§582-1  Execution of compact.  The
governor is hereby authorized and directed to execute a compact on behalf of
the Territory of Hawaii 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.  Finding 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 nondelinquent 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 noncriminal, reformative and protective policies which
guide their laws concerning delinquent, neglected or dependent juveniles
generally.  It shall be the policy of the states party to this compact to
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 possession of the United States, the District of Columbia, and the
Commonwealth of Puerto Rico; and "residence" or any variant thereof
means a place at which a home or regular place of abode is maintained.



Article IV.  Return of Runaways



(a)  That the parent, guardian, person or
agency entitled to legal custody of a juvenile who has not been adjudged
delinquent but who has run away without the consent of such parent, guardian,
person or agency may 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 provision 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 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 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 Secretary of Hawaii shall be the
compact administrator and who, acting jointly with like officers of other
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
circumstance shall not be affected thereby.  If this compact shall be held
contrary to the constitution of any state participating therein, the compact
shall remain in full force and effect as to the remaining states and in full
force and effect as to the state affected as to all severable matters.



Article XVI.  Out-of-State Confinement
Amendment



(1)  The Out-of-State Confinement Amendment to
the Interstate Compact on Juveniles is hereby enacted into law and entered into
by this State with all other states legally joining therein in the form
substantially as follows:



(a)  Whenever the duly constituted judicial or
administrative authorities in a sending state shall determine that confinement
of a probationer or reconfinement of a parolee is necessary or desirable, said
officials may direct that the confinement or reconfinement be in an appropriate
institution for delinquent juveniles within the territory of the receiving
state, such receiving state to act in that regard solely as agent for the
sending state.



(b)  Escapees and absconders who would
otherwise be returned pursuant to Article V of the Compact may be confined or
reconfined in the receiving state pursuant to this amendment.  In any such case
the information and allegations required to be made and furnished in a
requisition pursuant to such Article shall be made and furnished, but in place
of the demand pursuant to Article V, the sending state shall request
confinement or reconfinement in the receiving state.  Whenever applicable,
detention orders as provided in Article V may be employed pursuant to this
paragraph preliminary to disposition of the escapee or absconder.



(c)  The confinement or reconfinement of a
parolee, probationer, escapee, or absconder pursuant to this amendment shall
require the concurrence of the appropriate judicial or administrative authorities
of the receiving state.



(d)  As used in this amendment:  (1)
"sending state" means sending state as that term is used in Article
VII of the Compact or the state from which a delinquent juvenile has escaped or
absconded within the meaning of Article V of the Compact; (2) "receiving
state" means any state, other than the sending state, in which a parolee,
probationer, escapee, or absconder may be found, provided that said state is a
party to this amendment.



(e)  Every state which adopts this amendment
shall designate at least one of its institutions for delinquent juveniles as a
"Compact Institution" and shall confine persons therein as provided
in paragraph (a) hereof unless the sending and receiving state in question
shall make specific contractual arrangements to the contrary.  All states party
to this amendment shall have access to "Compact Institutions" at all
reasonable hours for the purpose of inspecting the facilities thereof and for
the purpose of visiting such of said state's delinquents as may be confined in
the institution.



(f)  Persons confined in "Compact
Institutions" pursuant to the terms of this compact shall at all times be
subject to the jurisdiction of the sending state and may at any time be removed
from said "Compact Institution" for transfer to an appropriate
institution within the sending state, for return to probation or parole, for
discharge, or for any purpose permitted by the laws of the sending state.



(g)  All persons who may be confined in a
"Compact Institution" pursuant to the provisions of this amendment
shall be treated in a reasonable and humane manner.  The fact of confinement or
reconfinement in a receiving state shall not deprive any person so confined or
reconfined of any rights which said person would have had if confined or
reconfined in an appropriate institution of the sending state; nor shall any
agreement to submit to confinement or reconfinement pursuant to the terms of
this amendment be construed as a waiver of any rights which the delinquent
would have had if he had been confined or reconfined in any appropriate
institution of the sending state except that the hearing or hearings, if any,
to which a parolee, probationer, escapee, or absconder may be entitled (prior
to confinement or reconfinement) by the laws of the sending state may be had
before the appropriate judicial or administrative officers of the receiving
state.  In this event, said judicial and administrative officers shall act as
agents of the sending state after consultation with appropriate officers of the
sending state.



(h)  Any receiving state incurring costs or
other expenses under this amendment shall be reimbursed in the amount of such
costs or other expenses by the sending state unless the states concerned shall
specifically otherwise agree.  Any two or more states party to this amendment
may enter into supplementary agreements determining a different allocation of
costs as among themselves.



(i)  This amendment shall take initial effect
when entered into by any two or more states party to the Compact and shall be
effective as to those states which have specifically enacted this amendment. 
Rules and regulations necessary to effectuate the terms of this amendment may
be promulgated by the appropriate officers of those states which have enacted
this amendment.



(2)  In addition to any institution in which
the authorities of this State may otherwise confine or order the confinement of
a delinquent juvenile, such authorities may, pursuant to the Out-of-State
Confinement Amendment to the Interstate Compact on Juveniles, confine or order
the confinement of a delinquent juvenile in a Compact Institution within
another party state. [L 1955, c 87, §1; RL 1955, §334A-1; am L 1967, c 200, §1;
HRS §582-1]



 



Cross References



 



  Rulemaking, see chapter 91.