8-362

8-362. Execution of compact

The governor shall 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) cooperative supervision of delinquent
juveniles on probation or parole; (2) the return, from one state to another, of
delinquent juveniles who have escaped or absconded; (3) the return, from one state to
another, of non-delinquent juveniles who have run away from home; and (4) additional
measures for the protection of juveniles and of the public, which any two 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 the non-criminal,
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 cooperate 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 possessions 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 petition the appropriate court in the
demanding state for the issuance of a requisition for his return. The petition shall
state the name and age of the juvenile, the name of the petitioner 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 petition shall be verified by affidavit,
shall be executed in duplicate, and shall be accompanied by two certified copies of the
document or documents on which the petitioner's entitlement to the juvenile's custody is
based, such as birth certificates, letters of guardianship, or custody decrees. Such
further affidavits and other documents as may be deemed proper may be submitted with such
petition. 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 petitioner 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 ninety 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 two 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 ninety 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 -- Cooperative 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 cooperative 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 one 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
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
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 six 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 six 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
circumstances 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.

ARTICLE XVI -- Additional Article

That this article shall provide additional remedies, and shall be binding only as
among and between those party states which specifically execute the same.

For the purposes of this article, "child", as used herein, means any minor within
the jurisdictional age limits of any court in the home state.

When any child is brought before a court of a state of which such child is not a
resident, and such state is willing to permit such child's return to the home state of
such child, such home state, upon being so advised by the state in which such proceeding
is pending, shall immediately institute proceedings to determine the residence and
jurisdictional facts as to such child in such home state, and upon finding that such
child is in fact a resident of said state and subject to the jurisdiction of the court
thereof, shall within five days authorize the return of such child to the home state, and
to the parent or custodial agency legally authorized to accept such custody in such home
state, and at the expense of such home state, to be paid from such funds as such home
state may procure, designate, or provide, prompt action being of the essence.

AMENDMENT TO THE INTERSTATE COMPACT ON JUVENILES,

CONCERNING INTERSTATE RENDITION OF JUVENILES

ALLEGED TO BE DELINQUENT

(a) This amendment shall provide additional remedies, and shall be binding only as
among and between those party states which specifically execute the same.

(b) All provisions and procedures of articles V and VI of the interstate compact on
juveniles shall be construed to apply to any juvenile charged with being a delinquent by
reason of a violation of any criminal law. Any juvenile, charged with being a delinquent
by reason of violating any criminal law shall be returned to the requesting state upon a
requisition to the state where the juvenile may be found. A petition in such case shall
be filed in a court of competent jurisdiction in the requesting state where the violation
of criminal law is alleged to have been committed. The petition may be filed regardless
of whether the juvenile has left the state before or after the filing of the petition.
The requisition described in article V of the compact shall be forwarded by the judge of
the court in which the petition has been filed.