Idaho State Statutes - Idaho Attorney Directory

[EFFECTIVE UNTIL ENACTMENT OF COMPACT BY
35 STATES OR JULY 1, 2004, WHICHEVER IS LATER] The governor is hereby
authorized and directed to 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 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 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 90 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 90 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 the 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 Article 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 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.

16-1902. SHORT TITLE. [EFFECTIVE UPON ENACTMENT OF COMPACT BY 35 STATES
OR JULY 1, 2004, WHICHEVER IS LATER] This act may be cited as the "Interstate
Compact for Juveniles."

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