce this compact<br>and shall do all things appropriate to the effectuation of its purposes and intent which may be<br>within their respective jurisdictions.27-22-06. Additional procedures not precluded. In addition to any procedure providedin articles IV and VI of the compact for the return of any runaway juvenile, the particular states,<br>the juvenile or the juvenile's parents, the courts, or other legal custodian involved may agree<br>upon and adopt any other plan of procedure legally authorized under the laws of this state and<br>the other respective party states for the return of any such runaway juvenile.27-22-07. Interstate rendition of juvenile delinquents. The governor is authorized anddirected to execute, with any other state or states legally joining the same, an amendment to the<br>interstate compact on juveniles concerning interstate rendition of juveniles alleged to be<br>delinquent. This amendment provides additional remedies and is binding only as among and<br>between those party states that specifically execute this amendment.All provisions andprocedures of articles V and VI of the interstate compact on juveniles must be construed to apply<br>to any juvenile charged with being a delinquent by reason of a violation of any criminal law. Any<br>juvenile charged with being a delinquent by reason of violating any criminal law must be returned<br>to the requesting state upon a requisition to the state where the juvenile may be found. A petition<br>in such cases must be filed in a court of competent jurisdiction in the requesting state where the<br>violation of criminal law is alleged to have been committed. The petition may be filed regardless<br>of whether the juvenile has left the state before or after the filing of the petition. The requisition<br>described in article V of the compact must be forwarded by the judge of the court in which the<br>petition has been filed.Page No. 7Document Outlinechapter 27-22 interstate compact on juveniles]]>