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Association of Juvenile Compact Administrators

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Title: Association of Juvenile Compact Administrators


1
Association of Juvenile Compact Administrators
New Administrator's Training
2
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.

3
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.

4
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

5
ICJ - CONSTRUCTION
  • Used to request supervision of a
    parolee/probationer in another state.
  • Return a runaway juvenile to his/her own state.

6
ICJ - CONSTRUCTION
  • Return delinquent escapees or absconders.
  • In addition to the basic articles and amendments,
    allows for supplementary agreements between
    individual states.

7
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.

8
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.

9
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.

10
COMMUNICATION CHANNELS
  • The CORRECT communication lines for mail phones
    is illustrated below.

11
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.
12
ICJ ARTICLE VII
  • Procedures for Requesting Courtesy Supervision
  • Probation and Parole

13
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
14
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.

15
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.

16
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.

17
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.

18
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.

19
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.

20
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
21
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.

22
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.

23
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.

24
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.

25
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.

26
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.

27
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

28
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.

29
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.

30
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.

31
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.

32
DUE PROCESS
  • Taken before a juvenile judge.
  • Judge informs the juvenile of his/her rights.
  • A guardian ad litem may be appointed.

33
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.

34
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.

35
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.

36
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.

37
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.

38
AIRPORT SUPERVISIONRule 6-115
  • Surveillance is a courtesy service.
  • Should be during normal working hours.
  • Give sufficient notice.

39
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).

40
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.

41
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.

42
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.

43
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
44
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.

45
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.

46
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

47
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.

48
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

49
ICJ OUT-OF-STATE CONFINEMENT AMENDMENT
  • Supplementary agreement between states.
  • Both states must be party to amendment.

50
REMINDER OF ICJ DUTES
  • Monday Friday coverage.
  • Train locals
  • Review materials prior to forwarding.
  • Maintain copies in your office.
  • Communicate
  • Enjoy the meeting.

51
ENJOY THE REST OF THE CONFERENCE
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