State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-2807

§ 7B‑2807.  (Forcontingent repeal – see note) Cooperative supervision of probationers andparolees.

(a)        That the dulyconstituted judicial and administrative authorities of a state party to thisCompact (herein called "sending state") may permit any delinquentjuvenile within such state, placed on probation or parole, to reside in anyother state party to this Compact (herein called "receiving state")while on probation or parole, and the receiving state shall accept thedelinquent juvenile, if the parent, guardian, or person entitled to the legalcustody of the delinquent juvenile is residing or undertakes to reside withinthe receiving state. Before granting permission, opportunity shall be given tothe receiving state to make investigations as 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 the supervision accordingly.

(b)        That each receivingstate will assume the duties of visitation and of supervision over anydelinquent juvenile and in the exercise of those duties will be governed by thesame standards of visitation and supervision that prevail for its owndelinquent juveniles released on probation or parole.

(c)        That, afterconsultation between the appropriate authorities of the sending state and of thereceiving state as to the desirability and necessity of returning thedelinquent juvenile, the duly accredited officers of a sending state may entera receiving state and there apprehend and retake any delinquent juvenile onprobation or parole. For that purpose, no formalities will be required otherthan establishing the authority of the officer and the identity of thedelinquent juvenile to be retaken and returned. The decision of the sendingstate to retake a delinquent juvenile on probation or parole shall beconclusive upon and not reviewable within the receiving state, but if, at thetime the sending state seeks to retake a delinquent juvenile on probation orparole, there is pending against the juvenile within the receiving state anycriminal charge or any proceeding to have the juvenile adjudicated a delinquentjuvenile for any act committed in the state or if the juvenile is suspected ofhaving committed within the state a criminal offense or an act of juveniledelinquency, the juvenile shall not be returned without the consent of thereceiving state until discharged from prosecution or other form of proceeding,imprisonment, detention, or supervision for the offense or juveniledelinquency. The duly accredited officers of the sending state shall bepermitted to transport delinquent juveniles being so returned through any andall states party to this Compact without interference.

(d)        The sending stateshall be responsible under this Article for paying the costs of transportingany delinquent juvenile to the receiving state or of returning any delinquentjuvenile to the sending state. (1963, c. 910, s. 1; 1965, c. 925, s. 1; 1979, c. 815,s. 1; 1998‑202, s. 6.)