§ 14-6.2-1 - Execution of the Compact.
SECTION 14-6.2-1
§ 14-6.2-1 Execution of the Compact.– The governor on behalf of the state of Rhode Island and Providence Plantationsis authorized to execute a compact, in substantially the following form, withany state, territory or possession of the United States, the District ofColumbia, and the Commonwealth of Puerto Rico, and the general assemblysignifies in advance its approval and ratification of this compact:
Interstate Compact on Juveniles
The contracting states solemnly agree:
ARTICLE I
Findings and Purposes
That juveniles who are not under proper supervision andcontrol, or who have absconded, escaped or run away, are likely to endangertheir own health, morals and welfare, and the health morals and welfare ofothers. The cooperation of the states party to this compact is thereforenecessary to provide for the welfare and protection of juveniles and of thepublic with respect to: (1) cooperative supervision of delinquent juveniles onprobation or parole; (2) the return, from one state to another, of delinquentjuveniles who have escaped or absconded; (3) the return, from one state toanother, of non-delinquent juveniles who have run away from home; and (4)additional measures for the protection of juveniles and of the public, whichany two (2) or more of the party states may find desirable to undertakecooperatively. In carrying out the provisions of this compact the party statesshall be guided by the non-criminal, reformative and protective polices[policies] which guide their laws concerning delinquent, neglected ordependent juveniles generally. It shall be the policy of the states party tothis compact to cooperate and observe their respective responsibilities for theprompt return and acceptance of juveniles and delinquent juveniles who becomesubject to the provisions of this compact. The provisions of this compact shallbe reasonably and liberally construed to accomplish the purposes of Article Iof this compact.
ARTICLE II
Existing Rights and Remedies
That all remedies and procedures provided by this compactshall be in addition to and not in substitution for other rights, remedies andprocedures, and shall not be in derogation of parental rights andresponsibilities.
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 theprovisions of this compact are invoked, is still subject to the jurisdiction ofthe court that has made that adjudication or to the jurisdiction or supervisionof an agency or institution pursuant to an order of the court; "probation orparole" means any kind of conditional release of juveniles authorized under thelaws of the states party to the compact; "court" means any court havingjurisdiction over delinquent, neglected or dependent children; "state" meansany state, territory or possession of the United States, the District ofColumbia, and the Commonwealth of Puerto Rico; and "residence" or any variantof it 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 tolegal custody of a juvenile who has not been adjudged delinquent but who hasrun away without the consent of the parent, guardian, person or agency maypetition the appropriate court in the demanding state for the issuance of arequisition for his or her return. The petition shall state the name and age ofthe juvenile, the name of the petitioner and the basis of entitlement to thejuvenile's custody, the circumstances of his or her running away, his locationif known at the time application is made, and any other facts that may tend toshow that the juvenile who has run away is endangering his or her own welfareor the welfare of others and is not an emancipated minor. The petition shall beverified by affidavit, shall be executed in duplicate, and shall be accompaniedby two (2) certified copies of the document or documents on which thepetitioner's entitlement to the juvenile's custody is base [based],such as birth certificates, letters of guardianship, or custody decrees. Anyfurther affidavits and other documents that may be deemed proper may besubmitted with the petition. The judge of the court to which this applicationis made may hold a hearing on it to determine whether for the purposes of thiscompact the petitioner is entitled to the legal custody of the juvenile,whether or not it appears that the juvenile has in fact run away withoutconsent, whether or not he or she is an emancipated minor, and whether or notit is in the best interest of the juvenile to compel his or her return to thestate. If the judge determines, either with or without a hearing, that thejuvenile should be returned, he or she shall present to the appropriate courtor to the executive authority of the state where the juvenile is alleged to belocated a written requisition for the return of the juvenile. The requisitionshall set forth the name and age of the juvenile, the determination of thecourt that the juvenile has run away without the consent of a parent, guardian,person or agency entitled to his or her legal custody, and that it is in thebest interest and for the protection of the juvenile that he or she bereturned. In the event that a proceeding for the adjudication of the juvenileas a delinquent, neglected or dependent juvenile is pending in the court at thetime when the juvenile runs away, the court may issue a requisition for thereturn of the juvenile upon its own motion, regardless of the consent of theparent, guardian, person or agency entitled to legal custody, reciting in itthe nature and circumstances of the pending proceeding. The requisition shallin every case be executed in duplicate and shall be signed by the judge. Onecopy of the requisition shall be filed with the compact administrator of thedemanding state, there to remain on file subject to the provisions of lawgoverning records of such court. Upon the receipt of a requisition demandingthe return of a juvenile who has run away, the court or the executive authorityto whom the requisition is addressed shall issue an order to any peace officeror other appropriate person directing him to take into custody and detain thejuvenile. The detention order must substantially recite the facts necessary tothe validity of its issuance under this article. No juvenile detained upon theorder shall be delivered over to the officer whom the court demanding him orher shall have appointed to receive him or her, unless he or she shall first betaken immediately before a judge of a court in the state, who shall inform himor her of the demand made for his or her return, and who may appoint counsel orguardian ad litem for him or her. If the judge of the court shall find that therequisition is in order, he or she shall deliver the juvenile over to theofficer whom the court demanding him or her shall have appointed to receive himor her. The judge, however, may fix a reasonable time to be allowed for thepurpose of testing the legality of the proceeding. Upon reasonable informationthat a person is a juvenile who has run away from another state party to thiscompact without consent of a parent, guardian, person or agency entitled to hisor her legal custody, the juvenile, consistent with section 14-1-26.1, may betaken into custody without a requisition and brought immediately before a judgeof the appropriate court who may appoint counsel or guardian ad litem for thejuvenile and who shall determine after a hearing whether sufficient causeexists to hold the person, subject to the order of the court, for his or herown protection and welfare, for a time not exceeding ninety (90) days that willenable his or her return to another state party to this compact pursuant to therequisition for his or her return from a court of that state. If, at the timewhen a state seeks the return of a juvenile who has run away, there is pendingin the state in which he or she is found any criminal charge, or any proceedingto have him or her adjudicated a delinquent juvenile for an act committed inthat state, or if he or she is suspected of having committed within that statea criminal offense or an act of juvenile delinquency, he or she shall not bereturned without the consent of that state until discharged from prosecution orother form of proceeding, imprisonment, detention or supervision for theoffense or juvenile delinquency. The duly accredited officers of any stateparty to this compact, upon the establishment of their authority and theidentity of the juvenile being returned, shall be permitted to transport thejuvenile through any and all states party to this compact without interference.Upon his or her return to the state from which he or she ran away, the juvenileshall be subject to any further proceedings that may be appropriate under thelaws of that state.
(b) That the state to which a juvenile is returned under thisarticle shall be responsible for payment of the transportation costs of thatreturn.
(c) That "juvenile" as used in this article means any personwho is a minor under the law of the state of residence of the parent, guardian,person or agency entitled to the legal custody of the minor.
ARTICLE V
Return of Escapees and Absconders
(a) That the appropriate person or authority from whoseprobation or parole supervision a delinquent juvenile has absconded or fromwhose institutional custody he or she has escaped shall present to theappropriate court or to the executive authority of the state where thedelinquent juvenile is alleged to be located a written requisition for thereturn of the delinquent juvenile. The requisition shall state the name and ageof the delinquent juvenile, the particulars of his or her adjudication as adelinquent juvenile, the circumstances of the breach of the terms of his or herprobation or parole or of his or her escape from an institution or agencyvested with his or her legal custody or supervision, and the location of thedelinquent juvenile, if known, at the time the requisition is made. Therequisition shall be verified by affidavit, shall be executed in duplicate, andshall be accompanied by two (2) certified copies of the judgment, formaladjudication, or order of commitment which subjects the delinquent juvenile toprobation or parole or to the legal custody of the institution or agencyconcerned. Any further affidavits and other documents that may be deemed propermay be submitted with the requisition. One copy of the requisition shall befiled with the compact administrator of the demanding state, there to remain onfile subject to the provisions of law governing records of the appropriatecourt. Upon the receipt of a requisition demanding the return of a delinquentjuvenile who has absconded or escaped, the court or the executive authority towhom the requisition is addressed shall issue an order to any peace officer orother appropriate person directing him or her to take into custody and detainthe delinquent juvenile. The detention order must substantially recite thefacts necessary to the validity of its issuance under this article. Nodelinquent juvenile detained upon the order shall be delivered over to theofficer whom the appropriate person or authority demanding him or her shallhave appointed to receive him or her, unless he or she shall first be takenimmediately before a judge of an appropriate court in the state, who shallinform him or her of the demand made for his or her return and who may appointcounsel or guardian ad litem for him or her. If the judge of the court shallfind that the requisition is in order, he or she shall deliver the delinquentjuvenile over to the officer whom the appropriate person or authority demandinghim or her shall have appointed to receive him or her. The judge, however, mayfix a reasonable time to be allowed for the purpose of testing the legality ofthe proceeding. Upon reasonable information that a person is a delinquentjuvenile who has absconded while on probation or parole, or escaped from aninstitution or agency vested with his or her legal custody or supervision inany state party to this compact, the person may be taken into custody in anyother state party to this compact without a requisition. But in that event, heor she must be taken immediately before a judge of the appropriate court, whomay appoint counsel or guardian ad litem for the person and who shalldetermine, after a hearing, whether sufficient cause exists to hold the personsubject to the order of the court for a time, not exceeding ninety (90) days,as will enable his or her detention under a detention order issued on arequisition pursuant to this article. If, at the time when a state seeks thereturn of a delinquent juvenile who has either absconded while on probation orparole or escaped from an institution or agency vested with his or her legalcustody or supervision, there is pending in the state in which he or she isdetained any criminal charge or any proceeding to have him or her adjudicated adelinquent juvenile for an act committed in the state, or if he or she issuspected of having committed within the state a criminal offense or an act ofjuvenile delinquency, he or she shall not be returned without the consent ofthe state until discharged from prosecution or other form of proceeding,imprisonment, detention or supervision for the offense or juvenile delinquency.The duly accredited officers of any state party to this compact, upon theestablishment of their authority and the identity of the delinquent juvenilebeing returned, shall be permitted to transport the delinquent juvenile throughany and all states party to this compact, without interference. Upon his or herreturn to the state from which he or she escaped or absconded, the delinquentjuvenile shall be subject to any further proceedings that may be appropriateunder the laws of that state.
(b) That the state to which a delinquent juvenile is returnedunder this article shall be responsible for payment of the transportation costsof the return.
ARTICLE VI
Voluntary Return Procedure
That any delinquent juvenile who has absconded while onprobation or parole, or escaped from an institution or agency vested with hisor her legal custody or supervision in any state party to this compact, and anyjuvenile who has run away from any state party to this compact, who is takeninto custody without a requisition in another state party to this compact underthe provisions of article IV(a) or of article V(a), may consent to his or herimmediate return to the state from which he or she absconded, escaped or ranaway. Consent shall be given by the juvenile or delinquent juvenile and his orher 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 thejuvenile or delinquent juvenile and his or her counsel or guardian ad litem, ifany, consent to his or her return to the demanding state. Before the consentshall be executed or subscribed, however, the judge, in the presence of counselor guardian ad litem, if any, shall inform the juvenile or delinquent juvenileof his or her rights under this compact. When the consent has been dulyexecuted, it shall be forwarded to and filed with the compact administrator ofthe state in which the court is located and the judge shall direct the officerhaving the juvenile or delinquent juvenile in custody to deliver his[him] or her to the duly accredited officer or officers of the statedemanding his or her return, and shall cause to be delivered to that officer orofficers a copy of the consent. The court may, however, upon the request of thestate to which the juvenile or delinquent juvenile is being returned, order himor her to return unaccompanied to the state and shall provide him or her with acopy of the court order; in that event a copy of the consent shall be forwardedto the compact administrator of the state to which the juvenile or delinquentjuvenile is ordered to return.
ARTICLE VII
Cooperative Supervision of Probationers andParolees
(a) That the duly constituted judicial and administrativeauthorities of a state party to this compact (called "sending state") maypermit any delinquent juvenile within the state, placed on probation or parole,to reside in any other state party to this compact (called "receiving state")while on probation or parole, and receiving state shall accept the delinquentjuvenile, if the parent, guardian or person entitled to the legal custody ofthe delinquent juvenile is residing or undertakes to reside within thereceiving state. Before granting permission, opportunity shall be given to thereceiving state to make any investigations that it deems necessary. Theauthorities of the sending state shall send to the authorities of the receivingstate copies of pertinent court orders, social case studies and all otheravailable information which may be of value to and assist the receiving statein supervising a probationer or parolee under this compact. A receiving state,in its discretion, may agree to accept supervision of a probationer or paroleein cases where the parent, guardian or person entitled to the legal custody ofthe delinquent juvenile is not a resident of the receiving state, and if soaccepted the sending state may transfer supervision accordingly.
(b) That each receiving state will assume the duties ofvisitation and of supervision over any delinquent juvenile and in the exerciseof those duties will be governed by the same standards of visitation andsupervision that prevail for its own delinquent juveniles released on probationor parole.
(c) That, after consultation between the appropriateauthorities of the sending state and of the receiving state as to thedesirability and necessity of returning a delinquent juvenile, the dulyaccredited officers of a sending state may enter a receiving state and thereapprehend and retake any delinquent juvenile on probation or parole. For thatpurpose, no formalities will be required, other than establishing the authorityof the officer and the identity of the delinquent juvenile to be retaken andreturned. The decision of the sending state to retake a delinquent juvenile onprobation or parole shall be conclusive upon and not reviewable within thereceiving state, but if at the time the sending state seeks to retake adelinquent juvenile on probation or parole, there is pending against him or herwithin the receiving state any criminal charge or any proceeding to have him orher adjudicated a delinquent juvenile for any act committed in the state, or ifhe or she is suspected of having committed within the state a criminal offenseor an act of juvenile delinquency, he or she shall not be returned without theconsent of the receiving state until discharge from prosecution or other formof proceeding, imprisonment, detention or supervision for such offense orjuvenile delinquency. The duly accredited officers of the sending state shallbe permitted to transport delinquent juveniles being so returned through anyand all states party to this compact, without interference.
(d) That the sending state shall be responsible under thisarticle for paying the costs of transporting any delinquent juvenile to thereceiving state or of retuning 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 internalrelationship among the departments, agencies and officers of and in thegovernment of a party state, or between a party state and its subdivisions, asto the payment of costs, or responsibilities for them.
(b) That nothing in this compact shall be construed toprevent any party state or subdivision from asserting any right against anyperson, agency or other entity in regard to costs for which the party state orsubdivision may be responsible pursuant to articles IV(b), V(b), or VII(d) ofthis compact.
ARTICLE IX
Detention Practices
That, to every extent possible it shall be the policy ofstates party to this compact that no juvenile or delinquent juvenile shall beplaced or detained in any prison, jail or lockup nor be detained or transportedin association with criminal, vicious or dissolute persons.
ARTICLE X
Supplementary Agreements
That the duly constituted administrative authorities of astate party to this compact may enter into supplementary agreements with anyother state or states party to this compact for the cooperative care, treatmentand rehabilitation of delinquent juveniles whenever they shall find that theagreements will improve the facilities or programs available for the care,treatment and rehabilitation. The care, treatment and rehabilitation may beprovided in an institution located within any state entering into thesupplementary agreement. Any supplementary agreements shall: (1) provide therates to be paid for the care, treatment and custody of delinquent juveniles,taking into consideration the character of facilities, services and subsistencefurnished; (2) provide that the delinquent juvenile shall be given a courthearing prior to his or her being sent to another state for care, treatment andcustody; (3) provide that the state receiving such a delinquent juvenile in oneof its institutions shall act solely as agent for the state sending thedelinquent juvenile; (4) provide that the sending state shall at all timesretain jurisdiction over delinquent juveniles sent to an institution in anotherstate; (5) provide for reasonable inspection of the institutions by the sendingstate; (6) provide that the consent of the parent, guardian person or agencyentitled to the legal custody of the delinquent juvenile shall be secured priorto his or her being sent to another state; and (7) make provision for suchother matters and details as shall be necessary to protect the rights andequities 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 alldonations, gifts and grants of money, equipment and services from the federalor any local government, or any agency of the federal or any local governmentand from any person, firm or corporation, for any of the purposes and functionsof this compact, and may receive and utilize the same subject to the terms,conditions and regulations governing donations, gifts and grants.
ARTICLE XII
Compact Administrators
That the governor of each state party to this compact shalldesignate an officer who, acting jointly with like officers of other partystates, shall promulgate rules and regulations to carry out more effectivelythe terms and provisions of this compact.
ARTICLE XIII
Executive of Compact
That this compact shall become operative immediately upon itsexecution by any state as between it and any other state or states soexecuting. When executed it shall have the full force and effect of law withinthe state, the form of execution to be in accordance with the laws of theexecuting state.
ARTICLE XIV
Renunciation
That this compact shall continue in force and remain bindingupon each executing state until renounced by it. Renunciation of this compactshall be by the same authority which executed it, by sending six (6) monthsnotice in writing of its intention to withdraw from the compact to the otherstates party to it. The duties and obligations of a renouncing state underArticle VII of this compact shall continue as to parolees and probationersresiding in that state at the time of withdrawal until retaken or finallydischarged. Supplementary agreements entered into under Article X of thiscompact shall be subject to renunciation as provided by any supplementaryagreements, and shall not be subject to the six (6) months' renunciation noticeof the present article.
ARTICLE XV
Severability
That the provisions of this compact shall be severable and ifany phrase, clause, sentence or provision of this compact is declared to becontrary to the constitution of any participating state or of the United Statesor its applicability to any government, agency, person or circumstance is heldinvalid, the validity of the remainder of this compact and its applicability toany government, agency, person or circumstance shall not be affected by it. Ifthis compact shall be held contrary to the constitution of any stateparticipating in it, the compact shall remain in full force and effect as tothe remaining states and in full force and effect as to the state affected asto all severable matters.